5 C.F.R. § 847.106
Agency decision concerning eligibility
(a) If the agency determines that the employee is not eligible to make an election under subpart B or D of this part, it must issue a final decision to the employee.
(b) A final decision shall be in writing, shall fully set forth the findings and conclusions of the agency, and shall contain notice of the right to request an appeal provided in § 847.107.
Notes of Decisions
Cited in 3
cases (2 in the last 5 years), 2016–2026 · leading case: David Stevens v. Off. of Pers. Mgmt. (MSPB 2024).
David Stevens v. Off. of Pers. Mgmt. (MSPB 2024). “5 C.F.R. § 847.106 ; Markanich, 104 M.S.P.”
David A. Stevens v. Off. of Pers. Mgmt. (MSPB 2026). “5 C.F.R. § 847.106 . An agency’s decision to waive the time limit must also comply with the provisions of § 847.”
Alexander Kovras v. Dep't of the Air Force (MSPB 2016). “5 C.F.R. § 847.106 (a)-(b). 3 The time limits for making an election to continue NAFI retirement system coverage may be waived under certain circumstances, including a lack of notice or counseling.”
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