[Code of Federal Regulations]
[Title 5, Volume 2]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR831.109]

[Page 85-86]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED)
 
PART 831_RETIREMENT--Table of Contents
 
             Subpart A_Administration and General Provisions
 
Sec. 831.109  Initial decision and reconsideration.

    (a) Who may file. Except as noted in paragraph (b) of this section 
any individual or agency whose rights or interests under the Civil 
Service Retirement System are affected by an initial decision of the 
Office of Personnel Management (OPM) may request OPM to review its 
initial decision.
    (b) Actions covered elsewhere. (1) A request for reconsideration of 
termination of annuity payments under 5 U.S.C. 8311-22 shall be made in 
accordance with the procedures set out in subpart K of this part.
    (2) A request for reconsideration of a decision to collect a debt 
will be made in accordance with Sec. 831.1304(b).
    (c) Initial decision. A decision shall be considered an initial 
decision when rendered by OPM in writing and stating the right to 
reconsideration.
    (d) Reconsideration. A request for reconsideration must be in 
writing, must include the individual's name, address, date of birth and 
claim number, if applicable, and must state the basis for the request.

[[Page 86]]

    (e) Time limits on reconsideration. (1) A request for 
reconsideration must be received by OPM within 30 calendar days from the 
date of the original decision.
    (2) The representative of the Associate Director for Compensation 
responsible for reconsiderations may extend the time limit for filing 
when the individual shows that he/she was not notified of the time limit 
and was not otherwise aware of it, or that he/she was prevented by 
circumstances beyond his/her control from making the request within the 
time limit.
    (f) Final decision. (1) After reconsideration, the Associate 
Director's representative shall issue a final decision which shall be in 
writing, shall fully set forth the findings and conclusions of the 
reconsideration, and shall contain notice of the right to request an 
appeal provided in Sec. 831.110. Copies of the final decision shall be 
sent to the individual, to any competing claimants and, where 
applicable, to the agency.
    (2) OPM may issue a final decision providing the opportunity to 
appeal under Sec. 831.110 rather than an opportunity to request 
reconsideration under paragraph (c) of this section. Such a decision 
must be in writing and state the right to appeal under Sec. 831.110.
    (g) Competing claimants. (1) When a competing claimant files a 
request for reconsideration under this section, the other competing 
claimants shall be notified of the request and given an opportunity to 
submit written substantiation of their claim.
    (2) When a determination in favor of one claimant would affect 
another claimant, all claimants concerned will be notified of that 
decision and those adversely affected will be given an opportunity to 
request reconsideration. OPM shall not execute its decision until the 
time limit for requesting reconsideration has expired. If 
reconsideration has been requested, OPM shall take no action after the 
reconsideration decision is rendered until the time limit to appeal has 
expired.

[45 FR 23632, Apr. 8, 1980, as amended at 49 FR 1330, Jan. 11, 1984; 50 
FR 34664, Aug. 27, 1985; 62 FR 22873, Apr. 28, 1997]