Assume that there are no additional quantum degrees of freedom (spin etc.) for the electron to have degeneracy. I also assume the problem is 1 dimensional crystal.
In that case if 1/3 of the unit cells (aka lattice spots) are occupied, the electron band is 1/3 full. If there were 1 electron in every lattice points, there wouldn't be space for electrons to fit in that band anymore (Pauli exclusion!), so they'd have to take up a different orbital (aka a different band). Since the band lattice momenta $$ka \equiv K \in -\pi \rightarrow \pi$$, that means all the states from $$ K \in -{\pi \over 3} \rightarrow {\pi \over 3}$$ are taken. The fermi energy, which is the energy of the highest state that is occupied, is the value of $$max (\epsilon(K))$$ such that $$K \in (- {\pi \over 3}, {\pi \over 3})$$, in other words, it is
$$\epsilon_F = \epsilon({\pi \over 3} = ka)$$