# 5 CFR § 890.108: Will OPM waive requirements for continued coverage during retirement?

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-5-890.108

## Section

- **Citation:** 5 CFR § 890.108
- **Heading:** Will OPM waive requirements for continued coverage during retirement?
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 5—Administrative Personnel > CHAPTER I—OFFICE OF PERSONNEL MANAGEMENT > SUBCHAPTER B—CIVIL SERVICE REGULATIONS > PART 890—FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM > Subpart A—Administration and General Provisions

## Text

(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]

## Nearby sections

- [5 CFR § 890.101 § 890.101 Definitions; time computations.](https://www.frixlaw.com/law-library/statutes/ecfr-5-890.101.md)
- [5 CFR § 890.102 § 890.102 Coverage.](https://www.frixlaw.com/law-library/statutes/ecfr-5-890.102.md)
- [5 CFR § 890.103 § 890.103 Correction of errors.](https://www.frixlaw.com/law-library/statutes/ecfr-5-890.103.md)
- [5 CFR § 890.104 § 890.104 Initial decision and reconsideration on enrollment.](https://www.frixlaw.com/law-library/statutes/ecfr-5-890.104.md)
- [5 CFR § 890.105 § 890.105 Filing claims for payment or service.](https://www.frixlaw.com/law-library/statutes/ecfr-5-890.105.md)
- [5 CFR § 890.106 § 890.106 Carrier entitlement to pursue subrogation and reimbursement recoveries.](https://www.frixlaw.com/law-library/statutes/ecfr-5-890.106.md)
- [5 CFR § 890.107 § 890.107 Court review.](https://www.frixlaw.com/law-library/statutes/ecfr-5-890.107.md)
- [5 CFR § 890.108 § 890.108 Will OPM waive requirements for continued coverage during retirement?](https://www.frixlaw.com/law-library/statutes/ecfr-5-890.108.md)
- [5 CFR § 890.109 § 890.109 Exclusion of certain periods of eligibility when determining continued coverage during retirement.](https://www.frixlaw.com/law-library/statutes/ecfr-5-890.109.md)
- [5 CFR § 890.110 § 890.110 Enrollment reconciliation.](https://www.frixlaw.com/law-library/statutes/ecfr-5-890.110.md)
- [5 CFR § 890.111 § 890.111 Continuation of eligibility for former Federal employees of the Civilian Marksmanship Program.](https://www.frixlaw.com/law-library/statutes/ecfr-5-890.111.md)
- [5 CFR § 890.112 § 890.112 Continuation of coverage for certain Senate Restaurants employees.](https://www.frixlaw.com/law-library/statutes/ecfr-5-890.112.md)
- [5 CFR § 890.113 § 890.113 Designation of FEHB Program services as emergency services under the Antideficiency Act.](https://www.frixlaw.com/law-library/statutes/ecfr-5-890.113.md)
- [5 CFR § 890.114 § 890.114 Surprise billing and transparency.](https://www.frixlaw.com/law-library/statutes/ecfr-5-890.114.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-5-890.108. Check the current official text before relying on it. Not legal advice.