[Code of Federal Regulations]
[Title 5, Volume 2]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR890.108]

[Page 441-442]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED)
 
PART 890_FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM--Table of Contents
 
             Subpart A_Administration and General Provisions
 
Sec. 890.108  Waiver of requirements for continued coverage during 
retirement.

    (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

[[Page 442]]

continuation of health benefits coverage into retirement.

[52 FR 3, Jan. 2, 1987]