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Under 5 CFR 537.103, each agency must establish a plan that designates the officials who are authorized to review and approve offers of student loan repayment benefits. Agencies may use approval delegations similar to those used for other recruitment, relocation, and retention incentives.
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If an employee voluntarily separates from Federal service before completing the period of service required in the applicable service agreement or violates any other condition that specifically triggers a reimbursement requirement under the agreement, he or she is obligated to reimburse the paying agency for the full amount of the loan repayment benefits provided (gross before any tax deductions from the loan payment). For example, if an employee’s agreement states that he or she will receive $10,000 per year for 3 years, and the employee leaves with 6 months remaining on the service agreement after receiving $25,000 in loan repayment benefits, the employee must reimburse the paying agency for $25,000.
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If service with the agency (for a recruitment incentive) or at the new duty station (for a relocation incentive) does not begin on the first day of a pay period, the agency must delay the service period commencement date so that a required service period begins on the first day of the first pay period beginning on or after the commencement of service in the agency or at the new duty station.
An agency also may delay a service agreement commencement date until after an employee completes an initial period of formal training or a required probationary period when continued employment in the position is contingent on successful completion of the formal training or probationary period. The agency must make the determination to pay an incentive before the employee enters on duty in the position for which recruited or to which relocated. However, the service agreement must specify that if the employee does not successfully complete the training or probationary period before the service period commences, the agency is not obligated to pay any portion of the incentive to the employee. (See 5 CFR 575.110(b) and 575.210(b).)
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Yes. All “highly qualified” personnel, regardless of job series, including Senior Executive Service members, Federal Wage System employees, and employees covered by administratively determined pay systems, are eligible unless specifically excluded by law or regulation.
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The minimum service requirement is established in statute and may not be prorated.
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No. DOD and Coast Guard NAFI employees must have a 90-day break-in-service to be eligible for a recruitment incentive upon movement to a position listed in 5 CFR 575.103 (unless one of the remaining exclusions in the definition of “newly appointed” applies).
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No, in most situations. However, under 5 CFR 575.205(e), an agency may commence a relocation incentive service agreement during a period of employment established under a service agreement for a previously authorized retention incentive or for which an employee is receiving previously authorized retention incentive payments without a service agreement.
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In addition to the information listed in 5 CFR 575.310, the service agreement must also include-
- The conditions under which the agency must terminate the service agreement under 5 CFR 575.315(g), including the conditions under which the agency will pay an additional retention incentive payment for partially completed service under 5 CFR 575.311; and
- A notification to the employee that the agency will review the determination to pay the retention incentive at least annually to determine whether payment is still warranted.
(See 5 CFR 575.315(f).)
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Agencies have several options for easing the tax liability on their employees. (See 5 CFR 537.106(a)(6) and Questions and Answers on Tax Liability.)
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