---
kind: "section"
citation: "5 C.F.R. § 848.201"
title: "5"
number: "848.201"
heading: "Eligibility."
url: "https://uscodex.org/cfr/5/848.201"
---

# §848.201. Eligibility.

- (a) A retirement-eligible employee, as defined in paragraphs [(b)](#b) and [(c)](#c), may elect to enter phased retirement status if the employee has been employed on a full-time basis for not less than the 3-year period ending on the effective date of phased retirement status under [§ 848.203](/cfr/5/848.203.md).
- (b) Except as provided in [paragraph (c)](#c) of this section, a retirement-eligible employee means an employee who, if separated from the service, would meet the requirements for retirement under subsection [(a)](#a) or [(b)](#b) of [5 U.S.C. 8412](/usc/5/8412.md).
- (c) **A retirement-eligible employee does not include—**
  - (1) A member of the Capitol Police or Supreme Court Police, or an employee occupying a law enforcement officer, firefighter, nuclear materials courier, air traffic controller, or customs and border protection officer position, except a customs and border protection officer who is exempt from mandatory separation and retirement under [5 U.S.C. 8325](/usc/5/8325.md) pursuant to [section 535(e)(2)(A)](/cfr/5/535.md?p=e-2-A) of Division E of the Consolidated Appropriations Act, 2008, Public Law 110-161;
  - (2) An individual eligible to retire under 5 U.S.C. [8412(d)](/usc/5/8412.md?p=d) or [(e)](/usc/5/8412.md?p=e): or
  - (3) An employee covered by a special work schedule authority that does not allow for a regularly recurring part-time schedule, such as a firefighter covered by [5 U.S.C. 5545b](/usc/5/5545b.md) or a nurse covered by 38 U.S.C. [7456](/usc/38/7456.md) or [7456A](/usc/38/7456A.md).

## Notes

### Authority

Authority: 5 U.S.C. 8461; 5 U.S.C. 8412a.

### Source

Source: 79 FR 46632, Aug. 8, 2014, unless otherwise noted.