5 C.F.R. § 890.108 Waiver of requirements for continued coverage during retirement.
Title 5 - Administrative Personnel
(a) OPM may waive the eligibility requirements under 5 U.S.C. 8905(b) for health benefits coverage as an annuitant in the case of an individual who fails to satisfy such requirements if OPM, in its sole discretion, determines that, because of exceptional circumstances, it would be against equity and good conscience not to allow such individual to be enrolled as an annuitant in a health benefits plan under this part. (b) OPM may grant a waiver as described in paragraph (a) of this section to an annuitant in rare and unusual circumstances if the annuitant shows by the preponderance of the evidence that— (1) There is evidence demonstrating that the individual intended to be covered as an annuitant; (2) The circumstance(s) that prevented the completion of the requirements of 5 U.S.C. 8905(b) was (were) essentially outside the individual's control; and (3) The individual exercised due diligence in protecting the right to coverage as an annuitant. (c) OPM will not grant a waiver solely because— (1) An individual's retirement is based on disability or an involuntary separation; or (2) An individual was misadvised (or not advised) by his or her employing office regarding the requirements for continuation of health benefits coverage into retirement. [52 FR 3, Jan. 2, 1987]
Title 5: Administrative Personnel
PART 890—FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM
Subpart A—Administration and General Provisions
§ 890.108 Waiver of requirements for continued coverage during retirement.
