5 C.F.R. § 890.108

Will OPM waive requirements for continued coverage during retirement?

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(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]

Notes of Decisions

Cited in 3 cases, 1980–2008 · leading case: Levin v. Connecticut Blue Cross, Inc., 487 F. Supp. 385 (N.D. Ill. 1980).

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Levin v. Connecticut Blue Cross, Inc., 487 F. Supp. 385 (N.D. Ill. 1980). “106 are reviewable is supported by a reading of the regulation concerning judicial review, 5 C.F.R. 890.108, and OPM’s own interpretation of 5 C.”

Olson v. United States, 514 F. Supp. 355 (W.D. Ky. 1981). “5 C.F.R. Section 890.108. That same regulation provides that an action to review the legality of a decision made by OPM should be brought against OPM.”

Wonsock v. Merit Sys. Prot. Bd., 296 F. App'x 48 (Fed. Cir. 2008). · cites it 2× “5 C.F.R. § 890.108 (a) details the process by which OPM can waive an annuitant’s FEHBP eligibility requirements: .”

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