[Code of Federal Regulations]
[Title 5, Volume 2]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR839.612]

[Page 248]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (Continued)
 
PART 839--CORRECTION OF RETIREMENT COVERAGE ERRORS UNDER THE FEDERAL ERRONEOUS RETIREMENT COVERAGE CORRECTIONS ACT--Table of Contents
 
                      Subpart F--Making an Election
 
Sec. 839.612  Can I make a belated election?

    (a) If you are an employee, your employer can waive the time limit 
for making an election if you request such a waiver in writing. The 
employer would have to determine that you exercised due diligence, but 
could not make an election within the time limit because of 
circumstances beyond your control.
    (b) Your employer's decision not to waive the time limit under this 
section must be in writing and include notice of your right to request 
OPM to reconsider the decision.
    (c) OPM can waive the time limit for separated employees, retirees, 
and survivors who exercised due diligence but could not make an election 
because of circumstances beyond their control if a request is submitted 
to OPM, and OPM concludes that a waiver is justified.

                             FERS Elections