5 C.F.R. § 847.206
Time limit for making an election
(a) Except as provided in paragraph (b) of this section, the time limit for making the election is 30 days after the qualifying move.
(b) Agencies may waive the time limit if it finds that the employee was not timely given the opportunity to make the election, or, despite due diligence, was prevented by circumstances beyond his or her control from making an election within the time limit.
(c) An agency decision to waive the time limit must comply with the provisions of § 847.106, including notification of the right of appeal under § 847.107.
Notes of Decisions
Cited in 3
cases (2 in the last 5 years), 2016–2026 · leading case: David A. Stevens v. Off. of Pers. Mgmt. (MSPB 2026).
David A. Stevens v. Off. of Pers. Mgmt. (MSPB 2026). “304 (b); see also 5 C.F.R. § 847.206 (b). The regulations explicitly declare that failure to provide notice to the employee of the opportunity to elect to continue retirement coverage under subpart D is justification for waiving the time limit under section 847.”
Alexander Kovras v. Dep't of the Air Force (MSPB 2016). “348 , ¶ 6; 5 C.F.R. § 847.206 (b). The agency’s final decision regarding the employee’s eligibility to make an election is appealable to the Board.”
David Stevens v. Off. of Pers. Mgmt. (MSPB 2024). “5 C.F.R. §§ 847.206 (b), 847.302, 847.304(b).”
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