5 CFR §839.612
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (a)If you are an employee, your employer can waive the time limit for making an election if you request such a waiver in writing. The employer would have to determine that you exercised due diligence, but could not make an election within the time limit because of circumstances beyond your control.
- (b)Your employer's decision not to waive the time limit under this section must be in writing and include notice of your right to request OPM to reconsider the decision.
- (c)OPM can waive the time limit for separated employees, retirees, and survivors who exercised due diligence but could not make an election because of circumstances beyond their control if a request is submitted to OPM, and OPM concludes that a waiver is justified.