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Code of Federal Regulations Title 5. Administrative Personnel § 5.890.108 Will OPM waive requirements for continued coverage during retirement?

Current as of January 02, 2025 | Updated by Findlaw Staff

(a) Under 5 U.S.C. 8905(b), OPM may waive the eligibility requirements for health benefits coverage as an annuitant for an individual when, in its sole discretion, it determines that due to exceptional circumstances it would be against equity and good conscience not to allow a person to be enrolled in the FEHB Program as an annuitant.

(b) The individual's failure to satisfy the eligibility requirements must be due to exceptional circumstances. An individual requesting a waiver must provide OPM with evidence that:

(1) The individual intended to have FEHB coverage as an annuitant (retiree);

(2) The circumstances that prevented the individual from meeting the requirements of 5 U.S.C. 8905(b) were beyond the individual's control;  and

(3) The individual acted reasonably to protect his or her right to continue coverage into retirement.

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Cite this article: FindLaw.com - Code of Federal Regulations Title 5. Administrative Personnel § 5.890.108 Will OPM waive requirements for continued coverage during retirement? - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-5-administrative-personnel/cfr-sect-5-890-108/

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