--- kind: "section" citation: "5 C.F.R. § 831.1713" title: "5" number: "831.1713" heading: "Application for phased retirement." url: "https://uscodex.org/cfr/5/831.1713" --- # §831.1713. Application for phased retirement. - (a) To elect to enter phased retirement status, a retirement-eligible employee covered by [§ 831.1711](/cfr/5/831.1711.md) must— - (1) Submit to an authorized agency official a written and signed request to enter phased employment, on a form prescribed by OPM; - (2) Obtain the signed written approval of an authorized agency official to enter phased employment; and - (3) File an application for phased retirement, in accordance with [§ 831.104](/cfr/5/831.104.md). - (b) Except as provided in [paragraph (c)](#c) of this section, an applicant for phased retirement may withdraw his or her application any time before the election becomes effective, but not thereafter. - (c) An applicant for phased retirement may not withdraw his or her application after OPM has received a certified copy of a court order (under [part 581](/cfr/5/part581.md) or [part 838](/cfr/5/part838.md) of this chapter) affecting the benefits. - (d) - (1) An employee and an agency approving official may agree to a time limit to the employee's period of phased employment as a condition of approval of the employee's request to enter phased employment and phased retirement, or by mutual agreement after the employee enters phased employment status. - (2) To enter into such an agreement, the employee and the approving official must complete a written and signed agreement. - (3) The written agreement must include the following: - (i) The date the employee's period of phased employment will terminate; - (ii) A statement that the employee can request the approving official's permission to return to regular employment status at any time as provided in [§ 831.1721](/cfr/5/831.1721.md); the agreement must also explain how returning to regular employment status would affect the employee, as described in [§§ 831.1721-1723](/cfr/5/831.1721-1723.md). - (iii) A statement that the employee has a right to elect to fully retire at any time as provided in [§ 831.1731](/cfr/5/831.1731.md); - (iv) A statement that the employee may accept a new appointment at another agency, with or without the new agency's approval of phased employment, at any time before the expiration of the agreement or within 3 days of the expiration of the agreement; the agreement must also explain how accepting an appointment at a new agency as a regular employee would affect the employee, as described in [§§ 831.1721-1723](/cfr/5/831.1721-1723.md); - (v) An explanation that when the agreed term of phased employment ends, the employee will be separated from employment and that such separation will be considered voluntary based on the written agreement; and - (vi) An explanation that if the employee is separated from phased employment and is not employed within 3 days (i.e., the employee has a break in service of greater than 3 days), the employee will be deemed to have elected full retirement. - (4) The agency approving official and the employee may rescind an existing agreement, or enter into a new agreement to extend or reduce the term of phased employment agreed to in an existing agreement, by entering into a new written agreement meeting the requirements of this paragraph, before the expiration of the agreement currently in effect. - (e) An agency must establish written criteria that will be used to approve or deny applications for phased retirement before approving or denying applications for phased retirement. ## Notes ### Source Source: 79 FR 46619, Aug. 8, 2014, unless otherwise noted. ### Authority Authority: 5 U.S.C. 8347; Sec. 831.102 also issued under 5 U.S.C. 8334; Sec. 831.106 also issued under 5 U.S.C. 552a; Sec. 831.108 also issued under 5 U.S.C. 8336(d)(2); Sec. 831.114 also issued under 5 U.S.C. 8336(d)(2) and Sec. 1313(b)(5) of Pub. L. 107-296, 116 Stat. 2135; Sec. 831.201(b)(1) also issued under 5 U.S.C. 8347(g); Sec. 831.201(b)(6) also issued under 5 U.S.C. 7701(b)(2); Sec. 831.201(g) also issued under Secs. 11202(f), 11232(e), and 11246(b) of Pub. L. 105-33, 111 Stat. 251; Sec. 831.201(g) also issued under Secs. 7(b) and (e) of Pub. L. 105-274, 112 Stat. 2419; Sec. 831.201(i) also issued under Secs. 3 and 7(c) of Pub. L. 105-274, 112 Stat. 2419; Sec. 831.202 also issued under Sec. 111 of Pub. L. 99-500, 100 Stat. 1783, and Sec. 111 of Pub. L. 99-591, 100 Stat. 3341-348, and also Sec. 1 of Pub. L. 110-279, 122 Stat. 2602, as amended by Sec. 1(a) of Pub. L. 116-21, 133 Stat. 903; Sec. 831.204 also issued under Sec. 102(e) of Pub. L. 104-8, 109 Stat. 102, as amended by Sec. 153 of Pub. L. 104-134, 110 Stat. 1321; Sec. 831.205 also issued under Sec. 2207 of Pub. L. 106-265, 114 Stat. 784; Sec. 831.206 also issued under Sec. 1622(b) of Pub. L. 104-106, 110 Stat. 515; Sec. 831.301 also issued under Sec. 2203 of Pub. L. 106-265, 114 Stat. 780; Sec. 831.303 also issued under 5 U.S.C. 8334(d)(2) and Sec. 2203 of Pub. L. 106-235, 114 Stat. 780; Sec. 831.502 also issued under 5 U.S.C. 8337, and under Sec. 1(3), E.O. 11228, 3 CFR 1965-1965 Comp. p. 317; Sec. 831.663 also issued under 5 U.S.C. 8339(j) and (k)(2); Secs. 831.663 and 831.664 also issued under Sec. 11004(c)(2) of Pub. L. 103-66, 107 Stat. 412; Sec. 831.682 also issued under Sec. 201(d) of Pub. L. 99-251, 100 Stat. 23; Sec. 831.912 also issued under Sec. 636 of Appendix C to Pub. L. 106-554, 114 Stat. 2763A-164; Subpart P also issued under Sec. 535(d) of Title V of Division E of Pub. L. 110-161, 121 Stat. 2042; Subpart Q also issued under 5 U.S.C. 8336a; Subpart V also issued under 5 U.S.C. 8343a and Sec. 6001 of Pub. L. 100-203, 101 Stat. 1330-275; Sec. 831.2203 also issued under Sec. 7001(a)(4) of Pub. L. 101-508, 104 Stat. 1388-328; Pub. L. 115-352, 132 Stat. 5067 (5 U.S.C. 101). ### Source Source: 33 FR 12498, Sept. 4, 1968, unless otherwise noted.