C.F.R. » Title 5 » CHAPTER I—OFFICE OF PERSONNEL MANAGEMENT › SUBCHAPTER B—CIVIL SERVICE REGULATIONS › PART 847—ELECTIONS OF RETIREMENT COVERAGE BY CURRENT AND FORMER EMPLOYEES OF NONAPPROPRIATED FUND INSTRUMENTALITIES › Subpart C—Procedures for Elections Under the Retroactive Provisions

5 C.F.R. § 847.304

Time limit

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(a) Except as provided in paragraph (b) of this section, the time limit for making an election under subpart D of this part is August 11, 1997.

(b) Because Public Law 104-106 requires that eligible employees receive timely notice of the opportunity to make the election under subpart D of this part, and that employees must be counseled concerning the election opportunity, the employing agency must waive the time limit in paragraph (a) of this section in the event that an employee did not receive such notice or counselling.

Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2024–2026 · leading case: David A. Stevens v. Off. of Pers. Mgmt. (MSPB 2026).
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David A. Stevens v. Off. of Pers. Mgmt. (MSPB 2026). · cites it 3× “4 only the Navy could waive the deadline under 5 C.F.R. § 847.304 and provided him with the Navy contact information to request a waiver.”
David Stevens v. Off. of Pers. Mgmt. (MSPB 2024). · cites it 2× “The appellant again 4 requested reconsideration and, on December 18, 2020, OPM sent him a letter informing him that, under 5 C.F.R. § 847.304 , a part of the regulations implementing PL 104-106, a NAFI agency may waive the August 11, 1997 deadline to elect NAFI service to be…”
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