[Code of Federal Regulations]
[Title 5, Volume 2]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR890.108]

[Page 454]
 
                    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  Will OPM waive requirements for continued coverage during 

retirement?

    (a) Under 5 U.S.C. 8905(b), OPM may waive the eligibility 
requirements for health benefits coverage as an annuitant for an 
individual when, in its sole discretion, it determines that due to 
exceptional circumstances it would be against equity and good conscience 
not to allow a person to be enrolled in the FEHB Program as an 
annuitant.
    (b) The individual's failure to satisfy the eligibility requirements 
must be due to exceptional circumstances. An individual requesting a 
waiver must provide OPM with evidence that:
    (1) The individual intended to have FEHB coverage as an annuitant 
(retiree);
    (2) The circumstances that prevented the individual from meeting the 
requirements of 5 U.S.C. 8905(b) were beyond the individual's control; 
and
    (3) The individual acted reasonably to protect his or her right to 
continue coverage into retirement.

[72 FR 19100, Apr. 17, 2007]