[Federal Register: August 17, 2007 (Volume 72, Number 159)]
[Proposed Rules]
[Page 46178-46183]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17au07-34]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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[[Page 46178]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 850
RIN 3206-AL34
Retirement Systems Modernization
AGENCY: Office of Personnel Management.
ACTION: Proposed rule.
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SUMMARY: The Office of Personnel Management (OPM) is issuing proposed
rules to authorize alternative provisions for processing retirement and
health and life insurance applications, notices, elections, and records
under the agency's Retirement Systems Modernization (RSM) project. The
RSM project is OPM's strategic e-Gov initiative to improve the quality
and timeliness of services to employees and annuitants covered by the
Civil Service Retirement System (CSRS) and the Federal Employees'
Retirement System (FERS), as well as the Federal Employees' Group Life
Insurance (FEGLI), the Federal Employees Health Benefits (FEHB) and
Retired Federal Employees Health Benefits (RFEHB) Programs, by
modernizing business processes and the technology that supports them.
Certain regulatory provisions governing the processing of benefits
under CSRS, FERS, FEGLI, FEHB and RFEHB are incompatible with the
effort to modernize retirement and insurance applications and claims
processing. Therefore, exceptions from these provisions need to be
authorized.
DATES: Comments must be received on or before September 17, 2007.
FOR FURTHER INFORMATION CONTACT: James Giuseppe, (202) 606-0299.
ADDRESSES: You may submit comments, identified by docket number and/or
RIN number by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: combox@opm.gov. Include the docket number and/or
RIN number in the subject line of the message.
Fax: (202) 606-0990.
Mail: John Panagakos, Manager, Retirement Group, Office of
Personnel Management, 1900 E Street, NW., Room 4351, Washington, DC
20415.
SUPPLEMENTARY INFORMATION:
Overview of Retirement Systems Modernization
Retirement Systems Modernization (RSM) is a strategic initiative of
the Office of Personnel Management (OPM) to improve the quality and
timeliness of services to individuals covered by the Civil Service
Retirement System (CSRS) and the Federal Employees' Retirement System
(FERS), as well as those covered by the Federal Employees' Group Life
Insurance (FEGLI), the Federal Employees Health Benefits (FEHB) and
Retired Federal Employees Health Benefits (RFEHB) Programs, by
modernizing business processes and the technology that supports them.
The RSM program will transform the retirement process, and health and
life insurance elections, by devising more efficient and effective
business systems to respond to increased customer demand for higher
levels of customer service and online self-service tools.
New Web-based tools will be available on demand for Federal
employees to plan early for their retirement and for annuitants to make
health and life insurance elections. System operators will have secure
access to Federal employees' and annuitants' information in the system,
allowing for enhanced retirement and post-retirement counseling. The
automation of claims processing will be done more efficiently and
consistently and will provide Federal employees and annuitants with
access to their retirement and insurance information that was not
previously available to them.
However, some current regulatory provisions, especially the
procedures they prescribe, are based on outdated technology. Those
provisions are suitable for a paper-based system that will eventually
cease to exist, but which will continue to operate concurrently for
some time with respect to at least some aspects of retirement and
insurance processing for some individuals.
The nature of this initiative requires regulations to accommodate
two somewhat unusual program needs. First, the regulations must allow
for the differing requirements of two retirement processing programs
operating simultaneously. Second, because the technology and procedures
of the initiative are still in development and will continue to evolve
even as the initiative becomes operational, the regulations cannot be
specific on many subjects, but must be sufficiently flexible to enable
the initiative to operate.
Accordingly, the premise underlying the regulations OPM is
proposing to promulgate in a new part 850 of title 5, Code of Federal
Regulations, to support the RSM initiative, is that current regulations
governing CSRS, FERS, FEGLI, FEHB and RFEHB will not be changed at this
time, but the provisions authorized by the new part 850 will supersede
the existing CSRS, FERS, FEGLI, FEHB and RFEHB provisions for those
portions of cases processed under the initiative. Where there is a
difference, the provisions authorized by the new part 850 will apply to
those portions of cases processed under the initiative.
Phased Implementation of RSM
Implementation of RSM will begin in February 2008. Retirement and
insurance records of current employees and annuitants will be migrated
into the new system in a series of waves. More information about the
phased implementation of the RSM system will be posted at http://www.opm.gov/rsm/index.asp
as it becomes available.
What RSM Means for Employees and Annuitants
As discussed earlier, employees and annuitants will have greater
access to their retirement and insurance information under RSM, as well
as access to web-based tools that will provide improved customer
service and allow for enhanced retirement and insurance benefits
counseling. Unless explicitly provided for in these regulations, there
is no intention to make substantive changes in provisions governing
eligibility for retirement or formulas for computing annuities.
However, the initiative's greater ability to capture and use more
detailed information will permit more precise and accurate calculation
of some aspects
[[Page 46179]]
of annuities and insurance than the less precise calculations possible
under existing procedures, as in the case of data elements that will
now be available on a pay-period or daily basis rather than an annual
basis. Accordingly, RSM will provide the most accurate computation
possible.
Subpart A--General Provisions
Subpart A of the proposed part 850 includes general provisions
governing the RSM initiative, including the purpose and scope of the
initiative, definitions of terms used in the new part 850, a
description of the applicability of its provisions, and authority for
the Director of OPM to issue implementing directives prescribing more
specific procedures for RSM processes. As noted earlier, the detailed
procedures by which the system will operate will continue to evolve
both as the February 2008 implementation date approaches and after that
date. These procedures will be at a level of detail that makes them
inappropriate for inclusion in the Code of Federal Regulations.
Therefore, Sec. 850.104 of the proposed regulations provides the OPM
Director with authority to prescribe detailed procedures to implement
the mechanical processes of RSM. The Director's authority under this
section is intended to affect only regulations governing process-
oriented requirements, such as requirements that applications, forms,
or notices be in writing. Part 850 and the Director's implementing
directives are not intended to alter any substantive rights of
employees or annuitants. In addition, part 850 and the Director's
implementing directives are not intended to supersede or alter any
functions performed by a private insurance company or carrier with
which OPM has entered into a contract, or with which OPM may enter into
a contract in the future, under chapter 87 or 89 of title 5, United
States Code, or any other statutory or regulatory provision.
Electronic Signatures
The Government Paperwork Elimination Act (GPEA), Pub. L. 105-277,
Title XVII, requires Federal agencies to allow individuals or entities
that deal with agencies the option to submit information or transact
with the agency electronically, when practicable, and to maintain
records electronically, when practicable. The Act specifically states
that electronic records and their related electronic signatures are not
to be denied legal effect, validity, or enforceability merely because
they are in electronic form, and encourages Federal government use of a
range of electronic signature alternatives. The Act also gives OMB the
authority to issue procedures for the use and acceptance of electronic
signatures by Federal agencies. OMB published final procedures and
guidance for implementing the GPEA in OMB Memorandum M-00-10, 65 FR
25508 (May 2, 2000). OMB Memorandum M-00-10 states that an agency
should perform an assessment of the sensitivity of a particular
transaction and available electronic signature technologies before it
implements electronic signature capabilities for the transaction. This
assessment must include a risk analysis and a cost-benefit analysis
concerning the use of a particular electronic signature technology for
a transaction.
Subpart A includes provisions allowing electronic communications
and electronic signatures to be accepted in lieu of currently-required
paper documents and written signatures. Section 850.106 incorporates
provisions of the GPEA concerning the acceptability of electronic
signatures and descriptions of current electronic signature technology
set out in OMB Memorandum M-00-10. However, the electronic retirement
and insurance processing system developed by RSM will not have the
capability to process all of the electronic signature technologies
described in the regulations when the system begins to operate. Section
850.106(c) provides that the Director of OPM must issue directives
under Sec. 850.104 that identify the acceptable methods of effecting
electronic signatures, from among the electronic signature technologies
that the electronic retirement and insurance processing system will be
capable of processing, for particular electronic communications. For
example, to permit an employee to apply for retirement through the
submission of an electronic retirement application on an Internet Web
site accessed with a personal identification number or password, the
Director would have to issue an implementing directive allowing an
electronic retirement application to be submitted by this method.
Through the issuance of implementing directives prescribed under Sec.
850.104, the Director could authorize the electronic retirement and
insurance processing system to accept various forms of electronic
signatures including, signatures created by personal identification
numbers (PINs) or passwords, smart cards, digitized signatures,
biometrics (e.g., fingerprints, retinal patterns, voice recognition),
or cryptographic methods such as shared symmetric key cryptography, or
public/private key (asymmetric) cryptography, also known as digital
signatures. These are simply examples of electronic signatures that the
Director of OPM would have the discretion to accept, but would not be
required to accept, in prescribing implementing directives.
Proposed Sec. 850.103 provides definitions for these and other
terms. For example, ``digitized signature'' is defined as a graphic
image of a handwritten signature containing unique biometric data
associated with the creation of each stroke of the signature. A
digitized signature can be verified by comparing it with the
characteristics and biometric data of a known or exemplar signature
image.
``Personal identification number'' (PIN) or ``password'' is defined
as a non-cryptographic method of authenticating the identity of a user
of an electronic application. To authenticate a user's identity with
this method, a user accessing an electronic application is asked to
enter his or her name, or other user identifier, and a password or PIN.
The password or PIN is known both to the user and to the electronic
system, but to no one else. The system checks the individual's password
or PIN against data in a database to ensure correctness and thereby
authenticates the user.
``Public/private key (asymmetric) cryptography'' is a method of
creating a unique mark, known as the digital signature, on an
electronic document or file. It uses two computer-generated,
mathematically-linked keys: a private signing key known only to the
user and the electronic system and a public key used to validate the
fact that the digital signature was generated with the associated
private key.
``Shared symmetric key cryptography'' is a method of authentication
in which a single (private) key, known only to the user and the
recipient of the electronic document, is used to sign and verify an
electronic document.
``Smart card'' is defined as a plastic card, resembling a credit
card, containing an embedded integrated circuit or ``chip'' that can
generate, store, or process data. A smart card can be used to
facilitate various authentication technologies that can also be
embedded on the same card. Information from the card's chip is provided
to a computer, which can accept the card only when the user also enters
a PIN, password, or biometric identifier recognized by the card.
The implementing directives prescribed by the Director under Sec.
850.104 also could specify how a
[[Page 46180]]
signature may be notarized electronically, where there is a requirement
for a notarized signature. Section 850.106(a)(4), consistent with
section 101(g) of the Electronic Signatures in Global and National
Commerce Act of 2000 (Pub. L. 106-229), provides that the Director
could accept an electronic signature as properly notarized if the
signature is attached to or logically associated with all other
information and records required to be included by the applicable
statute or regulation.
Subpart B--Applications for Benefits; Elections
Subpart B of the proposed regulations deals with applications and
notices for CSRS, FERS, FEGLI, FEHB and RFEHB benefits under the RSM
initiative and elections associated with the processing of those
benefits. It allows applications, forms, notices, elections, and other
related submissions, which otherwise would be required to be made in
writing, to be submitted in whatever form the Director of OPM
prescribes, including electronically. It also allows all such
submissions to be made to OPM through the RSM electronic processing
system, regardless of any other requirement for certain individuals to
submit certain documents to their employing agencies or OPM. Subpart B
also stipulates that, for cases processed under the RSM system, data
provided to the RSM electronic processing system under subpart C will
be the basis on which claims for CSRS, and FERS retirement benefits
will be adjudicated, and will support the administration of FEGLI, FEHB
and RFEHB coverage for annuitants. Subpart B provides a deadline of 35
days after the date of the notice to the retiring employee of the
amount of his or her annuity within which he or she can change a
survivor election. This deadline replaces provisions in current
regulations that link the timeframe for changing survivor elections to
the date of the ``first regular monthly payment'' or ``final
adjudication.'' Subpart B also provides that any deadline for making
any other election that is described in reference to the first regular
monthly payment or the date of final adjudication is deemed to be 35
days after the date of the notice to the retiring employee of the
amount of annuity to which he or she is entitled. This provision is
necessary because the terms ``first regular monthly payment'' and
``final adjudication'' can no longer be applied in the way they used to
be applied in a paper-based environment; therefore, they will lose
their meaning in the RSM context.
Subpart C--Records
Subpart C describes electronic records that are acceptable for
processing by the RSM system. These include electronic data submitted
through the Enterprise Human Resources Integration (EHRI) system and
data from electronic Official Personnel Folders (e-OPFs), as well as
paper documents that have been converted to digital form by image
scanning or other means. Paper documents that have not been converted
to electronic or digital form will continue to be acceptable records
for processing under RSM. Federal agencies and other entities employing
individuals covered by CSRS or FERS continue to be responsible for the
initiation and proper maintenance of employment, retirement, and
insurance records, as well as for correcting errors in data provided to
OPM.
Subpart D--Submission of Law Enforcement, Firefighter, and Nuclear
Materials Courier Retirement Coverage Notices
Subpart D concerns the submission of notices of coverage under the
CSRS and FERS special retirement provisions for law enforcement
officers, firefighters, and nuclear materials couriers. Such notices of
coverage must be submitted electronically through EHRI to the RSM
processing system. The notice must include the position description
number for the position for which special retirement coverage has been
approved.
E.O. 12866, Regulatory Review
This rule has been reviewed by the Office of Management and Budget
in accordance with Executive Order 12866.
Regulatory Flexibility Act
I certify that this regulation will not have a significant economic
impact on a substantial number of small entities because the regulation
will affect only Federal employees, former Federal employees, Members
of Congress, annuitants, survivors, and applicants under the Civil
Service Retirement System and the Federal Employees' Retirement System
whose retirement and insurance records are maintained by the new
retirement processing system created by OPM's Retirement Systems
Modernization (RSM) initiative.
List of Subjects in 5 CFR Part 850
Administrative practice and procedure, Air traffic controllers,
Alimony, Claims, Disability benefits, Firefighters, Government
employees, Income taxes, Intergovernmental relations, Law enforcement
officers, Pensions, Reporting and recordkeeping requirements,
Retirement.
Office of Personnel Management.
Linda M. Springer,
Director.
Accordingly, the Office of Personnel Management is proposing to
amend title 5, Code of Federal Regulations, by establishing a new part
850 as follows:
PART 850--RETIREMENT SYSTEMS MODERNIZATION
Subpart A--General Provisions
Sec.
850.101 Purpose and scope.
850.102 Applicability.
850.103 Definitions.
850.104 Implementing directives.
850.105 Agency responsibility.
850.106 Electronic signatures.
Subpart B--Applications for Benefits; Elections
850.201 Applications for benefits.
850.202 Survivor elections.
850.203 Other elections.
Subpart C--Records
850.301 Electronic records; other acceptable records.
850.302 Record maintenance.
850.303 Return of personal documents.
Subpart D--Submission of Law Enforcement, Firefighter, and Nuclear
Materials Courier Retirement Coverage Notices
850.401 Electronic notice of coverage determination.
Authority: 5 U.S.C. 8347; 5 U.S.C. 8461; 5 U.S.C. 8716; 5 U.S.C.
8913; section 9 of Pub. L. 86-724, 74 Stat. 849, 851-52 (September
8, 1960) as amended by section 102 of Reorganization Plan No. 2 of
1978, 92 Stat. 3781, 3783 (February 23, 1978).
Subpart A--General Provisions
Sec. 850.101 Purpose and scope.
(a) The purpose of this part is to enable changes needed for
implementation of the new retirement and insurance processing system
created by the Office of Personnel Management (OPM)'s Retirement
Systems Modernization (RSM) initiative. RSM is OPM's strategic
initiative to improve the quality and timeliness of services to
employees and annuitants covered by the Civil Service Retirement System
(CSRS) and the Federal Employees' Retirement System (FERS) by using
contemporary, automated business processes and supporting technology.
The RSM program is designed to transform the retirement process, as
well as the processing of annuitant insurance elections of FEGLI, FEHB
and RFEHB coverage, by employing more efficient and effective business
systems to
[[Page 46181]]
respond to increased customer demand for higher levels of customer
service and online self-service tools.
(b) The provisions of this part authorize exceptions from
regulatory provisions that would otherwise apply to CSRS and FERS
annuities and FEGLI, FEHB and RFEHB benefits processed by or at the
direction of OPM under the RSM initiative. Those regulatory provisions
that would otherwise apply were established for a paper-based
retirement and insurance benefits processing system that will
eventually be phased out but which will continue to operate
concurrently with RSM for some time, until RSM is fully implemented.
During the phased transition to RSM processing, certain regulations
that were not designed with RSM in mind, and which are incompatible
with RSM business processes, must be set aside with respect to aspects
of retirement and insurance processing accomplished under RSM. The
regulations set forth in this part make the transition to RSM processes
possible.
(c) The provisions of this part do not affect retirement and
insurance eligibility and annuity computation provisions. The
provisions for capturing retirement and insurance data in an electronic
format, however, may support, in some instances, more precise
calculations of annuity and insurance benefits than were possible using
paper records.
Sec. 850.102 Applicability.
(a) The provisions of parts 831, 835, 837 through 839, 841 through
847, 870, 890, and 891 of this chapter remain in effect, as applicable,
except to the extent that they are inconsistent with one or more
provisions of this part or implementing directives prescribed by the
Director under Sec. 850.104 of this part.
(b) The provisions of this part do not supersede or alter any
functions performed by a private insurance company or carrier with
which OPM has entered into a contract, or with which OPM may enter into
a contract in the future, under chapter 87 or 89 of title 5, United
States Code, or under any other provision of law or regulation.
Sec. 850.103 Definitions.
In this part--
Biometrics refers to the technology that converts a unique
characteristic of an individual into a digital form, which is then
interpreted by a computer and compared with a digital exemplar copy of
the characteristic stored in the computer. Among the unique
characteristics of an individual that can be converted into a digital
form are voice patterns, fingerprints, and the blood vessel patterns
present on the retina of one or both eyes.
Cryptographic control method means an approach to authenticating
identity or the authenticity of an electronic document through the use
of a cipher (i.e., a pair of algorithms) which performs encryption and
decryption.
CSRS means the Civil Service Retirement System established under
subchapter III of chapter 83 of title 5, United States Code.
Digital signature is an electronic signature generated by means of
an algorithm that ensures that the identity of the signatory and the
integrity of the data can be verified. A value, referred to as the
``private key,'' is generated to produce the signature, and another
value, known as the ``public key,'' which is linked to, but not the
same as, the private key, is used to verify the signature.
Digitized signature means a graphical image of a handwritten
signature, usually created using a special computer input device, such
as a digital pen and pad, which contains unique biometric data
associated with the creation of each stroke of the signature, such as
duration of stroke or pen pressure. A digitized signature can be
verified by a comparison with the characteristics and biometric data of
a known or exemplar signature image.
Director means the Director of the Office of Personnel Management.
Electronic communication refers to any information conveyed through
electronic means and includes electronic forms, applications,
elections, and requests submitted by e-mail or any other electronic
message.
Electronic Official Personnel Record Folder (e-OPF) means the
electronic Official Personnel Folder application that will replace the
current paper personnel folder across the Government.
Electronic retirement and insurance processing system means the new
retirement and insurance processing system created by OPM's Retirement
Systems Modernization (RSM) initiative.
Employee means an individual, other than a Member of Congress, who
is covered by CSRS or FERS.
Enterprise Human Resources Integration (EHRI) means the
comprehensive electronic personnel record-keeping and analysis system
that supports human resources management across the Federal Government.
FEGLI means the Federal Employees' Group Life Insurance Program
established under chapter 87 of title 5, United States Code.
FEHB means the Federal Employees Health Benefits Program
established under chapter 89 of title 5, United States Code.
FERS means the Federal Employees' Retirement System established
under chapter 84 of title 5, United States Code.
Member means a Member of Congress defined by section 2106 of title
5, United States Code, who is covered by CSRS or FERS.
Non-cryptographic method is an approach to authenticating identity
that relies solely on an identification and authentication mechanism
that must be linked to a specific software platform for each
application.
Personal identification number (PIN) or password means a non-
cryptographic method of authenticating the identity of a user of an
electronic application, involving the use of an identifier known only
to the user and to the electronic system, which checks the identifier
against data in a database to authenticate the user's identity.
Public/private key (asymmetric) cryptography is a method of
creating a unique mark, known as a digital signature, on an electronic
document or file. This method involves the use of two computer-
generated, mathematically-linked keys: a private signing key that is
kept private and a public validation key that is available to the
public.
RFEHB means the Retired Federal Employees Health Benefits Program
established under Pub. L. 86-724, 74 Stat. 849, 851-52 (September 8,
1960) as amended.
Shared service centers are processing centers delivering a broad
array of administrative services to multiple agencies.
Shared symmetric key cryptography means a method of authentication
in which a single key is used to sign and verify an electronic
document. The single key (also known as a ``private key'') is known
only by the user and the recipient or recipients of the electronic
document.
Smart card means a plastic card, typically the size of a credit
card, containing an embedded integrated circuit or ``chip'' that can
generate, store, or process data. A smart card can be used to
facilitate various authentication technologies that may be embedded on
the same card.
Sec. 850.104 Implementing directives.
The Director must prescribe, in the form he or she deems
appropriate, such detailed procedures as the Director determines to be
necessary to carry out the purpose of this part.
[[Page 46182]]
Sec. 850.105 Agency responsibility.
Agencies employing individuals whose retirement records or
processing are affected by this part are responsible for counseling
those individuals regarding their rights and benefits under CSRS, FERS,
FEGLI, FEHB, or RFEHB.
Sec. 850.106 Electronic signatures.
(a) Subject to any provisions prescribed by the Director under
Sec. 850.104--
(1) An electronic communication may be deemed to satisfy any
statutory or regulatory requirement under CSRS, FERS, FEGLI, FEHB or
RFEHB for a written election, notice, application, consent, request, or
specific form format;
(2) An electronic signature of an electronic communication may be
deemed to satisfy any statutory or regulatory requirement under CSRS,
FERS, FEGLI, FEHB or RFEHB that an individual submit a signed writing
to OPM;
(3) An electronic signature of a witness to an electronic signature
may be deemed to satisfy any statutory or regulatory requirement under
CSRS, FERS, FEGLI, FEHB or RFEHB for a signature to be witnessed; and
(4) Any statutory or regulatory requirement under CSRS, FERS,
FEGLI, FEHB or RFEHB that a signature be notarized may be satisfied if
the electronic signature of the person authorized to sign is attached
to or logically associated with all other information and records
required to be included by the applicable statute or regulation.
(b) For purposes of this section, an electronic signature is a
method of signing an electronic communication, including an
application, claim, or notice, designation of beneficiary, or
assignment that--
(1) Identifies and authenticates a particular person as the source
of the electronic communication; and
(2) Indicates such person's approval of the information contained
in the electronic communication.
(c) The Director will issue directives under Sec. 850.104 of this
part that identify the acceptable methods of effecting electronic
signatures for particular purposes under this part. Acceptable methods
of creating an electronic signature may include--
(1) Non-cryptographic methods, including--
(i) Personal Identification Number (PIN) or password;
(ii) Smart card;
(iii) Digitized signature; or
(iv) Biometrics, such as fingerprints, retinal patterns, and voice
recognition;
(2) Cryptographic control methods, including--
(i) Shared symmetric key cryptography;
(ii) Public/private key (asymmetric) cryptography, also known as
digital signatures;
(3) Any combination of methods described in paragraphs (1) and (2);
or
(4) Such other means as the Director may find appropriate.
Subpart B--Applications for Benefits; Elections
Sec. 850.201 Applications for benefits.
(a)(1) Applications and related submissions that otherwise would be
required by this chapter to be made in writing may instead be submitted
in such form as the Director prescribes under Sec. 850.104 of this
part.
(2) Subject to any directives prescribed by the Director under
Sec. 850.104 of this part, applications and related submissions that
are otherwise required to be made to an individual's employing agency
(other than by statute) may instead be submitted to the electronic
retirement and insurance processing system or to OPM.
(b) Data provided under subpart C are the basis for adjudicating
claims for CSRS and FERS retirement benefits, and will support the
administration of FEGLI, FEHB and RFEHB coverage for annuitants, under
this part.
(c) For the purposes of this subpart, ``OPM notice'' means the
notice informing the retiree or other individual of the annuity
computation rate and of the elections made by the retiree or other such
individual eligible to make such an election and informing him or her
of the time limit under Sec. 850.202 or Sec. 850.203 for any
election, revocation or change of election.
Sec. 850.202 Survivor elections.
(a) A survivor election under subsection (j) or (k) of section
8339, or under section 8416, 8417, or 8420 of title 5, United States
Code, which is otherwise required to be in writing may be effected in
such form as the Director prescribes under Sec. 850.104.
(b)(1) Except as provided in Sec. Sec. 831.622(b)(1), 831.631,
831.632, 842.610(b)(1), 842.611, and 842.612, an individual making a
survivor election at the time of retirement may not revoke or change
that election later than 35 days after the date of the OPM notice to
the individual of the amount of annuity to which he or she is entitled.
(2) A retiree may change a survivor election under Sec.
831.622(b)(1) or Sec. 841.610(b)(1) no later than 18 months after the
commencing date of the annuity to which he or she is entitled.
Sec. 850.203 Other elections.
(a) Any other election may be effected in such form as the Director
prescribes under Sec. 850.104. Such elections include but are not
limited to--
(1) Elections of coverage under CSRS, FERS, FEGLI, FEHB or RFEHB by
individuals entitled to elect such coverage;
(2) Applications for service credit and applications to make
deposit; and
(3) Elections regarding the withholding of State income tax from
annuity payments.
(b) Any election, which, if it were not processed under this part,
would have a deadline described in reference to the first regular
monthly payment or the date of final adjudication, may not be made
later than 35 days after the date of the OPM notice to the individual
concerned of the amount of annuity to which he or she is entitled.
Subpart C--Records
Sec. 850.301 Electronic records; other acceptable records.
(a) Acceptable electronic records for processing by the electronic
retirement and insurance processing system include--
(1) Electronic employee data submitted by an agency or other entity
through EHRI and stored within the new retirement and insurance
processing system;
(2) Electronic Official Personnel Folder (e-OPF) data; and
(3) Documents, including hardcopy versions of the Individual
Retirement Record (SF 2806 or SF 3100), or data obtained from such
documents, that are converted to an electronic or digital form by means
of image scanning or other forms of electronic or digital conversion.
(b) Documents that are not converted to an electronic or digital
form will continue to be acceptable records for processing by the
retirement and insurance processing system.
(c) OPM is not required to retain documents after they have been
converted to electronic records.
Sec. 850.302 Record maintenance.
(a) The retirement and insurance processing system does not affect
the responsibilities of every Federal department, agency, corporation
or branch, and the District of Columbia government (included
collectively in this part in the term department or agency) having
employees or Members of Congress subject to subchapter III of chapter
83 or chapter 84 of title 5, United States Code, for the initiation and
maintenance of records, evidence,
[[Page 46183]]
or other information described in this title.
(b) Agencies are responsible for correcting errors in data provided
to OPM under Sec. 850.301.
Sec. 850.303 Return of personal documents.
An individual who submits personal documents to OPM in support of a
claim for retirement or insurance benefits may have such documents
returned to the individual if he or she requests the return of the
documents when submitting the documents. If OPM receives a request for
return of such documents at a later time, OPM may provide the
individual with a copy of the document that is derived from electronic
records.
Subpart D--Submission of Law Enforcement, Firefighter, and Nuclear
Materials Courier Retirement Coverage Notices
Sec. 850.401 Electronic notice of coverage determination.
(a) An agency or other entity that submits electronic employee
records directly or through a shared service center to the electronic
retirement and insurance processing system must electronically submit
the notice of law enforcement officer, firefighter, or nuclear
materials retirement coverage required by Sec. 831.811(a), 831.911(a),
842.808(a), or 842.910(a) of this title through EHRI to the electronic
retirement and insurance processing system.
(b) The electronic notice required by paragraph (a) must include
the position description number of the position for which law
enforcement officer, firefighter, or nuclear materials courier
retirement coverage has been approved.
(c) An agency or other entity submitting an electronic notice
required by paragraph (a) must electronically submit the coverage
determination and background file required to be maintained by Sec.
831.811(b), 831.911(b), 842.808(b), or 842.910(b) to the electronic
retirement and insurance processing system for each position included
in the notice.
[FR Doc. E7-16256 Filed 8-16-07; 8:45 am]
BILLING CODE 6325-38-P