---
kind: "section"
citation: "6 C.F.R. § 158.641"
title: "6"
number: "158.641"
heading: "Student loan repayments."
url: "https://uscodex.org/cfr/6/158.641"
---

# §158.641. Student loan repayments.

- (a) In alignment with the compensation strategy described in [§ 158.601](/cfr/6/158.601.md), 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](/usc/5/5379.md) and [5](/usc/5/5.md) CFR [part 537](/cfr/6/part537.md), except that:
  - (1) The maximum payment amounts under 5 U.S.C. [5379](/usc/5/5379.md) and [5](/usc/5/5.md) CFR [part 537](/cfr/6/part537.md) 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](/usc/5/5379.md) and [5](/usc/5/5.md) CFR [part 537](/cfr/6/part537.md) 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](/usc/5/5379.md) and [5](/usc/5/5.md) CFR [part 537](/cfr/6/part537.md) 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](/usc/5/5379.md) and [5](/usc/5/5.md) CFR [part 537](/cfr/6/part537.md):
  - (1) If the Department determines a DHS-CS employee's performance is unacceptable, as defined in [5 U.S.C. 4301(3)](/usc/5/4301.md?p=3), or the employee receives an unacceptable rating of record under [§ 158.804](/cfr/6/158.804.md), 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](/cfr/6/158.101.md), the purpose of the DHS-CS described in [§ 158.202](/cfr/6/158.202.md), and the operationalization of the compensation strategy described in [§ 158.601](/cfr/6/158.601.md).
- (d) Any student loan repayment provided under this section is excluded from the aggregate compensation limit described in [§ 158.604](/cfr/6/158.604.md).
- (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](/cfr/5.md).

## Notes

### 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.