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§158.641. Student loan repayments.

6 C.F.R. § 158.641

(a)
In alignment with the compensation strategy described in § 158.601, the Department may provide a student loan repayment to a DHS-CS employee under this section and in accordance with 5 U.S.C. 5379 and 5 CFR part 537, except that:
(1)
The maximum payment amounts under 5 U.S.C. 5379 and 5 CFR part 537 do not apply, and the Department may provide and a DHS-CS employee may receive a student loan repayment under this section so long as such repayment does not exceed $16,500 per employee per calendar year and a total of $90,000 per employee;
(2)
The minimum service period length of three years under 5 U.S.C. 5379 and 5 CFR part 537 does not apply, and instead the length of a minimum service period for a DHS-CS employee receiving a student loan repayment under this section is determined under CTMS policy and based on the amount of the repayment received by the employee; and
(3)
Eligibility criteria related to time-limited appointments under 5 U.S.C. 5379 and 5 CFR part 537 do not apply, and a DHS-CS employee in a renewable appointment may receive a student loan payment under this section.
(b)
In alignment with eligibility criteria under 5 U.S.C. 5379 and 5 CFR part 537:
(1)
If the Department determines a DHS-CS employee's performance is unacceptable, as defined in 5 U.S.C. 4301(3), or the employee receives an unacceptable rating of record under § 158.804, or the Department determines the employee has engaged in misconduct, the employee is ineligible to receive a student loan repayment under this section.
(2)
A DHS-CS advisory appointee is ineligible to receive a student loan repayment under this section.
(c)
CTMS policy implementing this section addresses—
(1)
Eligibility criteria;
(2)
Requirements for documenting the reason and basis for a student loan repayment provided to a DHS-CS employee;
(3)
Appropriate levels of review and approval for providing a student loan repayment;
(4)
Service agreement requirements, including minimum service periods;
(5)
Any additional limitations on student loan repayments; and
(6)
Processes for evaluating the effectiveness of student loan repayments in supporting the purpose of CTMS described in § 158.101, the purpose of the DHS-CS described in § 158.202, and the operationalization of the compensation strategy described in § 158.601.
(d)
Any student loan repayment provided under this section is excluded from the aggregate compensation limit described in § 158.604.
(e)
Any student loan repayment provided under this section is not salary under this part and is not basic pay for any purpose under 5 U.S.C. or 5 CFR.
Notes, amendments, and revision history

Authority

Authority: 6 U.S.C. 658. Subpart H also issued under 5 U.S.C. Chapters 41 and 43; 5 CFR parts 410 and 430.

Source

Source: 86 FR 47893, Aug. 26, 2021, unless otherwise noted.