Title 5--ADMINISTRATIVE PERSONNEL
Chapter I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED)


requested by employees in the executive departments and independent establishments of the Federal Government, including Government-owned or controlled corporations, and...


requested by employees in the executive departments and independent establishments of the Federal Government, including Government-owned or controlled corporations, and...


any time, to set the effective date of his resignation, and to have his reasons for resigning entered in his official records. (b) Withdrawal of resignation. An agency...


statutory requirements for establishing and conducting an equal opportunity recruitment program consistent with law within the Federal civil service. The policy in 5...


the Office of Personnel Management which implement the above provisions of title 5, United States Code, and are prescribed by the Office under authority of 5...


a situation in which the number of women or members of a minority group within a category of civil service employment constitutes a lower percentage of the...


of Personnel Management will provide appropriate data to assist Federal agencies in making determinations of underrepresentation. The process for making such determinations...


pay systems covered by this program must conduct a continuing program for the recruitment of minorities and women for positions in the agency and its components to carry out...


program plan covering recruitment for positions at various organizational levels and geographic locations within the agency. Such plans must be available...


recruitment program, not a selection program. Nevertheless, agencies are advised that all selection processes including job qualifications, personnel procedures and criteria must...


submit an annual report on their equal opportunity recruitment program to the Office of Personnel Management, in a form prescribed by the Office. The Office may...


U.S.C. 101(2), 2011(3), 2014; 5 U.S.C. 3112; 29 U.S.C. 791(b). Source: 48 FR 193, Jan. 4, 1983, unless otherwise noted. This subpart sets forth...


[Code of Federal Regulations] [Title 5, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR720.302] [Page 10] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) PART 720_AFFIRMATIVE EMPLOYMENT PROGRAMS--Table of Contents Subpart C_Disabled Veterans Affirmative Action Program Sec. 720.302 Definition. As used in this subpart, the terms veteran and disabled veteran have the meanings given to these terms in title 38 of the United States Code. ...


instrumentality in the executive branch, including the U.S. Postal Service and the Postal Rate Commission, shall conduct a continuing affirmative program for the...


plan it prepares pursuant to section 501(b) of the Rehabilitation Act of 1973 (29 U.S.C. 791 (b)) (``Section 501(b) Plan''), each Department, agency, or instrumentality in...


year, agencies must submit an annual accomplishment report on their disabled veterans affirmative action program to the Office of Personnel Management, covering the...


Review. OPM will monitor agency program implementation through review of agency plans, direct agency contact, review of employment [[Page 12]] data, and...


[Code of Federal Regulations] [Title 5, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR720.307] [Page 12] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) PART 720_AFFIRMATIVE EMPLOYMENT PROGRAMS--Table of Contents Subpart C_Disabled Veterans Affirmative Action Program Sec. 720.307 Interagency report clearance. The reports contained in this regulation have been cleared in accordance with FPMR 101-11.11 and assigned interagency report control number 0305-OPM-AN. Subparts D-I [Reserved] ...


(a) In appointments and position changes. In determining the merit and fitness of a person for competitive appointment or appointment by noncompetitive action to...


Act of 1973 to prohibit discrimination on the basis of handicap in programs or activities conducted by Executive agencies or the United States...


[Code of Federal Regulations] [Title 5, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR723.102] [Page 16] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) Sec. 723.102 Application. This regulation (Sec. Sec. 723.101-723.170) applies to all programs or activities conducted by the agency, except for programs or activities conducted outside the United States that do not involve individuals with handicaps in the United States. ...


means services or devices that enable persons with impaired sensory, manual, or speaking skills to have an equal opportunity to participate in, and enjoy the benefits...


the extent modification of any such policies and practices is required, the agency shall proceed to make the necessary modifications. (b) The agency shall provide...


the programs or activities conducted by the agency, and make such information available to them in such manner as the head of the agency finds necessary to apprise...


subjected to discrimination under any program or activity conducted by the agency. (b)(1) The agency, in providing any aid, benefit, or service, may not, directly or...


and procedures of section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791), as established by the Equal Employment Opportunity Commission in 29 CFR part...


by individuals with handicaps, be denied the benefits of, be excluded from participation in, or otherwise be subjected to discrimination under any program or activity conducted...


usable by individuals with handicaps. This paragraph does not-- (1) Necessarily require the agency to make each of its existing facilities accessible to and usable...


altered so as to be readily accessible to and usable by individuals with handicaps. The definitions, requirements, and standards of the Architectural Barriers Act (42...


The agency shall furnish appropriate auxiliary aids where necessary to afford an individual with handicaps an equal opportunity to participate in, and enjoy the benefits of, a...


the agency. [[Page 22]] (b) The agency shall process complaints alleging violations of section 504 with respect to employment according to the...


suitability for employment in positions in the competitive service and for career appointment in the Senior Executive Service (hereinafter in this part,...


may not be used for any other purpose except as provided in a Privacy Act system of records notice published by the agency conducting the investigation. (b) Under...


in cases involving applicants for and appointees to competitive service positions in the agency (including limited, agency-specific debarment authority under...


positions in the competitive service require the person to undergo an investigation by OPM or by an agency with delegated authority from OPM to conduct...


or appointee based on any of the criteria of Sec. 731.202; (b) An agency, exercising delegated authority, may take a suitability action under this part against...


shall designate every competitive service position within the agency at a high, moderate, or low risk level as determined by the position's potential for adverse impact...


[Code of Federal Regulations] [Title 5, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR731.201] [Page 26] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) PART 731_SUITABILITY--Table of Contents Subpart B_Suitability Determinations Sec. 731.201 Standard. Subject to subpart A of this part, an applicant, appointee, or employee may be denied Federal employment or removed from a position only when the action will protect the integrity or promote the efficiency of the service. ...


the efficiency of the service, OPM, or an agency to which OPM has delegated authority, shall make its determination on the basis of the specific factors in paragraph (b) of...


one or more of the following: (1) Cancellation of eligibility; (2) Denial of appointment; (3) Removal; (4) Cancellation of reinstatement eligibility; ...


OPM, in its discretion, may deny that person examination for, and appointment to, a competitive service position for a period of not more than 3 years from the date...


or appointee unsuitable for reasons listed in Sec. 731.202, the agency may deny that person examination for, and appointment to, all, or specific,, positions within...


proposes to take, or instructs an agency to take, a final suitability action against an applicant, appointee or employee. (b) Definition. In this subpart, days mean...


``respondent'') in writing of the proposed action and of the charges against the respondent (including the availability for review, upon request, of the...


furnish documentation and/or affidavits in support of the response. A respondent who is an employee may also answer orally. The respondent may be represented by a representative...


for the decision. The employing agency shall remove the appointee or employee from the rolls within 5 work days of receipt of OPM's final decision. The respondent shall also...


[Code of Federal Regulations] [Title 5, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR731.401] [Page 28] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) PART 731_SUITABILITY--Table of Contents Subpart D_Agency Suitability Action Procedures Sec. 731.401 Scope. (a) Coverage. This subpart sets forth the procedures to be followed when an agency proposes to take a final suitability action against an applicant or appointee. (b) Definition. In this subpart, days mean calendar days. ...


``respondent'') reasonable notice in writing of the proposed action and of the charges against the respondent (including the availability for review, upon request, of...


[Code of Federal Regulations] [Title 5, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR731.403] [Page 28] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) PART 731_SUITABILITY--Table of Contents Subpart D_Agency Suitability Action Procedures Sec. 731.403 Answer. A respondent may answer the charges in writing and furnish documentation and/or affidavits in support of the response. ...


for the decision. The respondent shall also be informed that an adverse decision can be appealed in accordance with subpart E of this part. The employing agency shall remove...


Board. An individual who has been found unsuitable for employment may appeal the determination to the Merit Systems Protection Board. If the Board finds that one or...


way as to affect any administrative proceeding pending on January 29, 2001. An administrative proceeding is deemed to be pending from the date of the agency or OPM ``notice of...


observe for determining national security positions pursuant to Executive Order 10450--Security Requirements for Government Employment (April 27, 1953), 18 FR 2489, 3...


includes: (1) Those positions that involve activities of the Government that are concerned with the protection of the nation from foreign aggression...


For purposes of this part, the head of each agency shall designate, or cause to be designated, any position within the department or agency the occupant of which could bring about,...


A waiver of the preappointment investigative requirement contained in section 3(b) of Executive Order 10450 for employment [[Page 30]] in a...


Special-Sensitive or Critical-Sensitive under this part shall be subject to periodic reinvestigation of a scope prescribed by OPM 5 years after placement, and at...


on an OPM investigation, or when an agency, as a result of information in an OPM investigation, changes a tentative favorable placement or clearance decision to...


conducting an investigation under E.O. 10450 is required to notify OPM when the investigation is initiated. [[Page 31]] (b) In accordance with section 14(c)...


A former employee who was terminated, or who resigned while charges were pending, from a department or agency of the Government under a statute or executive order...


person officially on behalf of a candidate, a campaign, a political party, or a partisan political group, but does not include ministerial activities which precede or follow...


Employees in the Criminal Division in the Department of Justice (except employees appointed by the President, by and with the advice and consent of the Senate) specifically are...


does not apply to an individual who is employed in an agency or position described in Sec. 733.105(a), unless that individual has been appointed by the President, by and with...


does not apply to an individual who is employed in an agency or position described in Sec. 733.105(a), unless that individual has been appointed by the President, by and...


and positions. (a) This section applies to employees who reside in designated localities and are employed in the following agencies or positions: (1)...


and positions. (a) This section does not apply to individuals who have been appointed by the President, by and with the advice and consent of the Senate,...


Virginia and in the immediate vicinity of the District of Columbia, or a municipality in which the majority of voters are employed by the Government of the United States,...


to come into possession of something from a person officially on behalf of a candidate, a campaign, a political party, or a partisan political group, but does not include...


authority to investigate allegations of political activity prohibited by the Hatch Act Reform Amendments of 1993, as implemented by 5 CFR part 734, prosecute...


organizations. (a) In order to qualify under this part, each multicandidate political committee of a Federal labor organization must provide to the Office...


be imposed upon employees covered under this regulation except: (a) Employees who are appointed by the President by and with the advice and consent of the...


[Code of Federal Regulations] [Title 5, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR734.201] [Page 39] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) PART 734_POLITICAL ACTIVITIES OF FEDERAL EMPLOYEES--Table of Contents Subpart B_Permitted Activities Sec. 734.201 Exclusion from coverage. This subpart does not apply to employees in the agencies and positions described in subpart D of this part. ...


[Code of Federal Regulations] [Title 5, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR734.202] [Page 39] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) PART 734_POLITICAL ACTIVITIES OF FEDERAL EMPLOYEES--Table of Contents Subpart B_Permitted Activities Sec. 734.202 Permitted activities. Employees may take an active part in political activities, including political management and political campaigns, to the extent not expressly prohibited by law and this part. ...


(a) Express his or her opinion privately and publicly on political subjects; (b) Be politically active in connection with a question which is not specifically identified with...


(a) Be a member of a political party or other political group and participate in its activities; (b) Serve as an officer of a political party or other political group, a member...


Sec. 734.306, an employee may: (a) Display pictures, signs, stickers, badges, or buttons associated with political parties, candidates for partisan political office,...


vote in any election; (b) Act as recorder, watcher, challenger, or similar officer at polling places; (c) Serve as an election judge or clerk, or in a similar...


independent candidate in a partisan election covered by 5 CFR part 733; and (b) Run as a candidate in a nonpartisan election. Example 1: An employee who is a candidate...


to a political party, political group, campaign committee of a candidate for public office in a partisan election and multicandidate political committee of a...


[Code of Federal Regulations] [Title 5, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR734.301] [Page 42] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) PART 734_POLITICAL ACTIVITIES OF FEDERAL EMPLOYEES--Table of Contents Subpart C_Prohibited Activities Sec. 734.301 Exclusion from coverage. This subpart does not apply to employees in the agencies and positions described in subpart D of this part. [[Page 43]] ...


his or her official authority or influence for the purpose of interfering with or affecting the result of an election. (b) Activities prohibited by paragraph (a) of this...


accept or receive a political contribution from another person, except under the circumstances specified in Sec. 734.208(b); (b) Personally solicit...


[Code of Federal Regulations] [Title 5, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR734.304] [Page 43] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) PART 734_POLITICAL ACTIVITIES OF FEDERAL EMPLOYEES--Table of Contents Subpart C_Prohibited Activities Sec. 734.304 Candidacy for public office. An employee may not run for the nomination or as a candidate for election to partisan political office, except as specified in Sec. 734.207. ...


(a) An employee may not knowingly solicit or discourage the participation in any political activity of any person who has an application for any compensation...


or building occupied in the discharge of official duties, or using a Federal vehicle. (a) An employee may not participate in political activities subject to...


subpart who is the spouse or family member of either a candidate for partisan political office, candidate for political party office, or candidate for public office in...


the following agencies and positions: (1) The Federal Election Commission; (2) The Federal Bureau of Investigation; (3) The Secret Service; (4) The...


covered under this subpart retains the right to participate [[Page 46]] in any of the following political activities, as long as such activity is not...


subpart retains the right to: (a) Register and vote in any election; (b) Take an active part, as a candidate or in support of a candidate, in a nonpartisan...


covered under this subpart retains the right to: (1) Participate in the nonpartisan activities of a civic, community, social, labor, or professional organization, or of...


under this subpart who is the spouse or family member of either a candidate for partisan political office, or a candidate for political party office, may appear in photographs...


any room or building occupied in the discharge of official duties, or using a Federal vehicle; prohibition. (a) An employee covered under this subpart may not...


this subpart may not use his or her official authority or influence for the purpose of interfering with or affecting the result of...


An employee covered under this subpart may not take an active part in political management or in a political campaign, except as permitted by subpart D...


An employee covered under this subpart may not: (a) Serve as an officer of a political party, a member of a national, State, or local committee of a political party, an officer...


An employee covered under this subpart may not: (a) Solicit, accept, or receive political contributions; or (b) Organize, sell tickets to, promote, or actively participate in...


An employee covered under this subpart may not: (a) Take an active part in managing the political campaign of a candidate for partisan political office or a candidate for...


under this subpart may not: (a) Be a candidate for partisan political office; (b) Act as recorder, watcher, challenger, or similar officer at polling places...


(a) An employee of the Federal Election Commission may not request or receive from, or give to, an employee, a Member of Congress, or an officer of a uniformed service a...


President Sec. 734.501 Permitted and prohibited activities. Except as otherwise specified in this part 734, employees who are...


President Sec. 734.502 Participation in political activity while on duty, in uniform, in any room or building occupied in the discharge of...


President Sec. 734.503 Allocation and reimbursement of costs associated with political activities. (a) The costs associated with...


President Sec. 734.504 Contributions to political action committees through voluntary payroll allotments prohibited. An employee...


An employee who works on an irregular or occasional basis or is a special Government employee as defined in 18 U.S.C. 202(a) is subject to the provisions of the...


set forth in subparts A through G of this part, there are a number of statutes and Executive orders that establish standards to which the political activity of...


offering anything of value in consideration of the use or promise of use of influence to procure appointive office (18 U.S.C. 210). (b) The prohibition...


than the General Accounting Office) as defined by 5 U.S.C. 105, the Postal Service, and the Postal Rate Commission. Employee means any officer or employee of an...


subpart B of this part may be cause for disciplinary action by [[Page 53]] the employee's agency, which may be in addition to any penalty prescribed...


conduct in subpart B of this part, an employee shall comply with the standards of ethical conduct in 5 CFR part 2635, as well as any supplemental regulation issued by the...


duty for the Government, an employee shall not conduct, or participate in, any gambling activity including the operation of a gambling device, conducting a lottery or pool,...


or without compensation, engage in teaching, lecturing, or writing for the purpose of the preparation of a person or class of persons for an examination of the Office...


[Code of Federal Regulations] [Title 5, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR735.203] [Page 53] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) PART 735_EMPLOYEE RESPONSIBILITIES AND CONDUCT--Table of Contents Subpart B_Standards of Conduct Sec. 735.203 Conduct prejudicial to the Government. An employee shall not engage in criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct, or other conduct prejudicial to the Government. ...


for personnel investigations conducted by OPM, and for those conducted under delegated authority from OPM. The requirements of this part apply to suitability...


information is requested, whether in person or by telephone, of the purpose for which the information is being sought and of the uses that may be made of the information....


will be kept confidential, the investigative agency and all other agencies that receive information obtained under the promise are required to take all reasonable...


the Privacy Act and the Freedom of Information Act and are made available to requesters in accordance with the provisions of those Acts. [[Page 55]] (b)...


law, the investigation of persons entering or employed in the competitive service, or by career appointment in the Senior Executive Service, is the responsibility...


This subpart incorporates the principal statutory requirements for suspensions for 14 days or less, found in subchapter II of chapter 75 of title 5, United...


days or less. (b) Employees covered. This subpart covers: (1) An employee in the competitive service who has completd a probationary or trial period; (2)...


set forth in 5 U.S.C. 7503(a). (b) An agency may not take a suspension against an employee on the basis of any reason prohibited by 5...


is proposed under this subpart is entitled to the procedures provided in 5 U.S.C. 7503(b). (b) Notice of proposed action. The notice of proposal shall inform...


Less Sec. 752.301 Principal statutory requirements. This subpart incorporates the principal statutory requirements in subchapter II of chapter 75...


(a) Adverse actions covered. This subpart applies to the following actions: (1) Removals; (2) Suspensions for more than 14 days, including...


(a) Day means a calendar day. (b) Current continuous employment means a period of employment or service immediately preceding an adverse action in the same or...


action. (a) An agency may take an adverse action, including a performance- based adverse action, under this subpart only such cause as will promote the efficiency of...


(a) Statutory entitlements. An employee against whom action is proposed under this subpart is entitled to the procedures provided in 5 U.S.C. 7513(b). (b)...


rights. (a) Appeal rights. Under the provisions of 5 U.S.C. 7513(d), an employee against whom an action is taken under this subpart is entitled to appeal to...


The agency shall maintain copies of the items specified in 5 U.S.C. 7513(e) and shall furnish them upon request as required by...


This subpart sets forth for the benefit of the user the statutory requirements of subchapter V of Chapter 75 for suspension for more than 14 days and...


FR 34624, Sept. 14, 1987, unless otherwise noted. (a) Adverse actions covered. This subpart applies to suspensions for more than 14 days and removals from the civil...


Career appointee, limited term appointee, and limited emergency appointee have the meaning given in 5 U.S.C. 3132(a). Day means calendar day. Suspension...


(a) An agency may take an adverse action under this subpart only for reasons of misconduct, neglect of duty, malfeasance., or failure to accept a directed reassignment or to accompany...


The procedures provided in 5 U.S.C. 7543(b) apply to any appointee covered by this subpart. (b) Notice of proposed action. (1) The notice of proposed action...


5 U.S.C. 7543(d), a career appointee against whom an action is taken under this subpart is entitled to appeal to the Merit Systems Protection Board. (b) A limited term...


shall maintain copies of the adverse action record items specified in 5 U.S.C. 7543(e) and furnish them upon request as required by that subsection. ...


former regulations under this part must remain in effect until the system is either modified by the agency or replaced with another dispute resolution...


employees and applicants for employment who prevail in an initial decision issued by the Merit Systems Protection Board (MSPB) as required by the Whistleblower Protection Act of...


the appeal results in an initial decision by an MSPB administrative judge granting interim relief under 5 U.S.C. 7701(b)(2)(A) and a petition for review of the initial...


Statutory requirements. Sections 290dd-1 and 290ee-1 of 42 United States Code, provide that the Office of Personnel Management shall be responsible...


General. It is the policy of the Federal Government to offer appropriate prevention, treatment, and rehabilitation programs and services for Federal...


Coverage. This part applies to all positions in Executive agencies as defined in section 105 of title 5 of the United States Code, and to those positions in...


Responsibilities of the Office of Personnel Management. OPM shall provide overall leadership for the Government-wide alcoholism and drug abuse program in...


Agency responsibilities. (a) Agencies shall establish and administer programs through which practitioners who are knowledgeable in counseling and referral...


Legislation and to Whom Does It Apply? Sec. 792.200 What are the benefits of the child care subsidy program law? Source: 68 FR 14128, Mar. 24, 2003,...


Legislation and to Whom Does It Apply? Sec. 792.201 What is the purpose of the child care subsidy program law? The law is intended to make child care...


Legislation and to Whom Does It Apply? Sec. 792.202 Do agencies have any notification responsibilities before initiating a child care subsidy program and when...


Legislation and to Whom Does It Apply? Sec. 792.203 What materials are available to assist agencies with the process of establishing a child care...


Legislation and to Whom Does It Apply? Sec. 792.204 Are there any special reporting and oversight requirements related to the child care subsidy...


Legislation and to Whom Does It Apply? Sec. 792.205 Which agency funds may be used for the purpose of the child care subsidy program? Agencies...


Legislation and to Whom Does It Apply? Sec. 792.206 Are agencies required to participate in this program? Agencies are not required to participate in...


Legislation and to Whom Does It Apply? Sec. 792.207 When does the child care subsidy program law become effective and how may agencies take advantage of...


Legislation and to Whom Does It Apply? Sec. 792.208 What is the definition of executive agency? The term executive agency is defined by section 105 of...


Legislation and to Whom Does It Apply? Sec. 792.209 What is the definition of child care subsidy program? The term child care subsidy program, for...


Legislation and to Whom Does It Apply? Sec. 792.210 What is the definition of civilian employee? The term civilian employee, for the purposes of...


Legislation and to Whom Does It Apply? Sec. 792.211 What is the definition of a Federally sponsored child care center? The term Federally...


Legislation and to Whom Does It Apply? Sec. 792.212 What is the definition of a child care contractor? Section 630 of Public Law 107-67 provides that...


Legislation and to Whom Does It Apply? Sec. 792.213 What is the definition of a child for the purposes of this subpart? For the purposes of...


Legislation and to Whom Does It Apply? Sec. 792.214 Which children are eligible for this subsidy? The law covers the children of Federal employees,...


Legislation and to Whom Does It Apply? Sec. 792.215 What is the definition of a child with disabilities? For the purpose of this subpart, a child...


Legislation and to Whom Does It Apply? Sec. 792.216 Are Federal employees with children who are enrolled in summer programs and part-time programs eligible for...


Legislation and to Whom Does It Apply? Sec. 792.217 Are part-time Federal employees eligible for the child care subsidy program? Federal employees...


Legislation and to Whom Does It Apply? Sec. 792.218 Does the law apply only to on-site Federal child care centers that are utilized by Federal families? ...


Legislation and to Whom Does It Apply? Sec. 792.219 Are agencies required to negotiate with their Federal labor organizations concerning the implementation of...


Legislation and to Whom Does It Apply? Sec. 792.220 What are the requirements that child care providers must meet in order to participate in this program? ...


Legislation and to Whom Does It Apply? Sec. 792.221 Is there a statutory cap on the amount or the percentage of child care costs that will be subsidized? ...


Legislation and to Whom Does It Apply? Sec. 792.222 What is the definition of a lower income Federal employee and how is the amount of the child care...


Legislation and to Whom Does It Apply? Sec. 792.223 Who determines if a Federal employee qualifies as a lower income employee and how is the...


Legislation and to Whom Does It Apply? Sec. 792.224 Are child care subsidies paid to the Federal employee using the child care? Agencies must pay...


Legislation and to Whom Does It Apply? Sec. 792.225 May an agency disburse funds to an organization that administers the child care subsidy program prior to the...


Legislation and to Whom Does It Apply? Sec. 792.226 How may an agency disburse funds to a Federally sponsored child care center in a multi-tenant...


Legislation and to Whom Does It Apply? Sec. 792.227 How long will the child care subsidy program be in effect for a Federal employee? The child...


Legislation and to Whom Does It Apply? Sec. 792.228 May these funds be used for children of Federal employees who are already enrolled in child care? ...


Legislation and to Whom Does It Apply? Sec. 792.229 May an agency place restrictions or requirements on the use of these funds, and may the agency restrict...


Legislation and to Whom Does It Apply? Sec. 792.230 May an agency use appropriated funds to improve the physical space of the family child care homes or child...


Legislation and to Whom Does It Apply? Sec. 792.231 Is an agency permitted to make advance child care subsidy program payments for an individual...


III of chapter 83 of title 5, United States Code, and of all matters directly or indirectly concerned with these adjudications. (b) In the adjudication of claims...


or judicial, and the District of Columbia Government (included in this part collectively in the term department or agency) having employees or Members of...


action on all claims for annuity or refund, and those pertaining to deceased employees, deceased Members, or deceased annuitants. (b) When the records of the department...


subchapter III of chapter 83 of title 5, United States Code, shall be filed with OPM and shall be on forms prescribed by OPM. (b) Applications to make deposit for...


the month. Interest is computed for the actual calendar time involved in each case, but whenever applicable the rule of average applies. (b) Interest is allowed on...


containing the following types of information: (i) Documentation of Federal service subject to the Civil Service Retirement System. (ii) Documentation of...


action or event after which the designated period of time begins to run is not included. The last day of the period is included unless it is a Saturday, a Sunday, or a...


of this section any individual or agency whose rights or interests under the Civil Service Retirement System are affected by an initial decision of the Office of...


rights or interests under the Civil Service Retirement System (Subchapter III of chapter 83, title 5, United States Code) are affected by a final decision of the representative...


some or all of an employee deduction under 5 U.S.C. 8334(a) for any pay period, the agency is still responsible for submitting the correct agency contribution to OPM....


deposit or redeposit. A person may make a deposit or redeposit under section 8334 of title 5, United States Code, if he or she is an ``employee.'' For purposes of this paragraph,...


have attained age 18 are considered adults regardless of the age of majority in the jurisdiction in which they reside. [56 FR 45884, Sept....


function, or other workforce restructuring. (a) A ``specific designee'' is defined as a senior officer or official within an agency who has been specifically...


the Government are excluded from subchapter III of chapter 83 of title 5, United States Code: (1) Employees serving under appointments limited to one year or...


who provide food service operations for the House of Representatives can elect to continue their retirement coverage under subchapter III of chapter 83 of title 5,...


Federal Aviation Administration employees assigned to Washington National Airport or Dulles International Airport who elect to transfer to the Metropolitan Washington...


of 1995. (a) Who may elect--(1) General rule. Any individual appointed by the District of Columbia Financial Responsibility and Management Assistance Authority...


agency must submit its determination to OPM for written approval. This requirement does not apply if the employee has been [[Page 88]] employed in...


civil service retirement system before October 1, 1982. A period of honorable active service after December 31, 1956, in the Army, Navy, Marine Corps, Air Force, or Coast...


immediate annuity or dies leaving a survivor entitled to annuity is increased by the days of unused sick leave to his credit under a formal leave system. (b) An...


deductions have not been taken. Periods of creditable civilian service performed by an employee or Member after July 31, 1920, but before October 1, 1982, for...


section-- (1) Basic pay is computed at the rate of $15 per month for the first 9 months of study; $20 per month for the 10th through the 21st month of study; and $30 per...


(a) Definitions and special usages. In this section-- (1) Service in a nonappropriated fund instrumentality is any service performed by an employee that involved...


as a National Guard technician is service performed under section 709 of title 32, United States Code (or under a prior corresponding provision of law) before January...


or used to establish title to, an annuity under subchapter III of chapter 83 of title 5, United States Code, if-- (a) The employing agency exercised an explicit...


This subpart describes the procedures that employees and Members must follow in making voluntary contributions under the Civil Service Retirement System (CSRS). This subpart...


to retire under CSRS on an immediate or deferred annuity, and who has filed an application to retire that has not been finally adjudicated. Balance means the amount...


(1) Employees or Members currently subject to CSRS, and (2) Applicants for retirement. (b) Voluntary contributions may not be accepted from an employee, Member,...


Retirement and Disability Fund, an eligible individual must first apply on a form prescribed by OPM. OPM will establish a voluntary contribution account for each...


831.105. (b) Voluntary contributions begin to earn interest on the date deposited by OPM. (c) Except as provided in paragraph (d) of this section,...


the voluntary contributions, a person who has made voluntary contributions may withdraw the balance while still an employee or Member, or after separation. (b) A...


CSRS), a person may use the balance of a voluntary contribution account to purchase one of the following types of additional annuity: (1) Annuity without...


a retirement application with their agency. Former employees or Members who are eligible for retirement must file a retirement application with OPM. The application should not...


any day within a month, he is subject to automatic separation at the end of that month. The department or agency shall notify the employee of the automatic separation at least...


for retirement based on involuntary separation from the service is not entitled to an annuity under section 8336(d)(1) of title 5, United States Code, if...


Structure of Regulations on Survivor Annuities (a) This subpart explains the annuity benefits payable in the event of the death of employees, retirees, and...


to survivor annuities based on provisions in court orders or court-approved property settlement agreements. (b) Subpart T of this part contains information...


United States Code. Current spouse means a living person who is married to the employee, Member, or retiree at the time of the employee's, Member's, or...


(a) A married employee or Member retiring under CSRS will receive a fully reduced annuity to provide a current spouse annuity unless-- (1) The employee or Member, with the consent...


former spouse annuity. (a) An unmarried employee or Member retiring under CSRS may elect a fully reduced annuity or a partially reduced annuity to provide a former...


good health, who is applying for a non-disability annuity, may elect an insurable interest annuity. Spousal consent is not required, but an election under this section does...


(a) A married employee may not elect a self-only annuity or a partially reduced annuity to provide a current spouse annuity without the consent of the current spouse or a waiver...


5 or more years of reemployed annuitant service) who elects a redetermined annuity under section 8344 of title 5, United States Code, is subject to Sec. Sec. 831.611...


that the spouse's whereabouts cannot be determined. A request for waiver on this basis must be accompanied by-- (1) A judicial determination that the spouse's...


all purposes under this subpart only if the employee or Member was unmarried on the date that the annuity begins to accrue. [50 FR 20070, May 13, 1985. Redesignated at 58...


change his election of type of annuity if, not later than 30 days after the date of the first regular monthly payment, the named survivor [[Page 105]] dies or...


title 5, United States Code, or Sec. Sec. 831.682, 831.684, 831.685, or paragraph (b) of this section, an employee or Member may not revoke or change the election or name...


annuity. (a) Except as provided in paragraph (c) of this section, in cases of retirees who retired before May 7, 1985, and married after retirement but before...


(a)(1) Except as provided in paragraphs (b) and (c) of this section, when the marriage of a retiree who retired on or after May 7, 1985, terminates...


total of all current and former spouse annuities (not including any benefits based on an election of an insurable interest annuity) payable based on the service of...


7, 1985, or of a retiree who retired before May 7, 1985, but married that surviving spouse on or after November 8, 1984, or of an employee or Member who dies while serving in...


retiree, may file an application for annuity, personally or through a representative, at any time within 30 years after the death of the employee, Member, or retiree. (b)...


1984, the current spouse annuity terminates on the last day of the month before the recipient remarried before attaining age 60. (2) If a recipient of a current spouse...


unless-- (1) The surviving spouse elects to receive the reinstated current spouse annuity instead of any other payments (except any accrued but unpaid annuity...


of this section, current spouse annuities, former spouse annuities, children's survivor annuities, and survivor annuities for beneficiaries of insurable interest annuities...


Sec. Sec. 831.622, 831.631, 831.632, 831.682, 831.684, or 831.685 are not annuity overpayments and their collection is not subject to waiver. They are subject...


Sec. 831.622 or Sec. 831.685 equals the sum of the monthly differences between the annuity paid to the retiree and the annuity that would have been paid if the...


or a former spouse annuity. (a) Applicability of this section. This section applies to all retirees who are required to pay deposits under Sec. 831.631 or...


(a) Applicability of this section. This section applies to all retirees who are required to pay deposits under Sec. 831.631, Sec. 831.632, Sec. 831.682, or Sec. 831.684 and have paid...


1993, law or when the retiree has died prior to October 1, 1993. (a) If a retiree fails to make a deposit required under Sec. 831.682 or Sec. 831.684 within 60 days...


parentage conclusively establishes the paternity of a child. (2) Except as provided in paragraph (a)(1) of this section, a child born to the wife of a married person is...


an annuity. (1) For a child age 18 to 22 to be eligible to receive an annuity as a full-time student, the child must also meet all other requirements applicable to qualify for...


before February 27, 1986, is computed in accordance with the law in effect on the date when the annuity began to accrue, unless the rate of annuity is recomputed...


a notice to all retirees to inform them about the survivor annuity elections available to them, under sections 8339(j), 8339(k)(2), and 8339(o) of title 5, United...


(a) A retiree who retired before May 7, 1985, including a retiree receiving a fully reduced annuity to provide a current spouse annuity, may elect a fully reduced annuity or a...


former spouse of a retiree who retired before May 7, 1985 (or of an employee or Member who died before May 7, 1985, was employed in a position covered by CSRS at the time of death,...


7, 1985, and is not currently receiving a fully or partially reduced annuity to provide a current spouse annuity may elect a fully or partially reduced annuity to provide...


(a) Except as provided in Sec. 831.613 and paragraphs (b) and (c) of this section, a retiree who retired before May 28, 1986, was married at the time of retirement, and...


annuity of an employee or Member commences on the first day of the month after-- (1) Separation from the service; or (2) Pay ceases and the service and...


performed prior to January 1, 1969, shall be reduced by the portion of any benefits under any State retirement system to which an annuitant is entitled (or on...


section shall be used to determine the annuity for an employee who has part-time service on or after April 7, 1986. (b) Definitions. In this section-- Full-time...


annuity that includes credit for service with a nonappropriated fund instrumentality performed after December 31, 1965, based on an election under 5 CFR part 847, subpart D, is...


(a) This subpart contains regulations of the Office of Personnel Management (OPM) to supplement 5 U.S.C. 8336(c), which establishes special retirement eligibility for...


this subpart, agency head is also deemed to include the designated representative of the Secretary of Energy, except that the designated representative must be a...


determined by the Secretary of the Department of Energy to be a primary nuclear materials courier position is covered under the provisions of 5 U.S.C. 8336(c). (b)...


been determined by the Secretary of the Department of Energy to be a secondary nuclear materials courier position following 3 years of service in a primary nuclear...


a primary position must be based solely on the official position description of the position in question, and any other official description of duties and qualifications....


the burden of proof with respect to that service, and must provide the employing agency with all pertinent information regarding duties performed. (b) An...


Sec. 831.803 and Sec. 831.804, the Department of Energy will deduct and withhold from the employee's base pay the amount required under 5 U.S.C. 8334(a) for such...


of 5 U.S.C. 8335(b) apply to all nuclear materials couriers in primary and secondary positions. A mandatory separation under 5 U.S.C. 8335(b) is not an adverse action...


barred from reemployment in any position except a primary position after age 60. Service by a reemployed annuitant is not covered by the provisions of 5...


under procedures prescribed by the Board: (a) The final decision of the Department of Energy issued to an employee, former employee, or survivor as the result of a...


position, the agency head must notify OPM (Attention: Associate Director for Retirement and Insurance) stating the title of each position, the number of incumbents,...


(a) This subpart contains regulations of the Office of Personnel Management [[Page 126]] (OPM) to supplement 5 U.S.C. 8336(c), which establishes...


the head of an executive agency as defined in 5 U.S.C. 105; for the legislative branch, the Secretary of the Senate, the Clerk of the House of Representatives, or the...


has been determined by the employing agency head to be a primary law enforcement officer or firefighter position is covered under the provisions of 5 U.S.C. 8336(c). ...


has been determined by the employing agency head to be a secondary law enforcement officer or firefighter position is covered under the provisions of 5 U.S.C. 8336(c) if...


be based solely on the official position description of the position in question, and any other official description of duties and qualifications. The official documentation...


bears the burden of proof with respect to that service, and must provide the employing agency with all pertinent information regarding duties performed, including-- ...


by Sec. 831.903 and Sec. 831.904, the employing agency will deduct and withhold from the employee's base pay the amount required under 5 U.S.C. 8334(a) for...


all law enforcement officers and firefighters in primary and secondary positions. A mandatory separation under section 8335(b) is not an adverse action under part 752 of...


not barred from reemployment in any position except a primary position after age 60. Service by a reemployed annuitant is not covered by the provisions of 5...


employee, or survivor as the result of a request for determination filed under Sec. 831.906 may be appealed to the Merit Systems Protection Board under...


officer or firefighter position, each agency head must notify OPM (Attention: Associate Director for Retirement and Insurance) stating the title of each position,...


by the Metropolitan Washington Airports Authority (MWAA). (a) Who may elect. Metropolitan Washington Airports Authority (MWAA) police officers employed...


This subpart sets forth the provisions concerning employees and Members who are simultaneously covered by the Old Age, Survivors, and Disability Insurance (OASDI) tax...


respect to the tax year involved, as determined under section 230 of the Social Security Act (42 U.S.C. 430). CSRS means the Civil Service Retirement System established...


Secretary of the Senate, or the Clerk of the House of Representatives must withhold 7 percent of an employee's Federal wages to cover both the OASDI tax and the CSRS deduction....


of Representatives must submit to OPM, in accordance with instructions issued by OPM, a contribution to the CSRS equal to the amount required to be contributed for the employee...


service, if the individual is entitled, or on proper application would be entitled, to old-age benefits under title II of the Social Security Act. (b)...


5 U.S.C. 8337) of an individual who performed Federal service, if the individual is (or would on proper application be) entitled to disability payments under section 223...


[Code of Federal Regulations] [Title 5, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR831.1101] [Page 133] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) PART 831_RETIREMENT--Table of Contents Subpart K_Prohibition on Payments of Annuities Sec. 831.1101 Scope. This subpart prescribes the procedures to be followed in determining whether payment of an annuity under subchapter III of chapter 83 of title 5, United States Code, is prohibited by subchapter II of that chapter. ...


of his service, or as a survivor annuitant, has met all the requirements of subchapter III of chapter 83 of title 5, United States Code, for title to an annuity and has...


title 5, United States Code, appears to prohibit payment of annuity, he shall notify the annuitant in writing of his intention to withhold payment of the annuity. The notice shall...


receives the notice within which to submit an answer and to request a hearing. The Associate Director may extend this time limit for good cause shown. If the annuitant answers,...


subpart, unless OPM designates another presiding officer. The presiding officer shall fix the time and place of the hearing after giving due consideration to the convenience of...


affirmations; (b) Rule upon offers of proof and receive relevant evidence; (c) Fix the time and place of hearing; (d) Regulate the course of the hearing; ...


[Code of Federal Regulations] [Title 5, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR831.1108] [Page 134] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) PART 831_RETIREMENT--Table of Contents Subpart K_Prohibition on Payments of Annuities Sec. 831.1108 Witnesses. (a) Witnesses shall testify under oath or affirmation and shall be subject to cross-examination. (b) Each party is responsible for securing the attendance of his witnesses. OPM has no power of subpena in these cases. ...


exclude irrelevant or unduly repetitious evidence. (b) Each exhibit of a documentary character shall be submitted to the presiding officer, duly marked, and made a part of...


shall make and file an initial decision, a copy of which shall be served on each party or counsel by certified or registered mail. (b) The initial decision...


under Sec. 831.1105(b), may be made to OPM, with service on the other party, within 30 calendar days from the date of the decision. An appeal shall be in writing...


the Associate Director, OPM shall decide the [[Page 135]] case on the record. The record shall include the notice, answer, transcript of testimony and...


This subpart sets out the requirements an employee must meet to qualify for disability retirement, how an employee applies for disability retirement, how an agency applies for...


employee's job or work environment that enables the employee to perform the duties of the position. Reasonable accommodation may include modifying the worksite; adjusting the...


the following conditions must be met for an individual to be eligible for disability retirement: (1) The individual must have completed at least 5 years of...


and (d) of this section, an application for disability retirement is timely only if it is filed with the employing agency before the employee or Member separates from service,...


An agency must file an application for disability retirement of an employee who has 5 years of civilian Federal service when all of the following conditions are met: ...


(1) Before OPM determines whether an individual meets the basic requirements for disability retirement under Sec. 831.1203, an applicant for...


applicant's request to withdraw an employee-filed disability retirement application if it receives the withdrawal request before the employing agency has separated the...


from the Fund shall be examined under the direction of OPM at the end of 1 year from the date of disability retirement and annually thereafter until the...


earning capacity. If a disability annuitant is under age 60 on December 31 of any calendar year and his or her income from wages or self-employment or both during...


when the disability annuity stops because of recovery or restoration to earning capacity if the individual is not reemployed in a position subject to civil...


again prove that he or she meets the eligibility requirements in order to have the annuity reinstated. (b) When a recovered disability annuitant under age 62 whose...


OPM is set forth in Sec. 831.109 of this part. The right to appeal a final decision of OPM to the Merit Systems Protection Board is set forth in Sec. 831.110 of...


procedures to be followed by the Office of Personnel Management (OPM) , which are consistent with the Federal Claims Collection Standards (FCCS) (Chapter II of title...


Fund, with the exception of the collection of court-imposed judgments, amounts referred to the Department of Justice because of fraud, and amounts collected from back pay...


costs owed on a debt. [[Page 148]] Annuitant means a retired employee or Member of Congress, spouse, widower, or child receiving recurring...


tell the debtor in writing-- (1) The reason for and the amount of the debt; (2) The date on which the full payment is due; (3) OPM's policy on...


under Sec. 831.1306, or under any statutory provision providing for offset of money due the debtor from the Federal Government, or by referral to the Justice Department...


whole or in part from lump-sum retirement payment or recurring annuity payments. (b) Offset from other payments--(1) Administrative offset. (i) A debt may be...


Sec. 831.1304(a) does not result in payment in full, payment by offset, or payment in accordance with a voluntary repayment agreement or other repayment schedule acceptable...


the following conditions: (1) All processing required by Sec. 831.1304 has been completed before the debt is released. (2) A contract for collection services...


and the Justice Department's instructions, OPM will refer certain overpayments to the Justice Department for litigation. Referral for litigation will suspend...


Recovery of an overpayment from the Civil Service Retirement and Disability Fund may be waived pursuant to section 8346(b), of title 5, United States Code, when the...


commission or omission which resulted in the overpayment. The fact that the Office of Personnel Management may have been at fault in initiating an overpayment will not...


(1) It would cause financial hardship to the person from whom it is sought; (2) The recipient of the overpayment can show (regardless of his or her...


where the annuitant from whom collection is sought needs substantially all of his/her current income and liquid assets to meet current ordinary and necessary...


include rent, mortgage payments, utilities, maintenance, food, clothing, insurance (life, health and accident), taxes, installment payments, medical expenses,...


[Code of Federal Regulations] [Title 5, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR831.1406] [Page 152] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) PART 831_RETIREMENT--Table of Contents Subpart N_Standards for Waiver of Overpayments Sec. 831.1406 Waiver precluded. (a) When not granted. Waiver of an overpayment cannot be granted when-- (1) The overpayment was obtained by fraud; or (2) The overpayment was made to an estate. ...


the preponderance of the evidence that an overpayment occurred. (b) Burden of annuitant. The recipient of an overpayment must establish by substantial evidence...


noted. (a) Allotment means a specified deduction from the annuity payments due an annuitant voluntarily authorized by the annuitant to be paid to...


headquarters of any of the following organizations: (1) A labor organization recognized under Executive Order 11491, as amended; (2) An employee organization...


in the absence of compelling circumstances, shall be in whole dollars. (b) The total amount of any allotment(s) may not exceed the net monthly annuity due...


FR 45443, Dec. 19, 1986, unless otherwise noted. This subpart prescribes the procedures to be followed by a Federal agency when it requests the Office of...


[Code of Federal Regulations] [Title 5, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR831.1802] [Page 153] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) PART 831_RETIREMENT--Table of Contents Subpart R_Agency Requests to OPM for Recovery of a Debt from the Civil Service Retirement and Disability Fund Sec. 831.1802 Scope. This subpart applies to agencies, employees, and Members, as defined by Sec. 831.1803. ...


For purposes of this subpart, terms are defined as follows-- Act means the Federal Claims Collection Act of 1966 as amended by the Debt Collection Act of 1982 and implemented by...


offset. An agency may request that money payable from the Fund be offset to recover any valid debt due the United States when all of the following conditions are met: ...


non-fraud claims. (a) Where to submit the debt claim, judgment or notice of debt--(1) Creditor agencies that are not the debtor's paying agency. (i) If the...


(a) Refunds--incomplete debt claims. (1) If a creditor agency sends OPM a notice of debt or an incomplete debt claim against a refund OPM is processing...


(a) When possible, OPM will collect a creditor agency's full claim in one payment from the debtor's refund or annuity. (b) If collection must be made from an annuity...


claims. When an agency sends a claim indicating fraud, presentation of a false claim, misrepresentation by the debtor or any other party interested in the claim, or...


For the purpose of this subpart: Agreement means the Federal-State agreement contained in this subpart. Annuitant means an employee or Member retired, or a spouse,...


an application for agreement from the proper State official. The terms of the standard agreement will be Sec. Sec. 831.1903 through 831.1906 of this subpart. OPM and the State...


magnetic tape containing State tax transactions against the annuity roll once a month at the time monthly recurring payments are prepared for the United States Treasury...


and revocations from annuitants who have designated that State income tax deductions will go to the State. (b) Convert these requests on a monthly basis to...


(a) A request or revocation is effective when processed by OPM. OPM will process each request by the first day of the second month following the month in which it is received,...


manner: (a) Either party may suggest a modification of non-regulatory provisions of the agreement in writing to the other party. The other party must accept...


or decree means the order or decree of any court of any State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, the Virgin Islands...


Except as provided in Sec. Sec. 831.2007 through 2009 or in section 3716 of title 31, United States Code, on administrative offset for government claims, a...


entitled to monthly survivor annuity benefits on the death of a former employee, Member, annuitant, or survivor annuitant, the total lump-sum credit to the former employee's...


[Code of Federal Regulations] [Title 5, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR831.2004] [Page 163] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) PART 831_RETIREMENT--Table of Contents Subpart T_Payment of Lump Sums Sec. 831.2004 Amount of lump-sums. If applicable, the amount of a refund will include interest computed as described in Sec. 831.105(b). ...


signed, and witnessed,and received in OPM before the death of the designator. (b) No change or cancellation of beneficiary in a last will or testament, or in any...


beneficiary and one of the next of kin entitled makes a claim for lump- sum benefit, other next of kin entitled to share in the lump-sum benefit may designate the one who...


the lump-sum credit based on a refund application filed on or after May 7, 1985, may be made only if any current spouse and any former spouse (from whom the employee or Member...


notification requirement will be waived upon a showing that the current and/or former spouse's whereabouts cannot be determined. A request for waiver on this basis must...


instrumentality. A lump sum payment will include employee contributions and interest as provided under subpart G of part 847 of this chapter. [61 FR...


Retirement and Disability Fund and other retirement systems for Federal or District of Columbia employees when made in accordance with Federal statute for the purpose...


772.102 of this chapter does not affect the lump-sum payment of retirement contributions made to a separated employee unless it becomes effective within 31 days of...


prescribes the procedures to be followed when an employee or Member (or survivor of an employee or Member) wishes to make a deposit for service, and when a former employee...


[Code of Federal Regulations] [Title 5, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR831.2102] [Page 165] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) PART 831_RETIREMENT--Table of Contents Subpart U_Deposits for Military Service Sec. 831.2102 Scope. This subpart applies to all agencies with employees occupying positions subject to subchapter III of chapter 83 of title 5, United States Code, the United States Senate, and the United States House of Representatives. ...


is an estimate of basic pay for a period of military service, as determined by an authorized official of the Department of Defense the Department of Transportation,...


service performed before the separation on which title to civil service annuity is based: (a) An employee or Member currently occupying a position subject to...


subpart shall file an application for deposit with the appropriate office in the employing agency, or, for Members and Congressional employees, with the Secretary of the...


Secretary of the Senate shall have the employee or Member: (1) Complete an application to make deposit; (2) Provide a copy of his or her DD 214 or...


the Secretary of the Senate. (1) Deposits made to agencies, the Clerk of the House of Representatives or the Secretary of the Senate shall be collected in full...


explains the benefits available to employees and Members who elect an alternative form of annuity under section 8343a of title 5, United...


Sec. 831.2204. Current spouse annuity has the same meaning as in Sec. 831.603. Date of final adjudication means the date 30 days after the date of the...


employee or Member whose annuity entitlement commences after June 5, 1986, under any provision of subchapter III of chapter 83 of title 5, United States Code (other than...


election under Sec. 831.2203 may elect to receive his or her lump-sum credit plus an annuity computed in accordance with section 8339 of title 5, United States Code, for...


to a retiree who elects an alternative form of annuity, OPM will first compute the monthly rate of annuity otherwise payable under subchapter III of chapter 83 of title...


elects an alternative form of annuity owes a deposit or redeposit for civilian service, and elects to pay that deposit or redeposit before the date of final adjudication,...


before October 1, 1989. (a) Except as provided in paragraph (c) of this section, if the annuity of an employee or Member commences after January 3, 1988, and before...


before October 1, 1995. (a) Except as provided in paragraph (c) of this section, if the annuity of a retiree commences after December 2, 1989, and before October 1,...


not include-- (1) The amount by which the lump-sum credit attributable to service performed before the annuitant's first retirement was reduced by annuity...


enforceable debts to the Internal Revenue Service (IRS) for offset against the income tax refunds of persons owing debts to OPM. It specifies the agency procedures and...


the IRS is a debt that-- (a) Resulted from-- (1) Erroneous payments made under the Civil Service Retirement or the Federal Employees' Retirement Systems; or ...


A request for reduction of an IRS income tax refund will be made only after OPM makes a determination that an amount is owed and past-due and gives or makes a reasonable...


notify the debtor, OPM must have used a mailing address for the debtor obtained from the IRS pursuant to 26 U.S.C. 6103(m)(2) within a period of 1 year preceding the attempt...


intent. (a) Consideration of evidence. If, as a result of the Notice of Intent, OPM receives notice that the debtor will submit additional evidence or...


of this section, after OPM sends IRS notification of an individual's liability for a debt, OPM will promptly notify IRS of any change in the notification, if OPM-- ...


[Code of Federal Regulations] [Title 5, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR835.607] [Page 173] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) PART 835_DEBT COLLECTION--Table of Contents Subpart F_Collection of Debts by Federal Tax Refund Offset Sec. 835.607 Administrative charges. All administrative charges incurred in connection with the referral of the debts to the IRS will be assessed on the debt and thus increase the amount of the offset. ...


an annuitant by the Federal Government; (2) Reemployment of an annuitant by the government of the District of Columbia when the annuitant-- (i) Had been...


reemployed, excluding periods of separation and non-pay status. Annuitant means a former employee or Member who is receiving, or meets the legal requirements and has...


appointing agency must notify OPM in writing of the appointment, and provide OPM with the following information-- (1) The annuitant's name, date of birth, social security...


A former employee of a nonappropriated fund instrumentality who has made an election of retirement coverage under part 847 of this chapter will continue to be covered under the...


Sec. 837.202 or Sec. 837.403 of this part, an annuitant continues to be an annuitant throughout the period of reemployment, whether or not he or she continues to...


of a FERS annuitant who is a disability annuitant whom OPM has found recovered or restored to earning capacity prior to reemployment terminates on reemployment. (2)...


annuity is suspended when-- (1) The annuitant is appointed as a justice or judge of the United States, as defined by section 451 of title 28, United States Code; or ...


coverage under either CSRS or FERS is governed by subpart B of part 831 or subpart A of part 842 of this chapter, as is appropriate. (b) When...


subject to retirement deductions under Sec. 837.301(b)(1) of this part shall make contributions, as specified in 5 U.S.C. 8423, to the Fund, based on the...


reemployment (even though actual receipt of annuity may have been waived under 5 U.S.C. 8345(d) or 8465(a)), the pay of the reemployed annuitant shall be offset by the...


the pay of a reemployed annuitant in accordance with this subpart to OPM in the manner prescribed for the transmission of withholdings and contributions as soon as...


the reemployment is subject to annuity offset under the provisions of Sec. 837.303 of this subpart, or any similar provision of law or regulation, the amount of...


States, as defined by section 451 of title 28, United States Code, may apply for and receive payment of the annuitant's lumpsum credit, less the amount of annuity or...


[Code of Federal Regulations] [Title 5, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR837.401] [Page 179] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) PART 837_REEMPLOYMENT OF ANNUITANTS--Table of Contents Subpart D_Reemployment of Disability Annuitants Sec. 837.401 Generally. A disability annuitant may be reemployed in any position for which he or she is qualified. ...


paragraph 837.103(b) of this part, the agency should generally also advise a disability annuitant, in writing, prior to reemployment, that-- (1) Reemployment on a permanent...


disability annuitant is found recovered from disability or restored to earning capacity by OPM, OPM shall terminate the annuity as of the date of the finding, and...


FERS. When OPM reinstates the disability annuity of an individual employed in a [[Page 180]] position not subject to CSRS or FERS, the employing agency...


reemployment without title to either a supplemental annuity or a redetermined annuity under this subpart is entitled to have any retirement deductions withheld from pay...


because of reemployment under the provisions of Sec. 837.202 of this part, or any similar provision of statute or regulation in effect prior to the promulgation of...


entitled, on separation, or conversion to intermittent service, to a supplemental annuity if-- (1) The annuitant performed-- (i) At least 1 year of actual,...


entitled, on separation, or conversion to intermittent service, to a redetermined annuity if-- (i) The annuitant performed-- (A) At least 5 years of...


to recomputed Member annuities under CSRS. A member annuity benefit that is recomputed under section 8344(d)(1) of title 5, United States Code, which applies to...


(a) The redetermined annuity of a former employee of a nonappropriated fund instrumentality who elected CSRS or FERS coverage under 5 CFR part 847,...


reemployed under circumstances that provide for continuation of annuitant status during reemployment dies, death benefits are payable under CSRS or FERS as if the individual...


of this part dies while so reemployed, and the annuitant would not have been entitled to a supplemental annuity, had the separation been for reasons other than death,...


subject to the provisions of this part dies while so reemployed, and the annuitant would have been entitled to a supplemental annuity, had the separation been for...


an individual who has performed CSRS-Offset service, if the individual is entitled, or on proper application would be entitled, to old-age benefits under title II of the...


(an annuity under 5 U.S.C. 8341) based on the service of an individual who performed CSRS-Offset service, if the survivor annuitant is entitled, or on proper...


(a) An employee who meets the age and service requirements for title to a non-disability annuity under CSRS on the basis of a prior separation, but did not apply for...


the most recent separation. (a) Generally. An annuitant who has performed reemployment service after the commencing date of annuity under [[Page...


(a) Cancellation of retirement action. A separation from employment on which an application for retirement is based may only be canceled by the former employing agency...


this subpart, an election of coverage under, or annuity from, another retirement system, in lieu of CSRS or FERS coverage or annuity, or the election between...


Court Orders (a)(1) This part regulates the Office of Personnel Management's handling of court orders affecting the Civil Service Retirement System (CSRS) or...


(1) Subpart A contains information and rules of general application to all court orders directed at CSRS or FERS retirement benefits. (2) Subparts B and C of this part...


creditor means an individual who applies for benefits under CSRS or FERS based on a child abuse judgment enforcement order. Child abuse judgment enforcement order means a...


(a) Employees, retirees, and State courts may not assign CSRS and FERS benefits except as provided in this part. (b) CSRS and FERS benefits are not subject to execution,...


[Code of Federal Regulations] [Title 5, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR838.121] [Page 191] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) PART 838_COURT ORDERS AFFECTING RETIREMENT BENEFITS--Table of Contents Subpart A_Court Orders Generally Sec. 838.121 OPM's responsibilities. OPM is responsible for authorizing payments in accordance with clear, specific and express provisions of court orders acceptable for processing. ...


(a) Providing due process to the employee or retiree; (b) Issuing clear, specific, and express instructions consistent with the statutory provisions authorizing OPM...


(a) Filing a certified copy of court orders and all other required supporting information with OPM; (b) Keeping OPM advised of their current mailing...


responsible for-- (a) Raising any objections to the validity of a court order in the appropriate State court; and (b) Submitting all disputes with former spouses to...


time under Sec. Sec. 831.107 and 841.109 of this chapter apply to this part. (b)(1) Appendix A of this subpart lists the proper addresses for submitting court orders...


survivor annuities are payable on the first business day of the month following the month in which the benefit accrues. (b) In honoring and complying with a court order,...


dollar per month. Any court order that awards a former spouse a portion of an employee annuity or a former spouse survivor annuity in an amount of less than one dollar per...


(c) of this section, for court orders affecting employee annuities or awarding former spouse survivor annuities, in the event that OPM receives two or more court...


court order acceptable for processing even if the retiree and the former spouse agree that they want OPM to pay an amount different from the amount specified in the court...


these regulations are not appealable to the Merit Systems Protection Board. OPM's actions to apply these regulations are not subject to further administrative review. ...


Regulatory Structure (a) This subpart regulates the procedures that the Office of Personnel Management will follow upon the...


court orders. (a)(1) Employee annuities are subject to court orders acceptable for processing only if all of the conditions necessary for payment of the...


(a) A former spouse (personally or through a representative) must apply in writing to be eligible for a court-awarded portion of an employee annuity....


receipt of a court order acceptable for processing. (a) If OPM receives a court order acceptable for processing that is directed at an employee annuity that is in pay...


receipt of a court order not acceptable for processing. If OPM receives an application from a former spouse not based on a court order acceptable for processing, OPM...


validity of court orders. (a) An employee, separated employee, or retiree who alleges that a court order is invalid must prove the invalidity of the court order...


court orders. (a) If the employee, separated employee, retiree, or former spouse submits an amended court order pertaining to payment of a portion of the...


of payments. (a) A court order acceptable for processing is effective against employee annuity accruing beginning the first day of the second month after OPM receives...


payments. (a) Payments from employee annuities under this part will be discontinued whenever the employee annuity payments are suspended or...


payments. A former spouse portion of an employee annuity stops accruing at the earliest of-- (a) The date on which the terms of the court order...


arrearages. Specific instructions are required before OPM may pay any arrearage. Except as provided in Sec. 838.225(b), OPM will not increase a former spouse's share...


awards. If a court order acceptable for processing awards a former spouse a lump-sum amount from the employee annuity and does not state the monthly rate at which...


payment of annuities. (a) State courts lack authority to prevent OPM from paying employee annuities as required by section 8345(a) or section 8463 of title 5,...


former spouse. (a) Unless the court order acceptable for processing expressly provides otherwise, the former spouse's share of an employee annuity terminates on the...


Unless otherwise provided in the court order, when the terms of the court order or Sec. 838.621 provide for cost-of-living adjustments on the former...


service. (a)(1) The smallest unit of time that OPM will calculate in computing a formula in a court order is a month, even where the court order directs OPM to make...


awards. OPM will treat any court order that awards a former spouse a portion of an employee annuity equal to less than $12 per year as awarding the former spouse $1...


[Code of Federal Regulations] [Title 5, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR838.301] [Page 198] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) PART 838_COURT ORDERS AFFECTING RETIREMENT BENEFITS--Table of Contents Subpart C_Requirements for Court Orders Affecting Employee Annuities Sec. 838.301 Purpose and scope. This subpart regulates the requirements that a court order directed at employee annuity must meet to be a court order acceptable for processing. ...


Domestic Relations Orders. (1) Any court order labeled as a ``qualified domestic relations order'' or issued on a form for ERISA qualified domestic relations orders is not...


directed at employee annuity is not a court order acceptable for processing unless it expressly divides the employee annuity as provided in paragraph (b) of this section. ...


A court order directed at employee annuity is not a court order acceptable for processing unless it provides for OPM to pay the former spouse a portion of an employee annuity...


directed at employee annuity is not a court order acceptable for processing unless the court order provides sufficient instructions and information that OPM can compute the amount...


fraction. (a) A court order directed at employee annuity that states the former spouse's share of employee annuity as a formula, percentage, or fraction is...


and scope. Regulatory Structure (a) This subpart regulates the procedures that the Office of Personnel Management will follow...


to court orders. (a)(1) Refunds of employee contributions are subject to court orders acceptable for processing only if all of the conditions necessary for...


(a) A former spouse (personally or through a representative) must apply in writing to be eligible for a court-awarded portion of a refund of...


application. (a) Except as provided in Sec. 838.431 and paragraph (b) of this section, a court order acceptable for processing that is directed at a refund...


action on receipt of a court order acceptable for processing. (a) If OPM receives a court order acceptable for processing that is directed at a refund of employee...


on receipt of a court order not acceptable for processing. If OPM receives an application from a former spouse not based on a court order acceptable for processing,...


validity of court orders. (a) An employee or separated employee who alleges that a court order is invalid must prove the invalidity of the court order by submitting...


failures to provide required spousal notification. The interests of a former spouse with a court order acceptable for processing that is directed at a refund of...


barring payment of refunds. A court order, notice, summons, or other document that attempts to restrain OPM from paying a refund of employee contributions is...


of service. (a) The smallest unit of time that OPM will calculate in computing a formula in a court order is a month, even where the court order directs OPM...


scope. This subpart regulates the requirements that a court order directed at or barring a refund of employee contributions must meet to be a court order...


a refund of employee contributions. (a) A court order directed at a refund of employee contributions is not a court order acceptable for processing unless it...


payment to the former spouse. (a) A court order directed at a refund of employee contributions is not a court order acceptable for processing unless it provides for...


of formulas. (a) A court order directed at a refund of employee contributions is not a court order acceptable for processing [[Page 204]] unless...


of refunds. A court order barring payment of a refund of employee contributions is not a court order acceptable for processing unless-- (a) It expressly directs...


Purpose and scope. Regulatory Structure (a) This subpart regulates the meaning of terms necessary to award benefits in a court...


Identifying the retirement system. (a) To satisfy the requirements of Sec. 838.303(b)(1) or Sec. 838.502(b)(1), a court order must contain language identifying...


Distinguishing between annuities and contributions. (a) A court order using ``annuities,'' ``pensions,'' ``retirement benefits,'' or similar terms satisfies the requirements...


Prorata share. (a) Prorata share means one-half of the fraction whose numerator is the number of months of Federal civilian and military service that the employee...


Cost-of-living and salary adjustments. (a)(1) A court order that awards adjustments to a former spouse's portion of an employee annuity stated in terms such...


Computing lengths of service. (a) Sections 838.242 and 838.441 contain information on how OPM calculates lengths of service. (b) Unless the court order...


Distinguishing between formulas and fixed amounts. (a) A court order that contains both a formula or percentage instruction and a dollar amount is deemed to include the...


Types of annuity. (a) Terms that are synonymous with net annuity are-- (1) Disposable annuity; and (2) Retirement check. (b) Terms that are...


scope. Regulatory Structure (a) This subpart regulates the procedures that the Office of Personnel Management will follow upon...


spouse survivor annuity. (a) Under CSRS, payments under a court order may not exceed the amount provided in Sec. 831.641 of this chapter. (b) Under FERS,...


(a)(1) A former spouse (personally or through a representative) must apply in writing to be eligible for a former spouse survivor annuity based on a...


on receipt of a court order acceptable for processing. (a) If OPM receives a court order acceptable for processing that awards a former spouse survivor annuity based...


receipt of a court order not acceptable for processing. If OPM receives an application from a former spouse not based on a court order acceptable for processing, OPM...


validity of court orders. (a) An employee, retiree or person adversely affected by a court order who alleges that a court order is invalid must prove the...


employee and retiree election rights. (a) A court order acceptable for processing that awards a former spouse survivor annuity does not affect a retiring employee's...


of payments. (a) A former spouse survivor annuity based on a court order acceptable for processing begins to accrue in accordance with the terms of the court...


entitlement. (a) A former spouse survivor annuity (other than the FERS basic employee death benefit as defined in Sec. 843.102 of this chapter) or the right to...


current and other former spouses after termination of a former spouse's entitlement. (a) If a former spouse of a retiree loses entitlement to a former spouse...


lump-sum awards by survivor annuity. OPM will not honor court orders awarding lump-sum payments (other than the FERS basic employee death benefit as defined in Sec....


(a) OPM applies cost-of-living adjustments to all former spouse survivor annuities in pay status at the time of the adjustment and in the amount...


This subpart regulates the requirements that a court order awarding a former spouse survivor annuity must meet to be a court order acceptable...


(a) A court order awarding a former spouse survivor annuity under CSRS is not a court order acceptable for processing unless the marriage terminated on or after May...


acceptable for processing. (a) Qualifying Domestic Relations Orders. (1) Any court order labeled as a ``qualified domestic relations order'' or issued on a form for...


must expressly award a former spouse survivor annuity or expressly direct an employee or retiree to elect to provide a former spouse survivor annuity. (a) A court...


formulas in computing the designated base. (a) A court order awarding a former spouse survivor annuity is not a court order acceptable for processing unless the...


orders. (a) A court order awarding a former spouse survivor annuity is not a court order acceptable for processing if it is issued after the date of retirement...


paid by annuity reduction. (a) A court order awarding a former spouse survivor annuity is not a court order acceptable for processing unless it permits OPM to collect...


scope. Regulatory Structure (a) This subpart regulates the meaning of terms necessary to award a former spouse survivor annuity in...


retirement system. (a) To satisfy the requirements of Sec. 838.804(b)(1), a court order must contain language identifying the retirement system affected....


award of a former spouse survivor annuity. (a) To satisfy the requirements of Sec. 838.804(b)(2), a court order must specify that it is awarding a former spouse...


amount of a former spouse survivor annuity. (a) A court order that contains no provision stating the amount of the former spouse survivor annuity provides the maximum...


defined. (a) Prorata share means the fraction of the maximum survivor annuity allowable under Sec. 831.641 or Sec. 842.613 of this chapter whose numerator is...


before the death of a retiree. A court order that awards a former spouse survivor annuity is deemed to order OPM to add to the survivor annuity rate...


provide temporary awards of former spouse survivor annuities. A provision in a court order that temporarily awards a former spouse survivor annuity satisfies...


permit the former spouse to elect to receive a former spouse survivor annuity. (a) Except as provided in paragraph (b) of this section, a court order that gives...


the cost of a former spouse survivor annuity. (a) A court order that unequivocally awards a former spouse survivor annuity and directs the former spouse to pay for...


this chapter contains information about garnishment of Government payments including salaries and civil service retirement benefits. (b) Parts 294 and 297 of this chapter...


means the Associate Director for Retirement and Insurance in the OPM or an OPM official authorized to act on his or her behalf. Court order means any judgment...


entitled to a portion of an employee's retirement benefits only to the extent that the divison of retirement benefits is expressly provided for by the court order. The court...


(personally or through a representative) must apply in writing to be eligible for benefits under this subpart. No special form is required. (b) The application letter...


or OPM that may be payable at some future date is not available for payment under court orders unless all of the conditions necessary for payment of the money to the...


court order and documentation required by Sec. 838.1005 affecting the future civil service retirement benefits of an employee or Member who is living and has not applied for...


order affects employee retirement benefits: (1) The Associate Director will notify the employee, Member, or retiree that a court order has been received that appears...


respond within the 30-day notice period provided for by Sec. 838.1008, the court order will be honored in accordance with the notification. (2) When a timely response to...


(a) Payment of the lump-sum credit to a former employee or Member will be subject to the terms of any court order or decree issued with respect to any former spouse or...


apply to any employee retirement benefits regardless of the date of issuance of the court order or the date when the employee or Member retires. (2) The...


qualifying court order expressly provides otherwise, the former spouse's share of employee retirement benefits terminates on the last day of the month before the death of the...


subject to apportionment by court order only while the former employee or Member is living. Payment of apportioned amounts will be made only to the former spouse and/or...


require, OPM will publish in the Federal Register a notice of the guidelines it uses in interpreting court orders. Upon publication of the notice in the Federal Register...


[Code of Federal Regulations] [Title 5, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR838.1015] [Page 232] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) PART 838_COURT ORDERS AFFECTING RETIREMENT BENEFITS--Table of Contents Subpart J_Court Orders Affecting Civil Service Retirement Benefits Sec. 838.1015 Liability. OPM is not liable for any payment made from employee retirement benefits pursuant to a court order if such payment is made in accordance with the provisions of this subpart. ...


OPM receives two or more qualifying court orders-- (a) When there are two or more former spouses, the court orders will be honored in the order in which they were issued to...


court order apportions a percentage of the employee retirement benefit, the Associate Director will initially determine the amount of proper payment. That amount will be increased...


an amount be withheld from the retirement benefits that is less than the amount stipulated in the court order. This lower amount will be deemed a complete fulfillment of...


28, 1994, unless otherwise noted. Regulatory Structure (a) This subpart regulates the procedures that the Office of Personnel...


(a)(1) Employee annuities and refunds of employee contributions are subject to child abuse enforcement orders only if all of the conditions necessary for payment of...


provided in this part, the procedures and requirements applicable to legal process under part 581 of this chapter apply to OPM's administration of child abuse...


Erroneous Retirement Coverage Corrections Act? (a) The Federal Erroneous Retirement Coverage Corrections Act (FERCCA) is Title II of Public Law 106-265,...


Agency means an executive agency as defined in section 105 of title 5, United States Code; a legislative branch agency; a judicial branch agency; and the U.S....


to me? General Provisions (a) These rules apply to employees who had a qualifying retirement coverage error. For all purposes,...


to me because I had a qualifying retirement coverage error, can I choose which retirement plan I want to be in? The FERCCA does not provide an election opportunity...


coverage election if I received a refund of my retirement deductions after I was corrected to FERS? If your qualifying retirement coverage error was...


retirement coverage election if I withdrew all or part of my TSP account after I was corrected to FERS? (a) You may not make a retirement coverage election if...


making an election of retirement coverage under the FERCCA if I withdrew my TSP account after I retired under FERS? No, you may make an election of...


coverage election under the FERCCA if I received a payment as settlement of my claim for losses because of a qualifying retirement coverage error? You can make...


coverage error was that I was put into FERS by mistake and then, after the error was discovered, I chose my current retirement coverage, can I now make...


if my former spouse is entitled to a portion of my retirement benefits by qualifying court order? Yes, but if you want to elect FERS you need your former...


survivors include both a current spouse and a former spouse, or spouses, who are eligible for survivor annuities, must all of them consent to an election of FERS? ...


make an election under the FERCCA if I had a qualifying retirement coverage error and none of the conditions mentioned in Sec. 839.212 through Sec. 839.232 apply to me? ...


apply to me if I had multiple errors? You must be in the wrong retirement plan for at least 3 years of Federal service after December 31, 1986....


What should I do if I am not sure whether I am or was in the wrong retirement plan? (a) If you are an employee, your employer has your personnel records and will...


Will my employer give me a written explanation? (a) Your employer must provide you with written notice of the error. The notice must include an explanation of the error,...


Is my employer required to find employees with a retirement coverage error? The FERCCA requires your employer to take reasonable and appropriate measures to...


What if my employer does not notify me? (a) If your error has not previously been corrected, the 6-month time limit on making an election of retirement coverage under the...


Previously Corrected Sec. 839.401 What can I elect if I was put in CSRS or CSRS Offset by mistake? Erroneous CSRS or...


Previously Corrected Sec. 839.411 What can I elect if I was put in FERS by mistake? If you were placed in FERS due to a qualifying retirement...


Corrected Sec. 839.501 What can I elect if my employer moved me out of CSRS or CSRS Offset? Moved Out of CSRS or...


Corrected Sec. 839.511 What can I elect under the FERCCA if my employer put me into FERS by mistake and then I was not allowed to remain in FERS when...


election? General Provisions You may make your election using the form issued by OPM. If you are an employee, your employer...


don't make an election? (a) If your qualifying retirement coverage error was not previously corrected and you fail to make an election within the time limit under...


my election? Your election is irrevocable once your employer or OPM processes it. If you do not make a timely election, the resulting coverage (see Sec. 839.602)...


effective? Your election is effective on the date that the retirement coverage error first occurred. This means that your election will be retroactive, or will...


limits for making an election? (a) If your qualifying retirement coverage error was not previously corrected, you have 6 months from the date you receive notice of...


belated election? (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...


FERS election if I was in the wrong retirement plan at the time I elected FERS coverage and I have an election opportunity under the FERCCA? If you were erroneously...


FERS election if my qualifying retirement coverage error was previously corrected and I now have an election opportunity under the FERCCA? Yes, your FERS...


keep the FERS election in effect, may I change the effective date of the FERS election? No, If you decide to keep FERS, the original FERS election will...


Is it correct that even though I had a qualifying retirement coverage error under the FERCCA, I may not have a choice of retirement coverage? Under the FERCCA,...


these rules apply to me if I don't have an election right under the FERCCA, but I did have a qualifying retirement coverage error? After your retirement coverage...


Do I owe more money if I had a qualifying retirement coverage error and the employee retirement deductions for the new retirement plan are more than what I already paid? ...


If I was in CSRS during my qualifying retirement coverage error, paid into the Fund more than I would have paid as a CSRS Offset, Social Security-Only, or FERS employee, and...


If I am like the person in the previous question, but the amount I paid as deductions under CSRS is more than the amount of combined retirement deductions...


If my qualifying retirement coverage error occurred while I was a reemployed annuitant, and I am later corrected retroactively to a different retirement...


Does my employer owe more money if I had a qualifying retirement coverage error and the employer retirement contributions for my new retirement plan are more than...


Will my employer get a refund if I had a qualifying retirement coverage error and the employer retirement contributions for my new retirement plan are less than...


Who is responsible for correcting my records? (a) Your current employer will correct your records in accordance with OPM instructions. Your employer must not delay...


Which employer is responsible for submitting the employee and employer retirement deductions and contributions and correcting my records if I had ...


employer begin withholding Social Security taxes if I was erroneously in CSRS during my qualifying retirement coverage error and my corrected coverage will now...


retirement deductions be used to pay the Social Security taxes for the period of the qualifying retirement coverage error if I was erroneously placed in CSRS and did...


the Social Security taxes I erroneously paid when my employer corrects my retirement coverage to CSRS? (a) Except for the last 3 years, the money you erroneously paid...


Does the FERCCA allow me to increase my TSP account if I was in CSRS during my qualifying retirement coverage error and my correct coverage will ...


Will OPM compute the lost earnings if my qualifying retirement coverage error was previously corrected and I made TSP make-up contributions? If you...


How will OPM compute the amount of lost earnings? (a) Lost earnings will generally be computed in accordance with the Board's lost earnings regulations (5 CFR 1606...


Are lost earnings payable if I separated or if the employee died? (a) Yes. If the TSP account is not withdrawn, the lost earnings are paid to the account. ...


retirement benefits computed if I elect CSRS or CSRS Offset under this part? General Provisions Unless otherwise stated in this...


retirement benefits computed if I elect FERS under this part? OPM will compute your retirement benefit as if you were properly put in FERS on the effective date of...


coverage error started when I should have been placed under FERS automatically, but my agency put me in CSRS because I had some past service, will...


change my retirement coverage under the FERCCA, can I change the election I originally made at retirement for survivor benefits? (a) Yes, if you elect to change...


change my retirement coverage under the FERCCA, can I retroactively revoke the waiver of military retired pay I made at retirement? Yes, you...


change my retirement coverage under the FERCCA, can I change my decision about making a deposit or redeposit for civilian or military service? Yes, you...


reduce my benefit if I elect to change my retirement coverage under these rules? Your annuity may be subject to three possible actuarial reductions under...


actuarial reduction? An actuarial reduction allows you to receive benefits without having to pay an amount due in a lump sum. OPM reduces your annuity in a way that,...


of the change in my retirement coverage, I will owe larger deposits for military and civilian service credit, will I have to pay the additional deposit due or...


change my retirement coverage under the FERCCA, can I get a refund of the service credit deposit I made and receive the actuarial reduction instead? ...


be actuarially reduced because I had Government contributions in my TSP account? Retirees and survivors of deceased employees who received a Government contribution...


reduction for TSP computed? (a) The part of your TSP account on the date you retired that is Government contributions and earnings on those Government...


Actuarial Reduction for the Basic Employee Death Benefit (BEDB)? If you received a BEDB under FERS and you elect CSRS Offset under these rules, you do not have to pay...


a one-time payment of retirement contributions as a death benefit prevent me from electing CSRS Offset? You may still elect CSRS Offset if otherwise eligible. OPM...


took legal action against my employer because of a qualifying retirement coverage error, can OPM reimburse me for expenses related to my legal actions? ...


waive repayment of a monetary award I received as resolution of the harm caused me by a qualifying retirement coverage error? (a) The FERCCA allows OPM, in its...


compensate me for my losses if I did not take any legal action against my employer, but did incur some expenses because of a qualifying retirement...


basis will OPM review claims under this subpart? (a) OPM will base its decision on only the written record, including all of your submissions and other documentation in...


Director of OPM review the claims? The Associate Director for Retirement and Insurance and his or her delegatees have the authority to perform the Director's actions, as...


I submit a claim under this subpart? (a) No specific form is required. Your request must be in writing and contain the following information: (1) It must describe...


employer determines my error is not subject to these rules? (a) Your employer must provide you with a written decision. The decision must include the reason for...


decisions can I appeal? (a) You can appeal to the MSPB a decision that affects your rights and interests under this part, except an OPM decision under subpart L (see...


types of decisions that I cannot appeal? Yes, OPM's decisions under subpart L (Discretionary Actions by OPM) are final and conclusive and are not subject to administrative...


I can do if I am not satisfied with the way my error was corrected? (a) Except for claims under subpart L (see Sec. 839.1303), and after exhausting...


otherwise noted. The purpose of this subpart is to state the administrative rules governing the operations of the Federal Employees Retirement System (FERS)...


(a) This part contains the following subparts: (1) General provisions (subpart A); (2) Applications for benefits (subpart B); (3)...


the Civil Service Retirement System as described in subchapter III of chapter 83 of title 5, United States Code. FERS means the Federal Employees Retirement System as described...


for use in any subpart, as used in connection with FERS (parts 841 through 846 of this chapter), terms defined in section 8401 of title 5, United States Code, have the...


the adjudication of all claims for basic benefits arising under FERS and of all matters directly or indirectly concerned with these adjudications. (b) In the adjudication...


Members subject to FERS must establish and maintain retirement accounts for those employees and Members. (b)(1) The individual retirement record required by Sec....


[Code of Federal Regulations] [Title 5, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR841.107] [Page 257] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) PART 841_FEDERAL EMPLOYEES RETIREMENT SYSTEM_GENERAL ADMINISTRATION --Table of Contents Subpart A_General Provisions Sec. 841.107 Computation of interest. Interest, when applicable, will be computed under subpart F of this part. ...


provided in section 8461 of title 5, United States Code, OPM [[Page 258]] has in its possession or under its control records containing the following types...


time for filing documents, the day of the action or event after which the designated period of time begins to run is not included. The last day of the period is included unless it is...


otherwise noted. This subpart states the general application requirement applicable under the Federal Employees Retirement System (FERS). Specific...


under FERS, until after the claimant has applied for the benefit in the form prescribed by OPM. (b) An employee, Member, or survivor may exercise any option or make...


provided in paragraphs (b) and (c) of this section, an applicant for benefits under FERS may withdraw his or her application for benefits until a payment based on that application...


(a) A former employee is deemed to have filed an application for annuity if the former employee-- (1) Was not reemployed in a position subject to FERS under subpart A of part...


otherwise noted. (a) This subpart explains-- (1) The procedures that employees. separated employees, retirees, and survivors must follow in applying...


means an employee as defined in section 8401(11) of title 5, United States Code, and a Member as defined in section 8401(20) of title 5, United States Code. Employee includes...


applications for retirement or to make deposits or redeposits under FERS (including applications for disability retirement) and separating employees filing applications...


filing applications for retirement or refunds of contributions; survivors filing applications for death benefits based on the deaths of separated employees, retirees,...


decision under FERS is subject to reconsideration by OPM, whenever the decision is in writing and states the right to reconsideration. (b) OPM will reconsider a...


noted in paragraph (b) of this section, any individual whose rights or interests under FERS are affected by an OPM decision (under Sec. 841.305) stating the right to...


issue a final decision providing the opportunity to appeal under Sec. 841.308 rather than an opportunity to request reconsideration under Sec. 841.306. Such a decision must be...


individual whose rights or interests under FERS are affected by a final decision of OPM may request MSPB to review the decision in accord with procedures prescibed by...


applicants for survivor benefits based on the service of an employee, separated employee, or retiree when-- (1) A benefit is payable based on the service of the...


1986, unless otherwise noted. (a) The purpose of this subpart is to regulate the Government contributions to the Civil Service Retirement Fund under FERS. (b)...


an associate or fellow in the Society of Actuaries and one who is enrolled under section 3042 of [[Page 262]] Pub. L. 93-406, the ``Employee Retirement...


Normal cost percentages will be determined for each of the following groups of employees: (a) Members; (b) Congressional employees; (c)...


(OPM) will consider the factors listed below in determining normal cost percentages. To the extent data are available for the factor by specific category of...


normal cost percentage will be based on the economic assumptions determined by the Board. When an agency's case is based in whole or in part on the pattern of merit salary...


will determine the Government-wide normal cost percentage for each category of employees. These normal cost percentages will be used by all agencies that have not been granted...


(a) No later than 5 years after the publication of a current notice of normal cost percentages, OPM will publish in the Federal Register a notice that will contain updated normal...


as provided in paragraph (b) of this section and in Sec. 841.412, normal cost percentages stated in a notice of normal cost percentages under Sec. 841.407 will be effective at...


1,000 employees in the general category of employees or 500 employees in any of the special categories may appeal to the Board the normal cost percentage for that category...


an appeal, an agency head must, before expiration of the time limit, file with OPM-- (1) A letter of appeal; (2) An actuarial report; and (3) A certificate...


percentage is presumed to apply to all agencies. Any agency appealing application of a Government-wide normal cost percentage to any category of employees in its...


that a different normal cost is warranted based on an agency appeal, it will establish a single agency rate for the category of employees in that agency. (b) The...


that a different normal cost is warranted based on an agency appeal, it will establish a single agency rate for the category of employees in that agency. (b) The...
...


unless otherwise noted. This subpart regulates state income tax withholding from payments of basic benefits under the Federal Employees Retirement...


subchapter: Agreement means the Federal-State agreement contained in this subpart. Annuitant means an employee or Member retired, or a spouse, widow, or...


an agreement with any State within 120 days of an application for agreement from the proper State official. The terms of the standard agreement will be Sec. Sec. 841.1004...


performance of this agreement: (a) Process the magnetic tape containing State tax transactions against the annuity roll once a month at the time monthly recurring payments...


performance of this agreement: (a) Accept requests and revocations from annuitants who have designated that State income tax deductions will go to the State. (b)...


are also binding on the State and OPM: (a) A request or revocation is effective when processed by OPM. OPM will process each request by the first day of the...


This agreement may be modified or terminated in the following manner: (a) Either party may suggest a modification of non-regulatory provisions of the agreement in writing to...


noted. (a) This subpart contains regulations concerning automatic coverage under the Federal Employees Retirement System (FERS). References...


System as described in subchapter III of chapter 83 of title 5, United States Code; Employee means the following individuals listed in 5 U.S.C. 8401(11)...


(a) Be an employee, Member, or specifically covered by another provision of law; (b) Be covered by social security; (c) Have retirement deductions withheld from pay and...


individual not covered by social security (title II of the Social Security Act and chapter 21 of the Internal Revenue Code of 1954), including an individual covered by full...


``exclude from the operation of this chapter an employee or group of employees in or under an Executive agency, the United States Postal Service, or the Postal...


and Management Assistance Act of 1995. (a) Who may elect--(1) General rule. Any individual appointed by the District of Columbia Financial Responsibility...


Act of 1997. The following categories of employees of the District of Columbia Government are deemed to be Federal employees for FERS purposes on...


Act of 1998. Employees of the Public Defender Service of the District of Columbia are deemed to be Federal employees for FERS purposes on and after April...


This subpart regulates the statutory provisions on eligibility for nondisability retirement under the Federal Employees Retirement...


meaning given that term in Sec. 351.203 of this chapter. Minimum retirement age means an age based on an individual's year of birth,...


years of civilian service creditable under FERS to be eligibile for an annuity under this subpart, except as provided under part 846 of...


(a) An employee or Member who separates from service is entitled to an annuity-- [[Page 283]] (1) Except as provided in paragraph (d) of this...


to an annuity under Sec. 842.207 or Sec. 842.208, who separates from the service involuntarily after completing 25 years of service, or after becoming age 50...


except by removal for cause or charges of delinquency or misconduct, is entitled to an annuity-- (1) After completing 25 years of service as an air traffic...


(a) An employee who separates from service, except by removal for cause on charges of delinquency or misconduct, is entitled to an annuity-- (1) After...


expulsion, is entitled to an annuity-- (1) After completing 25 years of service; or (2) After becoming age 50 and completing 20 years of service. (b)...


defined in 5 U.S.C. 8401(30) who is separated from civilian service because of ceasing to qualify as a member of a military reserve component after reaching age 50...


and Senior Cryptologic Executive Service. (a) A member of the Senior Executive Service, the Defense Intelligence Senior Executive Service, or the Senior Cryptologic...


years of service, separates from service or transfers to a position not covered by FERS is entitled to a deferred annuity beginning on the first day of the month after...


in force, transfer of function, or other workforce restructuring. (a) A ``specific designee'' is defined as a senior officer or official within an agency who...


This subpart sets forth the provisions governing credit for service under the Federal Employees Retirement System (FERS), 5 U.S.C. 8411. Except as provided...


student or graduate nurse under a plan approved under section 2 of the Act of June 15, 1943 (57 Stat. 153). Employee means an employee as defined by 5 U.S.C. 8401(11). ...


section, no service credit is allowed for a period of separation from service. (2) Service credit is allowed for a period of separation of less than 4 days and for a period...


III of the Federal Employees' Retirement System Act of 1986, an employee or Member is entitled to credit for all purposes under FERS for a period of civilian service with...


former employees or Members. An employee or Member subject to FERS and a former employee or Member who is entitled to an annuity may make a deposit for civilian...


unless otherwise provided under title III of the Federal Employees' Retirement System Act of 1986, an employee's or Member's military service is creditable if it...


deposit. (1) An employee or Member subject to FERS may make a deposit for any distinct period of military service by filing an application in a form prescribed by OPM. (2)...


subject to FERS. (a) An employee or Member who, while currently employed, is eligible under 5 U.S.C. 8342(a) for a refund of deductions or deposits (relating...


only be included in the computation of, or used to establish title to, an annuity under chapter 84 of title 5, United States Code, if-- (a) The employing agency exercised...


Any FERS service which becomes creditable under a retirement system established for nonappropriated fund employees due to an election made under part 847 of...


[Code of Federal Regulations] [Title 5, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR842.401] [Page 294] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) PART 842_FEDERAL EMPLOYEES RETIREMENT SYSTEM_BASIC ANNUITY--Table of Contents Subpart D_Computations Sec. 842.401 Purpose. Source: 52 FR 4475, Feb. 11, 1987, unless otherwise noted. This subpart regulates the basic annuity computation under the Federal Employees Retirement System (FERS). ...


any actual service in which the employee is scheduled to work the number of hours and days required by the administrative workweek for his or her grade or class (normally...


of this section and Sec. Sec. 842.405 and 842.406, the annuity of an employee or Member is 1 percent of average pay multiplied by total service. (b) The annuity of...


under Sec. 842.204(a)(1) or Sec. 842.212(b) is reduced by five-twelfths of 1 percent for each full month by which the commencing date of annuity precedes the...


materials couriers. The annuity of an air traffic controller retiring under Sec. 842.207 or a law enforcement officer, firefighter or nuclear materials...


an employee or Member who has had at least 5 years of service as a congressional employee, Member, or any combination thereof totaling 5 years is-- (a) One and...


whose service includes part-time service is computed in accordance with Sec. 842.403, using the average pay based on the annual rate of basic pay for full-time service....


This subpart regulates the annuity supplement payable to eligible employees under sections 8421 and 8421(a) of title 5, United...


an individual's sixty-second birthday. Annuity Supplement means the monthly benefit described in Sec. 842.504. Applicable exempt amount and earnings have the...


paragraph (b) of this section, an employee or Member receiving an annuity under any of the following sections is entitled to receive an annuity supplement: (1)...


of this section, an annuity supplement is an amount equal to the old-age insurance benefit payable under title II of the Social Security Act, multiplied by a fraction-- ...


(a)(1) Except as provided in paragraphs (a)(2) and (b) of this section, the annuity supplement payable under Sec. 842.504 is reduced by excess earnings in the test year, divided...


This subpart explains the survivor annuity elections available under FERS for retirees, and retiring employees and Members, and the actions that they must...


Current spouse means a living person who is married to the employee, Member, or retiree at the time of the employee's, Member's, or retiree's death. Current...


current spouse annuity. (a) A married employee or Member retiring under FERS will receive a fully reduced annuity to provide a current spouse annuity unless-- (1)...


annuity to provide a former spouse annuity. (a) An unmarried employee or Member retiring under FERS may elect a fully reduced annuity or a one-half reduced annuity...


retirement, an employee or Member in good health and who is applying for a non-disability annuity may elect an insurable interest rate. An election under this section does not exempt...


married employees and Members. (a) A married employee may not elect a self-only annuity or a one- half reduced annuity to provide a current spouse annuity without...


will be waived upon a showing that the spouse's whereabouts cannot be determined. A request for waiver on this basis must be accompanied by-- (1) A...


Member may name a new survivor or change his or her election of type of annuity if, not later than 30 days after the date of the first regular monthly payment, the named survivor...


provided in Sec. 842.611, Sec. 842.612, or paragraph (b) of this section, an employee or Member may not revoke or change the election or name another survivor later than 30...


annuity to provide a former spouse annuity. (a) Except as provided in paragraphs (b) and (c) of this section, when a retiree's marriage terminates after retirement,...


annuity to provide a current spouse annuity. (a) Except as provided in paragraph (c) of this section, a retiree who was unmarried at the time of retirement may...


of all current and former spouse annuities (not including any benefits based on an election of an insurable interest rate) payable based on the service of a former employee...


or the death of a current or former spouse results in providing less than the maximum permitted survivor reduction under Sec. 842.613, the reduction in the employee's annuity will...


under Sec. Sec. 842.610, 842.611, and 842.612 are not annuity overpayments and their collection is not subject to waiver. (b) Actuarial reduction in annuity...


noted. This subpart explains the benefits available to employees and Members who elect alternative forms of annuity under section 8420a of title 5, United...


of annuity means the benefit elected under Sec. 842.705. Current spouse annuity has the same meaning as in Sec. 842.602. Date of final adjudication means the date 30...


(c), and (d) of this section, an employee or Member who retires under any provision of subchapter II of chapter 84 of title 5, United States Code, may elect an alternative...


of annuity and evidence of spousal consent must be filed on a form prescribed by OPM within the time limit prescribed in paragraph (b)(2) of this section. The form...


Member who is eligible to make an election under Sec. 842.703 may elect to receive his or her lump-sum credit, excluding interest, plus an annuity computed in accordance...


compute the beginning rate of annuity payable to a retiree who elects an alternative form of annuity, OPM will first compute the monthly rate of annuity (and annuity supplement,...


after January 3, 1988, and before October 1, 1989. (a) Except as provided in paragraph (c) of this section, if the annuity of an employee or Member commences...


after December 2, 1989, and before October 1, 1995. (a) Except as provided in paragraph (c) of this section, if the annuity of a retiree commences after December 2,...


purpose. Source: 52 FR 2069, Jan. 16, 1987, unless otherwise noted. (a) This subpart contains regulations of the Office of Personnel Management...


In this subpart-- Agency head means, for the executive branch agencies, the head of an executive agency as defined in 5 U.S.C. 105; for the legislative...


for coverage. (a) Rigorous positions. (1) An employee's service in a position that has been determined by the employing agency head to be a rigorous law...


(a) An agency head's determination under Sec. 842.803(a) (finding that a position is a rigorous position) must be based solely on the official position description of...


and contributions. (a) During service covered under the conditions established by Sec. 842.803 (a), (b), or (c), the employing agency will deduct and withhold...


(a) The mandatory separation provisions of 5 U.S.C. 8425 apply to all law enforcement officers, firefighters, and air traffic controllers including those...


decisions. (a) The final decision of an agency head denying an individual's request for approval of a position as a rigorous, secondary, or air traffic...


of coverage determinations. (a) Upon deciding that a position is a law enforcement officer or firefighter position, each agency head must notify OPM...


provisions. (a) Any service as an air traffic controller, within the meaning of this term under 5 U.S.C. 2109 as in effect on or after January 1, 1987-- even...


be deemed a law enforcement officer for retirement purposes by certain police officers employed by the Metropolitan Washington Airports Authority (MWAA). ...


unless otherwise noted. (a) This subpart contains regulations of the Office of Personnel Management (OPM) to supplement-- (1) 5 U.S.C. 8412(d) and (e),...


purposes of this subpart, agency head is also deemed to include the designated representative of the Secretary of Energy, except that the designated representative must be...


employee's service in a position that has been determined by the Secretary of the Department of Energy [[Page 318]] to be a primary nuclear materials courier position...


service in a position that has been determined by the Secretary of the Department of Energy to be a secondary nuclear materials courier position following 3 years of service...


Sec. 842.903 that a position is a primary position must be based solely on the official position description of the position in question, and any other official description...


for service under 5 U.S.C. 8412(d) bears the burden of proof with respect to that service, and must provide the employing agency with all pertinent information...


the conditions established by Sec. 842.903 (a) or (b), the Department of Energy will deduct and withhold from the employee's base pay the amounts required under 5...


1999, the mandatory separation provisions of 5 U.S.C. 8425 apply to all nuclear materials couriers including those in secondary positions. A mandatory separation under 5...


the Merit Systems Protection Board under procedures prescribed by the Board: (a) The final decision of the Department of Energy issued to an employee, former employee,...


a position is a nuclear materials courier position, the agency head must notify OPM (Attention: Associate Director for Retirement and Insurance) stating the title of each...


benefits and employee refunds under FERS. (b) This subpart contains definitions and regulations that have general application throughout...


Accrued benefit means the accrued, unpaid annuity payable after the death of a retiree. Adult child means a child who has attained age 18. Basic annuity means...


entitled to benefits under this part unless an application on behalf of that person is filed with OPM no later than 30 years after the death of the employee, separated employee,...


requirements under FERS-- (a) For payment of employee contributions to the Civil Service Retirement Fund-- (1) As a refund of contribution, to separated...


to a separated employee. (a) Except as provided in Sec. Sec. 843.208 and 843.209 or in section 3716 of title 31, United States Code, on administrative...


an employee, separated employee, or retiree if no one is eligible for an annuity. (a) If there is no survivor who is entitled to monthly survivor annuity benefits...


an employee, separated employee, or retiree if someone is eligible for an annuity. (a) Except as provided in section 3716 of title 31, United States Code,...


(a) A designation of beneficiary must be in writing, signed and witnessed, and received in the employing office (or in OPM, in the case of a retiree, or...


(a) Upon receipt of a designation of beneficiary, the agency (or OPM) will mark the designation to show the date of receipt. (b) The date of receipt of designation...


or retiree has not named a beneficiary and one of the next of kin entitled makes a claim for the accrued benefit, other next of kin entitled to share in the...


payment of unexpended balance to a separated employee. (a) Payment to an employee of the unexpended balance may be made only if current and former spouses are...


The current and/or former spouse notification requirement will be waived upon a showing that the current and/or former spouse's whereabouts cannot be determined. A request for...


Transfers of employees' contributions between the Civil Service Retirement Fund and other retirement systems for Federal or District of Columbia employees when made in...


unexpended balance. Someone entitled to an annuity for purposes of Sec. Sec. 843.203 and 843.204 includes a child, even if the amount of the child's annuity is...


to a retirement system for employees of a nonappropriated fund instrumentality. A lump-sum payment will include employee contributions and interest as...


[Code of Federal Regulations] [Title 5, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR843.301] [Page 326] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) PART 843_FEDERAL EMPLOYEES RETIREMENT SYSTEM_DEATH BENEFITS AND EMPLOYEE REFUNDS--Table of Contents Subpart C_Current and Former Spouse Benefits Sec. 843.301 Purpose. This subpart explains the survivor benefits payable under FERS to current and former spouses based on the death or retirees, employees, and separated employees. ...


A current or former spouse of a deceased retiree, employee, or separated employee may file an application for benefits under this subpart, personally or through...


(a) The current spouse of a retiree, an employee, or a separated employee can qualify for a current spouse annuity or the basic employee death benefit only if-- (1)...


annuities. (a) A current or former spouse annuity under this subpart commences on the day after the death of the person on whose service the annuity is based. ...


current spouse annuity is terminated because of a remarriage of the recipient, the annuity is reinstated on the day of the termination of the remarriage by death, annulment, or...


(a) Except as provided in Sec. Sec. 843.307 and 843.312, and paragraph (b) of this section, if an annuitant dies and is survived by a current spouse,...


(a) Except as provided in Sec. 843.312, the widow or widower of a retiree who retired based on disability under part 844 of this chapter is entitled to...


retiree. (a) Except as provided in Sec. 843.312 and paragraph (d) of this section, a current spouse of a deceased retiree who is entitled to a current spouse annuity based...


(a) Except as provided in Sec. 843.312, if an employee or Member dies after completing at least 18 months of civilian service creditable under subpart C of part 842 of this...


Except as provided in Sec. 843.312, if an employee dies after completing at least 10 years of service, a current spouse is entitled to an annuity equal to 50 percent of...


(a) Except as provided in Sec. 843.312, if a separated employee who has completed at least 10 years of service dies after having separated from the...


(a) Any benefit (or a portion of any benefit) payable to a current spouse under this subpart is payable to a former spouse instead if the former spouse is entitled to that...


(a) A current spouse annuity cannot be reinstated under Sec. 843.305 unless-- (1) The surviving spouse elects to receive the reinstated current spouse...


includes credit for service with a nonappropriated fund instrumentality. (a) The survivor annuity based on service that includes service with a nonappropriated...


[Code of Federal Regulations] [Title 5, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR843.401] [Page 332] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) PART 843_FEDERAL EMPLOYEES RETIREMENT SYSTEM_DEATH BENEFITS AND EMPLOYEE REFUNDS--Table of Contents Subpart D_Child Annuities Sec. 843.401 Purpose. This subpart explains the survivor benefits payable under FERS to children based on the deaths of employees and retirees. ...


of an employee or retiree who dies after completing 18 months of civilian service creditable under FERS is entitled to an annuity under...


of parentage conclusively establishes the paternity of a child. (b) Except as provided in paragraph (a) of this section, a child born to the wife of a...


is-- (1) A child adopted by the employee or retiree before the death of the employee or retiree; or (2) A child who lived with the employee or retiree and for whom...


[Code of Federal Regulations] [Title 5, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR843.405] [Page 332] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) PART 843_FEDERAL EMPLOYEES RETIREMENT SYSTEM_DEATH BENEFITS AND EMPLOYEE REFUNDS--Table of Contents Subpart D_Child Annuities Sec. 843.405 Dependency. To be eligible for survivor annuity benefits, a child must have been dependent on the employee or retiree at the time of the employee's or retiree's death. ...


is considered to have been dependent on the deceased employee or retiree if he or she is-- (1) A legitimate child; or (2) An adopted child; or (3) A stepchild...


continued annuity because the child is incapable of self-support if the Social Security Administration finds that the child is eligible for continued social security...


(a) An annuity under this subpart-- (1) Commences on the day after the retiree or employee dies; (2) Commences or resumes on the first day of the month in...


the amount of annuity payable to each surviving child under this subpart is-- (1) The difference between the basic child's annuity rate for that month and the total...


school attendance. (a) General requirements for an annuity. (1) For a child age 18 to 22 to be eligible to receive an annuity as a full-time student, the...


of section 8466(c) of title 5, United States Code, persons who have attained age 18 are considered adults, regardless of the age of majority in the jurisdiction in which...


the benefit payable under FERS to an insurable interest beneficiary based on the death of a retiree who elected to take an annuity reduction to provide...


beneficiary is eligible for an annuity under this subpart upon the death of a retiree if the retiree had elected (under Sec. 842.606 of this chapter) to receive an...


(a) An annuity under this subpart commences on the day after the retiree dies. (b) An annuity under this subpart terminates on the last day of the month before...


[Code of Federal Regulations] [Title 5, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR843.504] [Page 335] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) PART 843_FEDERAL EMPLOYEES RETIREMENT SYSTEM_DEATH BENEFITS AND EMPLOYEE REFUNDS--Table of Contents Subpart E_Insurable Interest Annuities Sec. 843.504 Rate of annuity. The amount of an annuity under this subpart is 55 percent of the retiree's annuity after the insurable interest reduction. ...


the Federal Employees' Retirement System (FERS) for eligibility to receive a disability annuity, application procedures for disability annuities, rules for computing...


a reasonable adjustment made to an employee's job or work environment that enables the employee to perform the duties of the position. Accommodation may include...


of this section, an individual must meet the following requirements in order to receive a disability annuity: (1) The individual must have completed at least 18 months...


[Code of Federal Regulations] [Title 5, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR844.104] [Page 337] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) PART 844_FEDERAL EMPLOYEES' RETIREMENT SYSTEM_DISABILITY RETIREMENT --Table of Contents Subpart A_General Provisions Sec. 844.104 Administrative review of OPM decisions. Any individual whose rights or interests under FERS are affected by an initial decision of OPM may request OPM to review its decision under Sec. 841.306. ...


Except as provided in paragraph (b) of this section, an individual who is eligible for both an annuity under part 842 or 844 of this chapter and compensation for injury or...


nonappropriated fund instrumentality. A disability annuity that includes credit for service with a nonappropriated fund instrumentality performed after December 31,...


as provided in paragraphs (a)(3) and (a)(4) of this section, an application for disability retirement is timely only if it is filed with the employing agency before the employee...


(a) Basis for filing an application for an employee. An agency must file an application for disability retirement of an employee who has 18 months of Federal...


individual or agency filing an application for disability retirement is responsible for providing OPM with the evidence described in Sec. 844.201(b)(1), as well as...


A disability annuity under this part commences on the day after the employee separates or the day after pay ceases and the employee meets the requirements for title to...


(a) For the purposes of this subpart, the ``adjusted social security disability benefit'' is the benefit to which an annuitant is entitled under section 223 of the...


other provision of this part, an annuity payable under this part cannot be less than the amount of an annuity computed under 5 U.S.C. 8415 (excluding subsection (f) of...


to retire. (a) An individual retiring under this part is not entitled to elect to receive an alternative form of annuity under 5 U.S.C. 8420a, even if...


Effective on and after the annuitant's 62nd birthday, the rate of annuity payable to a disability annuitant will be the amount of an annuity computed with respect to...


(a) Each annuitant receiving disability annuity from the Fund shall be examined under the direction of OPM at the end of one year from the date of disability retirement and...


(a) Earning capacity determinations. If a disability annuitant is under age 60 on December 31 of any calendar year and his or her income from wages or self-employment or...


(a) When a disability annuity is terminated because of recovery or restoration of earning capacity and the individual is not employed in the Government,...


(a) When a disability annuity stops, the individual must again prove that he or she meets the eligibility requirements in order to have the annuity reinstated. ...


recovery of overpayments of FERS basic benefits; (2) The standards for waiver of recovery of overpayments of FERS basic benefits; and (3) The use of FERS basic benefits...


Federal Employees Retirement System as described in chapter 84 of title 5, United States Code. FERS basic benefits means any benefits payable under subchapter II, IV, or V...


be collected from FERS basic benefits only to the extent expressly authorized by Federal statute. (b) When collection of a debt from FERS basic benefits is authorized...


an OPM error or the failure of the creditor agency to properly and/or timely submit a debt claim under subpart D of this part, does not erase the debt or affect the validity...


termination or suspension of a collection action, other than waiver of an overpayment under subparts B and C of this part, are controlled exclusively by the Federal Claims...


be followed by the Office of Personnel Management (OPM), which are consistent with the Federal Claims Collection Standards (FCCS) (Chapter II of title 4, Code of...


due the Fund, with the exception of the collection of court-imposed judgments, amounts referred to the Department of Justice because of fraud, and amounts collected from...


means interest, penalties, and/or administrative costs owed on a debt. Annuitant means a retired employee or Member of Congress, former spouse, spouse, widow(er),...


Sec. 845.205, OPM will, before starting collection, tell the debtor in writing-- (1) The reason for and the amount of the debt; (2) The date on which the full payment...


of a debt may be made by means of offset under Sec. 845.206, or under any statutory provision providing for offset of money due the debtor from the...


retirement payments. A debt may be collected in whole or in part from any lump-sum retirement payment or recurring annuity payments. (b) Offset from other...


If a debtor's response to the notice described in Sec. 845.204(a) does not result in payment in full, payment by offset, or payment in accordance with a voluntary...


responsibility for resolving disputes, compromising claims, referring the debt for litigation, or suspending or terminating collection action. (b) OPM may refer...


in a manner consistent with the General Accounting Office's and the Justice Department's instructions, OPM will refer certain overpayments to the Justice Department for...


from the Fund may be waived pursuant to section 8470(b), of title 5, United States Code, when (a) the annuitant is without fault and (b) recovery would be against equity...


if he or she performed no act of commission or omission that resulted in the overpayment. The fact that the Office of Personnel Management (OPM) or another agency may...


against equity and good conscience when-- [[Page 349]] (a) It would cause financial hardship to the person from whom it is sought; (b) The recipient of...


deemed to exist in, but not limited to, those situations when the annuitant from whom collection is sought needs substantially all of his or her current income and liquid assets...


ordinary and necessary living expenses include rent, mortgage payments, utilities, maintenance, transportation, food, clothing, insurance (life, health, and accident),...


[Code of Federal Regulations] [Title 5, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR845.306] [Page 349] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) PART 845_FEDERAL EMPLOYEES RETIREMENT SYSTEM_DEBT COLLECTION--Table of Contents Subpart C_Standards for Waiver of Overpayments Sec. 845.306 Waiver precluded. Waiver of an overpayment cannot be granted when-- (a) The overpayment was obtained by fraud; or (b) The overpayment was made to an estate. ...


Director must establish by the preponderance of the evidence that an overpayment occurred. (b) Burden of annuitant. The recipient of an overpayment must establish...


Purpose. This subpart prescribes the procedures to be followed by a Federal agency when it requests the Office of Personnel Management (OPM) to recover a...


[Code of Federal Regulations] [Title 5, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR845.402] [Page 349] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) PART 845_FEDERAL EMPLOYEES RETIREMENT SYSTEM_DEBT COLLECTION--Table of Contents Subpart D_Agency Requests to OPM for Recovery of a Debt From the Civil Service Retirement Fund Sec. 845.402 Scope. This subpart applies to agencies and debtors, as defined by Sec. 845.403. ...


Definitions. In this subpart-- Act means the Federal Claims Collection Act of 1966 as amended by the Debt Collection Act of 1982 and implemented by 4...


Conditions for requesting an offset. An agency may request that money payable from the Fund be offset to recover any valid debt due the United States when all of...


Creditor agency processing for non-fraud claims. (a) Where to submit the debt claim, judgment or notice of debt--(1) Creditor agencies that are not the...


OPM processing for non-fraud claims. (a) Refunds--incomplete debt claims. (1) If a creditor agency sends OPM a notice of debt claim against a refund OPM...


Installment withholdings. (a) When possible, OPM will collect a creditor agency's full claim in one payment from the debtor's refund or annuity. (b)...


Special processing for fraud claims. When an agency sends a claim indicating fraud, presentation of a false claim, misrepresentation by the debtor or any other...


may transfer to the Federal Employees Retirement System (FERS), gives the conditions under which they may transfer, and sets forth the method of computing the annuities...


III of chapter 83 of title 5, United States Code. CSRS/SS service means service subject to both CSRS deductions (or deductions under another retirement system...


and Members subject to CSRS on June 30, 1987. An individual who, on June 30, 1987, is employed in the Federal service or is a Member and who is covered by CSRS may elect...


Sec. 846.102 of this part may not become effective unless the election is made with the written consent of any former spouse(s) entitled to benefits under subpart F of part...


distribute the election forms provided by OPM to each eligible individual, including all individuals in a nonduty status. (b) An employing office must obtain...


(a) Belated elections. On determination by an employing office that the FERS transfer handbook issued by OPM was not available to an individual in a timely manner or...


individual may request OPM to reconsider a decision of an employing office affecting his or her election of coverage under FERS. A request for reconsideration of a decision by...


becomes covered by FERS as a result of an election under Sec. 846.201 is subject to the provisions of chapter 84 of title 5, United States Code and parts 841 through 845...


(a) Civilian service performed before the effective date of FERS coverage which is CSRS/SS service is creditable under FERS if-- (1) For service performed before January 1, 1987,...


(a) Military service performed before the effective date of the election under Sec. 846.201 creditable as provided under FERS, except as provided in paragraphs (b) and (c) of...


service. (a)(1) The basic annuity of an employee who elected FERS coverage is an amount equal to the sum of the accrued benefits under CSRS as determined...


(a) Except as provided by this part, CSRS provisions are not applicable with respect to an individual who elects FERS coverage. (b) An employee (or an employee's...


(a) An individual who elects FERS coverage is entitled to a refund of CSRS contributions made prior to the effective date of the election for service that is subject to FERS...


individual who elects to transfer to FERS is entitled to a refund of all CSRS contributions in accordance with the provisions of part 831, subpart T of this chapter. (b)...


A designation of beneficiary made under Sec. 831.2005 of this chapter is cancelled on the effective date of an election of FERS coverage. Designations of beneficiary under...


18, 1998, unless otherwise noted. This subpart contains OPM's regulations applicable to elections of FERS coverage during the 1998 open enrollment...


Election means an election of FERS coverage during the 1998 open enrollment period. Former spouse consent requirement means the condition that must be satisfied under...


this subpart is effective on the later of-- (a) The first day of the pay period beginning after the date the election and any required supporting documentation is...


(a) An election to be covered by FERS becomes irrevocable on the date it becomes effective. (b) If, during the 1998 open enrollment period, an employee files an...


enrollment period. An employee who is not covered by FERS, and who was an employee on January 1, 1998, and who is not otherwise ineligible for FERS coverage...


An individual employed by the government of the District of Columbia is not eligible to make an election, except-- (1) Non-judicial employees of the District...


of FERS coverage cannot become effective unless the election is made with the written consent of any former spouse(s) entitled to benefits under part 838 of this...


an employee must submit a completed FERS Election of Coverage form (SF 3109) and any additional documentation that may be required under Sec. 846.722 (relating to the...


(a) Employee actions. (1) If the employee is subject to a qualifying court order, the employee must submit to the employing office a completed-- (i) SF...


must determine whether the employee is eligible to elect FERS coverage. (b)(1) As close as practicable to the beginning of the open enrollment period, the...


(a) Belated elections. The employing office may accept a belated election of FERS coverage if it determines that-- (1) The employing office did not provide...


(a) A person whose rights or interests under this part are affected by an agency decision that an employee is not eligible to elect FERS coverage or an agency refusal to accept...


employee communications relating to elections. The employing office is delegated authority to act as OPM's agent for the receipt of any documents that employees...


scope. (a) This part contains the regulations issued by the Office of Personnel Management (OPM) to implement the statutory election rights of certain current...


(a)(1) Subpart A of this part contains information applicable to all elections under this part. (2) Subpart B of this part contains information...


(a) Except as provided in paragraph (b) of this section, the definitions in sections 8331 and 8401 of title 5, United States Code, apply throughout this part. ...


(a) OPM will issue guidance to employing agencies to use when notifying their employees about the opportunity to make an election under this part and...


(a) Each agency is responsible for notifying its employees of the opportunity to make an election under this part and for determining if an employee...


eligibility. (a) If the agency determines that the employee is not eligible to make an election under subpart B or D of this part, it must issue a...


MSPB. (a) An individual whose rights or interests under the CSRS or FERS are affected by a final decision of the employing agency may request the Merit Systems...


time. In computing a period of time for filing documents, the day of the action or event after which the designated period of time begins to run is not included....


Move Sec. 847.201 Purpose and scope. This subpart contains OPM's regulations on the procedures, eligibility requirements, time limits...


Move Sec. 847.202 Definition of qualifying move. (a) A qualifying move occurring on or after December 28, 2001, that would allow...


Move Sec. 847.203 Elections of CSRS coverage. (a) An employee who completes a qualifying move (under Sec. 847.202(a), (c), or (e)) from...


Move Sec. 847.204 Elections of FERS coverage. (a) An employee who completes a qualifying move under Sec. 847.202(a), (c) or (e) from...


Move Sec. 847.205 Elections of NAFI retirement system coverage. (a) An employee who completes a qualifying move under Sec. 847.202(b), (d),...


Move Sec. 847.206 Time limit for making an election. (a) Except as provided in paragraph (b) of this section, the time limit for making...


Move Sec. 847.207 Effective dates of elections. Elections under this subpart are effective on the date of the...


Move Sec. 847.208 Changes of election. An election under this subpart is irrevocable when received by the...


Move Sec. 847.209 Collection of CSRS and FERS retirement contributions from NAFI employers. CSRS and FERS salary deductions and...


Move Sec. 847.210 Collection of NAFI retirement contributions from Federal agencies. The Department of Defense and the U.S. Coast Guard...


Move Sec. 847.211 Death of employee during election opportunity period. (a) When an employee eligible to make an election under this...


Purpose and scope. This subpart establishes the procedures applicable to elections section 1043(c)(2) of the National Defense Authorization Act for Fiscal...


Notice of election rights. The employing agency must provide notice to all eligible employees of the opportunity to elect to continue retirement coverage...


Election forms. (a) Eligible employees may make an election under subpart D of this part on a form prescribed by OPM and filed with the employing agency. (b)...


Time limit. (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. ...


Basic records. (a) Agencies must establish and maintain retirement accounts for employees subject to CSRS or FERS in the manner prescribed by OPM. (b)...


Purpose and scope. General Provisions This subpart contains OPM's regulations concerning the types of elections available,...


Definition of qualifying move. (a) A qualifying move occurring after December 31, 1965, and before August 10, 1996, which would allow an employee the opportunity...


Election requirements. (a) An employee who completed a qualifying move under Sec. 847.402(a) may elect to be covered by CSRS, if the qualifying move was from...


Elections of FERS instead of CSRS. (a) An employee who elects CSRS coverage under Sec. 847.411(a) may, during the 6-month period beginning on the date the...


Effective date of an election. (a) An election under Sec. 847.411 is effective on the first day of NAFI employment subject to retirement coverage following CSRS-...


Crediting future NAFI service. An employee who elects CSRS or FERS coverage under Sec. 847.411 will be covered by CSRS or FERS during all periods of future service...


OASDI coverage. An employee who elects CSRS coverage under Sec. 847.411 is prospectively subject to both the Old Age, Survivors, and Disability Insurance (OASDI)...


Credit for refunded FERS service. (a) An employee or survivor who elects FERS coverage under Sec. 847.411 will receive credit in the FERS annuity for the...


Election requirements. (a)(1)(i) A FERS employee who completed a qualifying move under Sec. 847.402(b) may, instead of the election provided by Sec....


Crediting future NAFI service. An employee who elects to remain in FERS coverage with credit for NAFI service under Sec. 847.421(a) will be covered by FERS during...


Credit for refunded FERS service. (a) An employee or survivor who elects FERS coverage with credit for NAFI service under Sec. 847.421 will receive credit in the...


Election requirements. (a)(1)(i) A NAFI employee who completed a qualifying move from FERS under Sec. 847.402(a) may, instead of the election provided by Sec....


Effect of a refund of FERS deductions. OPM will inform the NAFI retirement system of the amount of service performed under FERS, without regard to whether a refund...


Exclusion from FERS for future service. (a) An employee who elects NAFI retirement system coverage with credit for FERS service under Sec. 847.431(a) is excluded...


Election requirements. (a) An employee who completed a qualifying move under Sec. 847.402(b) may elect to be covered by a NAFI retirement system for all...


Effective date. (a) An election under Sec. 847.441 is effective on the first day of FERS-covered employment following NAFI employment subject to...


Exclusion from FERS for future service. An employee who elects NAFI retirement system coverage with credit for FERS service under Sec. 847.441(a) is excluded from...


Purpose and scope. This subpart regulates transferring retirement contributions and crediting those contributions to offset the employee costs in...


Transfers to the CSR Fund. For elections of CSRS or FERS coverage under Sec. 847.411 or FERS coverage and service credit under Sec. 847.421, the amount under...


Transfers from the CSR Fund. For elections of NAFI retirement system coverage under Sec. 847.441, the amount under Sec. 847.504 will be transferred from the...


Amount of transfer. (a) All transfers must include employee contributions with interest, if not previously refunded, and Government contributions for...


When transfer occurs. (a) OPM, the Department of Defense, and the U.S. Coast Guard will transfer the amount specified in Sec. 847.504 as soon as practicable...


Procedures for transfer. OPM, the Department of Defense, and the U.S. Coast Guard will jointly determine the procedure for transfer...


Earnings after transfer. Amounts transferred to the Fund under Sec. 847.502 that are used to determine the deficiency under Sec. 847.604 accrue interest at the...


Purpose and scope. (a) The purpose of this subpart is to establish the methodology that OPM will use to determine-- (1) The cost of an employee's...


Present value factors. (a) OPM publishes the following tables (available at personnel and payroll offices): (1) One table of present value factors for...


Date of present value and deficiency determinations. (a) For determining the deficiency under Sec. 847.604, OPM will determine, under Sec. Sec. 847.605 through...


Methodology for determining deficiency. (a) When an event listed in the left column of the table in Appendix A to this subpart occurs, OPM will compute the...


Methodology for determining the present value of annuity with service credit. (a) OPM will determine the present value of the annuity including service credit...


Methodology for determining the present value of annuity without service credit--credit not needed for title. (a) If credit for the NAFI service is not necessary...


Methodology for determining the present value of annuity without service credit--credit needed for title. (a) If credit for the NAFI service is necessary to...


Reduction in annuity due to deficiency. Any annuity payable in the case of an employee who has made an election under subpart D of this part will include credit for...


Purpose and scope. This subpart establishes the methodology that OPM will use to determine benefit payable in connection with an election made under subpart...


Lump-sum payments and refunds. (a) Employee contributions with interest which are transferred to the Fund under subpart E of this part are included in any...


Reductions in annuity. The CSRS or FERS basic annuity of an employee or survivor who has elected retirement coverage under subpart D of this part is reduced in...


Maximum survivor annuity election. The amount of the employee's benefit after reduction for any deficiency under Sec. 847.608 is-- (a) For CSRS, the...


Cost-of-living adjustments. Cost-of-living adjustments are applied to the rate payable to the retiree or survivor, including the reduction for any...


Eligibility Sec. 847.801 What information is in this subpart? Source: 68 FR 2180, Jan. 16, 2003, unless otherwise noted. ...


Eligibility Sec. 847.802 Who may elect to use NAFI service to qualify for immediate retirement under CSRS or FERS? CSRS and FERS employees...


Eligibility Sec. 847.803 When do employees make the election to use their NAFI service to qualify for an immediate retirement under CSRS or FERS? ...


Eligibility Sec. 847.804 How do employees make an election to use their NAFI service to qualify for an immediate retirement under CSRS or FERS? ...


Eligibility Sec. 847.805 What NAFI service can employees elect to credit toward retirement eligibility under CSRS or FERS? (a) Employees...


Eligibility Sec. 847.806 How much NAFI service must employees elect to use to qualify for an immediate CSRS or FERS retirement? (a)...


Eligibility Sec. 847.807 Do employees have to pay CSRS or FERS deposits for the NAFI service they use to qualify for immediate retirement under CSRS...


Eligibility Sec. 847.808 Is money in the NAFI retirement fund covering NAFI service that an employee elects to use for immediate retirement under CSRS...


Eligibility Sec. 847.809 What effect will NAFI service used to qualify for an immediate retirement have on the amount of the CSRS or FERS annuity? ...


To Qualify for an Immediate CSRS or FERS Retirement Sec. 847.901 What information is in this subpart? Source: 68 FR 2181, Jan. 16, 2003, unless...


To Qualify for an Immediate CSRS or FERS Retirement Sec. 847.902 How does an election to credit NAFI service for immediate CSRS or FERS retirement under subpart H of...


To Qualify for an Immediate CSRS or FERS Retirement Sec. 847.903 How is the monthly reduction to the retirement annuity computed? (a) The...


To Qualify for an Immediate CSRS or FERS Retirement Sec. 847.904 What are Present Value Factors Present value factors have the same meaning in this subpart as...


To Qualify for an Immediate CSRS or FERS Retirement Sec. 847.905 How is the present value of an immediate annuity with credit for NAFI service computed? ...


To Qualify for an Immediate CSRS or FERS Retirement Sec. 847.906 How is the present value of a deferred annuity without credit for NAFI service computed? ...


To Qualify for an Immediate CSRS or FERS Retirement Sec. 847.907 How is the monthly annuity rate used to compute the present value of the deferred annuity without...


Service To Qualify for an Immediate CSRS or FERS Retirement Sec. 847.908 If a retiree who elected to credit NAFI service under subpart H of this part earns a...


To Qualify for an Immediate CSRS or FERS Retirement Sec. 847.909 If a retiree who elected to credit NAFI service under subpart H of this part earns a right to...


To Qualify for an Immediate CSRS or FERS Retirement Sec. 847.910 If a retiree who elected to credit NAFI service for CSRS immediate retirement returns to work for...


To Qualify for an Immediate CSRS or FERS Retirement Sec. 847.911 Is an employee who elects to credit NAFI service to qualify for an immediate FERS retirement under...


To Qualify for an Immediate CSRS or FERS Retirement Sec. 847.912 If an employee who elects to credit NAFI service under subpart H of this part elects a survivor...


to an annuity under a retirement system established for employees. This includes the retirement system of a nonappropriated fund instrumentality of the Department...


benefits are payable according to a contract with the company or companies that issue a policy under Sec. 8709 of title 5, United States Code. Any court action to obtain money...


corrections of administrative errors regarding coverage or changes in coverage. Retroactive corrections are subject to the provisions of Sec. 870.401(f). (b) OPM may...


insured, the coverage will remain in effect if at least 2 years pass before the error is discovered, and if the individual has paid applicable premiums during that time....


ask his/her agency or retirement system to reconsider its initial decision denying life insurance coverage, the opportunity to change coverage, the opportunity to...


under the FEGLI Program: Basic and Optional. (b) There are three types of Optional insurance: Option A (standard optional insurance), Option B (additional...


amount (BIA) is either: (i) His/her annual rate of basic pay, rounded to the next higher thousand, plus $2,000; or (ii) $10,000; whichever is higher, unless...


Living Benefit under subpart K of this part is the amount of insurance left after the effective date of the Living Benefit election. This amount is the...


pay is his/her annual rate of basic pay as fixed by law or regulation. (2) Annual pay for this purpose includes the following: (i) Interim geographic adjustments...


Effective for pay periods beginning on or after October 30, 1998, Option A cannot exceed this amount. Exception: This does not apply to annuitants who retired with a...


and dismemberment coverage is an automatic part of Basic and Option A insurance for employees. (2) There is no accidental death and dismemberment coverage with Options...


automatically insured for Basic insurance unless he/she waives it. (b)(1) Optional insurance must be specifically elected; it is not automatic. (2) An employee...


insurance coverage by law: (1) An employee of a corporation suspervised by the Farm Credit Administration, if private interests elect or appoint a member of the board...


30, 1998, foster children are eligible for coverage as family members under Option C. (b) To qualify for coverage as a foster child, the child must meet the...


(a)(1) The cost of Basic insurance is shared between the insured individual and the Government. The employee pays two-thirds of the cost, and the Government pays one-third. ...


the full cost of all Optional insurance. There is no Government contribution toward the cost of any Optional insurance. (2) Optional insurance premiums are based...


(a) Withholdings and contributions for Basic insurance for an individual who elects a full Living Benefit under subpart K of this part stop at the end of the pay period...


Optional insurance. (a) Withholdings (and Government contributions, when applicable) are based on the amount of insurance in force at the end of the pay period. ...


retired under 5 U.S.C. chapter 84 (Federal Employees' Retirement System) have been able to make direct premium payments if their annuity became too small to cover...


(a)(1) When an employee is appointed or transferred to a position in which he/she is eligible for insurance, the employee is automatically insured for Basic insurance on the day...


may cancel his/her Basic insurance at any time by filing a waiver of Basic insurance coverage. An employee files with the employing office. An annuitant files with OPM or...


has filed a waiver of Basic insurance cannot cancel the waiver. (b) An employee who has filed a waiver of Basic insurance may cancel the waiver and become...


waive Option A, Option B, and Option C [[Page 399]] coverage, in a manner designated by OPM, within 31 days after becoming eligible unless during earlier...


may cancel entirely any type of Optional insurance, or reduce the number of multiples of his/her Option B insurance, at any time by filing a waiver of Optional...


in family circumstances. (1) An employee cannot cancel a waiver of Option A due to a change in family circumstances. (2) An employee who has waived Option B coverage...


enrollment periods for life insurance. Open enrollment periods are held only when specifically scheduled by OPM. (b) During an open enrollment period, unless OPM...


continue life insurance for up to 12 months. No premium payments are required, unless the employee is receiving compensation. (b) If an insured employee who is entitled...


an international organization may continue life insurance coverage as provided in 5 U.S.C. 3582. Regulations governing these transfers are in part 352 of...


in Sec. 870.701, the Basic insurance of an insured employee stops on the date he/she separates from service, subject to a 31-day extension of coverage. (b) The...


of an insured employee stops when his/ her Basic insurance stops, subject to the same 31-day extension of coverage. (2) An employee who meets the requirements...


group coverage terminates for any reason other than voluntary cancellation, an employee may apply to convert all or any part of his/her Basic and Optional insurance...


employee retires, Basic life insurance (but not accidental death and dismemberment) continues or is reinstated if he/ she: (1) Is entitled to retire on an immediate...


annuitant or compensationer can continue is the BIA on the date insurance would otherwise have stopped because of the individual's separation from service or completion of...


a Living Benefit, an individual who makes an election under Sec. 870.701(c) must select one of the following options: (1) Termination of the insurance. The...


annuitant or compensationer can continue is $10,000. (b) An annuitant's or compensationer's Option A coverage reduces by 2 percent of the original amount each month up to...


number of multiples of Option B and Option C coverage an annuitant or compensationer can continue is the highest number of multiples in force during the applicable period of...


disability annuity terminates because he/she recovers from the disability or because his/ [[Page 408]] her earning capacity returns, and whose disability annuity...


appointed to a position in which he/she is eligible for insurance, the amount of his/her Basic life insurance as an annuitant (and any applicable annuity withholdings)...


whose coverage terminates under Sec. 870.601(b), and who meets the requirements for continuing Basic insurance after retirement as stated in Sec. 870.701(a), resumes on...


(a) Except as provided in paragraph (d) of this section, benefits are paid according to the order of precedence stated in 5 U.S.C. 8705(a), as follows: (1) To...


provided in paragraph (i) of this section, if an insured individual wants benefits paid differently from the order of precedence, he/she must file a designation of beneficiary....


a claim for Option C benefits because of the death of a child age 22 or older, OFEGLI determines, based on whatever evidence it considers necessary, whether the deceased...


Bankruptcy Amendments and Federal Judgeship Act of 1984, Pub. L. 98-353 (98 Stat. 355), effective July 10, 1984, permits Federal judges to irrevocably assign their FEGLI...


must complete an approved assignment form. Only the insured individual can make an assignment; no one can assign on behalf of an insured individual. (b)...


[Code of Federal Regulations] [Title 5, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR870.903] [Page 412] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) PART 870_FEDERAL EMPLOYEES' GROUP LIFE INSURANCE PROGRAM--Table of Contents Subpart I_Assignments of Life Insurance Sec. 870.903 Effective date of assignment. An assignment under this subpart is effective on the date the employing office receives the properly completed, signed, and witnessed assignment form. ...


[Code of Federal Regulations] [Title 5, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR870.904] [Page 412] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) PART 870_FEDERAL EMPLOYEES' GROUP LIFE INSURANCE PROGRAM--Table of Contents Subpart I_Assignments of Life Insurance Sec. 870.904 Amount of insurance. The amount of insurance is the amount of the insured individual's Basic insurance, plus any Option A and Option B coverage. ...


[Code of Federal Regulations] [Title 5, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR870.905] [Page 412] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) PART 870_FEDERAL EMPLOYEES' GROUP LIFE INSURANCE PROGRAM--Table of Contents Subpart I_Assignments of Life Insurance Sec. 870.905 Withholdings. Premium withholdings for assigned insurance are withheld from the salary, annuity, or compensation of the insured individual, as provided in subpart D of this part. ...


insurance transfers to the assignee; the insured individual cannot cancel (or reduce) insurance after making an assignment. (b) The assignee has the right to...


under the conditions stated in subpart F of this part. (b)(1) When an insured individual's insurance terminates, an assignee has the right to convert all or part of...


insurance and later becomes eligible to continue such insurance coverage as an annuitant or compensationer as provided in Sec. 870.701: (1) At the time he/she retires...


automatically cancels an insured individual's prior designation of beneficiary. After making an assignment, an individual cannot designate a beneficiary; the right to...


[Code of Federal Regulations] [Title 5, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR870.910] [Page 414] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) PART 870_FEDERAL EMPLOYEES' GROUP LIFE INSURANCE PROGRAM--Table of Contents Subpart I_Assignments of Life Insurance Sec. 870.910 Notification of current addresses. Each assignee and each beneficiary of an assignee must keep the office where the assignment is filed informed of his/her current address. ...


Purpose. This subpart sets forth the conditions for life insurance coverage according to the provisions of section 599C of Pub. L. 101-513 (104...


Definitions. In this subpart: Hostage and hostage status have the meaning set forth in section 599C of Pub. L. 101-513 (104 Stat. 2035). Pay period...


Coverage and amount of insurance. (a) An individual is covered under this subpart when the U.S. Department of State determines that the individual is eligible...


Effective date of insurance. Insurance under this subpart was effective on August 2, 1990, for hostages in Iraq and Kuwait and on June 1, 1982, for hostages...


Premiums. (a) Government contributions and employee withholdings required under subpart D of this part are paid from the funds provided under section...


Cancellation of insurance. (a) An individual who is insured under this subpart may cancel his/ her insurance at any time by written request. The cancellation...


Termination and conversion. (a) Insurance under this subpart terminates 12 months after hostage status ends, unless the individual cancels the insurance earlier. ...


Order of precedence and designation of beneficiary. Insurance benefits are paid under the order of precedence set forth in 5 U.S.C. 8705(a) and under the provisions...


Responsibilities of the U.S. Department of State. (a) The U.S. Department of State functions as the ``employing office'' for individuals insured under...


1995, an insured individual who is certified by his/her doctor as terminally ill, as defined in Sec. 870.101, may elect to receive a lump-sum payment of Basic insurance. ...


receive either: (i) A full Living Benefit, which is all of his/her Basic insurance, or (ii) A partial Living Benefit, which is a portion of his/her Basic insurance,...


on Living Benefits and an application form directly from OFEGLI. (b)(1) Only the insured individual can apply for a Living Benefit; no one can apply on...


otherwise noted. (a) Effective April 24, 1999, until April 24, 2002, eligible employees may elect portability for Option B coverage that would...


Option B if: (1) His/her coverage is terminating due to separation or completion of 12 months in nonpay status; and (2) He/she has had Option B for the 5 years of...


to the highest number of Option B multiples that meet the requirements of Sec. 870.1202(a)(2). (b)(1) An individual with ported coverage can reduce the number...


shown in Sec. 870.402(e). (2) In addition to the premium payments for Option B, individuals with ported coverage must pay a monthly administrative fee, in an amount...


notify the employee/assignee(s) of the loss of coverage and the right to elect portability for Option B either before or immediately after the event causing the loss of coverage. ...


stops April 24, 2002, subject to the 31-day extension of coverage and right to convert, as provided in subpart F of this part. (2) Ported coverage stops at the...


has a valid designation of beneficiary on file at the time he/she elects portability, that designation remains in effect. (2) An individual with ported coverage...


returns to Federal service, the agency must notify the Portability Office. (2) The Portability Office must terminate the ported coverage and send the originals of...


an applicant or enrollee. Accordingly, the terms ``you,'' ``your,'' etc., refer, as appropriate, to the applicant or enrollee. In this part, the terms annuitant,...


[Code of Federal Regulations] [Title 5, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR875.102] [Page 420] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) PART 875_FEDERAL LONG TERM CARE INSURANCE PROGRAM--Table of Contents Subpart A_Administration and General Provisions Sec. 875.102 Where do I send benefit claims? You must submit your benefit claims to the FLTCIP Carrier or its designee. ...


[Code of Federal Regulations] [Title 5, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR875.103] [Page 420] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) PART 875_FEDERAL LONG TERM CARE INSURANCE PROGRAM--Table of Contents Subpart A_Administration and General Provisions Sec. 875.103 Do I need to authorize release of my medical records when I file a claim? Yes, if you file a claim for benefits, the Carrier needs to have a valid authorization from you to release your medical records. ...


or payment of a claim? (a) If you dispute the Carrier's denial of your eligibility for benefits or your claim for payment of benefits, you must first send...


[Code of Federal Regulations] [Title 5, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR875.105] [Page 420] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) PART 875_FEDERAL LONG TERM CARE INSURANCE PROGRAM--Table of Contents Subpart A_Administration and General Provisions Sec. 875.105 May OPM correct errors? OPM may order correction of administrative errors after reviewing evidence and finding that it would be against equity and good conscience not to do so. ...


Federal agencies and uniformed services establishments are responsible for: (a) Providing access to information about the FLTCIP to eligible individuals; (b)...


Consistent with the authority and discretion given to OPM by the FLTCIP law, OPM's responsibilities include those functions typically associated with, and preemptive of,...


insurance? If the Carrier approves your application for coverage, OPM and/or the Carrier will make available to you a benefit booklet and schedule of benefits with...


OPM and the Carrier? For the purpose of making findings of fact and to the extent that conclusions of law may be required under any proceeding conducted...


a Federal civilian or Postal employee whose current position conveys eligibility for Federal Employees Health Benefits under part 890 of this chapter, you are also eligible to...


a survivor annuitant, a deferred annuitant, or a compensationer, you are eligible to apply for coverage. If you are a deferred annuitant, you may apply for coverage...


separated from service under the FERS Minimum Retirement Age and 10 years of service (MRA+10) provision of 5 U.S.C. 8412(g), and have postponed receiving an annuity under...


to apply for coverage if you are on active duty or full-time National Guard duty for more than a 30-day period. (b) You are eligible to apply for coverage if you are a member...


eligible to apply for coverage if you are a retired member of the uniformed services entitled to retired or retainer pay (including disability retirement pay). (b) You...


may I apply? (a) As a new, newly eligible, or returning Federal civilian or Postal employee or member of the uniformed services, you may apply as follows: ...


to a pay status from nonpay status during the open season, you have 60 days from the date of your return, or until the end of the open season, whichever gives you more time,...


has died? You may not apply as a qualified relative if the workforce member on whom you are basing your qualified relative status died prior to the time...


you submit your application for coverage, you must make known your status as a member of an eligible group. (b) If the Carrier finds that you misrepresented your...


(a) You must be eligible at the time of your application and at the time your coverage is scheduled to go into effect. Except as noted in paragraph (b) of this section, if you lose...


(a) If you applied as a Federal civilian or Postal employee or member of the uniformed services, and separate from service under the MRA+10 provisions of 5 U.S.C. 8412(g),...


[Code of Federal Regulations] [Title 5, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR875.212] [Page 423] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) PART 875_FEDERAL LONG TERM CARE INSURANCE PROGRAM--Table of Contents Subpart B_Eligibility Sec. 875.212 Is there a minimum application age? Yes, there is a minimum application age. You must be at least 18 years old at the time you submit an application for coverage. ...


[Code of Federal Regulations] [Title 5, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR875.301] [Page 423] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) PART 875_FEDERAL LONG TERM CARE INSURANCE PROGRAM--Table of Contents Subpart C_Cost Sec. 875.301 Is there a Government contribution toward premiums? There is no Government premium contribution toward the cost of long term care insurance. ...


made by Federal payroll or annuity deduction, uniformed services retirement pay deduction, by pre- authorized debit, or by direct billing. (b) You must continue to make...


have underpaid the premium rate for your age and/or level of coverage, you must pay retroactive premiums to the Carrier for the amount due. If you fail to pay back...


all funds received under this section separate from all other funds. The Carrier may use FLTCIP funds only for purposes specifically related to...


application in a form appropriate for your eligibility status as prescribed by the Carrier and approved by OPM. (b) If you are the qualified relative of a...


this section began July 1, 2002, as described in a Federal Register Notice (67 FR 43691, June 28, 2002), including the open season ending date(s) and which eligible...


[Code of Federal Regulations] [Title 5, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR875.403] [Page 424] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) PART 875_FEDERAL LONG TERM CARE INSURANCE PROGRAM--Table of Contents Subpart D_Coverage Sec. 875.403 May I apply for coverage outside of an open season? If you are eligible for coverage, you may submit an application at any time outside of an open season. You will be subject to full underwriting requirements. ...


open season enrollments will be announced in a Federal Register Notice that announces open season dates. (b)(1) If you enroll at any time outside of an open season,...


Federal civilian or Postal employee or member of the uniformed services and you have married, your spouse is eligible to submit an application for coverage under this section within...


(1) You may apply to increase your coverage at any time. Full underwriting is required, except when an open season allows abbreviated underwriting. (2) If...


[Code of Federal Regulations] [Title 5, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR875.407] [Page 425] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) PART 875_FEDERAL LONG TERM CARE INSURANCE PROGRAM--Table of Contents Subpart D_Coverage Sec. 875.407 Who makes insurability decisions? The Carrier determines the insurability of all applicants. The Carrier's decision may not be appealed to OPM. ...


coverage issued based on an erroneous application may remain in effect. Such coverage will not remain in effect, and your claim may be denied, under any of the...


provide the Carrier with an authorization to release medical information when requested. The Carrier may deny a claim for benefits or void your coverage if the Carrier does...


If you are a Federal civilian or Postal employee or member of the uniformed services, your coverage will automatically continue when you leave active service, as long as the...


If you are already enrolled as a qualified relative, you may continue your FLTCIP coverage if you subsequently lose qualified relative status (such as upon divorce), as long as...


the following dates: (a) The date you specify to the Carrier that you wish your coverage to end; (b) The date of your death; (c) The end of the period...


coverage can be reinstated. The Carrier will reinstate your coverage if it receives proof satisfactory to it, within 6 months from the termination date, that you...


coordinated with other plans, following the coordination of benefits (COB) guidelines set by the National Association of Insurance Commissioners. The total benefits from all...


this part is to establish a uniform standard that OPM will use in its administration of benefits for CSRS, FERS, FEHBP and FEGLI in cases in which an annuitant becomes a...


contains the following subparts: (1) Subpart A contains general information about this part and related subjects. (2) Subpart B establishes the procedures that OPM...


Annuitant means an individual who has separated from the Federal service with, and has retained, title to a CSRS or FERS annuity, has satisfied the age and...


the procedures that OPM will use to-- (a) Determine that an individual is a missing annuitant; (b) Suspend payment of annuity to a missing annuitant; (c)...


[Code of Federal Regulations] [Title 5, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR880.202] [Page 428] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) PART 880_RETIREMENT AND INSURANCE BENEFITS DURING PERIODS OF UNEXPLAINED ABSENCE--Table of Contents Subpart B_Procedures Sec. 880.202 Referral to Associate Director. Any OPM office that receives information concerning the possibility that an annuitant might have disappeared will notify the Associate Director. ...


(a) Upon receipt of information concerning the possibility that an annuitant has disappeared, the Associate Director will conduct such inquiry as he or she determines...


missing annuitant's whereabouts are determined, and he or she is alive and-- [[Page 429]] (1) Competent, OPM will resume payments to the annuitant and...


make findings of presumed death. A claimant for CSRS, FERS, or FEGLI death benefits (other than payments under Sec. 880.302) or an individual seeking an adjustment of accounts...


paragraph (b) of this section, for the purpose of benefits administered by OPM, the date of death of a missing annuitant who has been determined to be dead by an...


After a missing annuitant is determined to be dead under Sec. 880.205, OPM will review the case to determine whether additional benefits are payable or excess...


OPM's policy concerning the availability and amount of CSRS and FERS annuity payments and the continuation of FEHBP and FEGLI coverage and premiums while an annuitant...


(a) OPM will pay an amount equal to the survivor annuity that would be payable as CSRS or FERS survivor annuity to an account in a financial institution designated (under...


missing annuitant had a family enrollment, the enrollment will be transferred to the eligible family members under Sec. 890.303(c) of this chapter. If there is only one eligible...


not be collected during periods when an annuitant is a missing annuitant. (b)(1) If the annuity of a missing annuitant is restored under Sec. 880.204(a), OPM...


terms annuitant, carrier, employee, employee organization, former spouse, health benefits plan, member of family, and service, have the meanings set forth in section 8901 of...


paragraph (c) of this section, is eligible to be enrolled in a health benefits plan at the time and under the conditions prescribed in this part. (b) An employee who...


corrections of administrative errors as to enrollment at any time. The employing office may make retroactive corrections of administrative errors that occur after...


(a) Who may file. Except as provided under Sec. 890.1112, an individual may request an agency or retirement system to reconsider an initial decision of its employing office...


Each health benefits carrier resolves claims filed under the plan. All health benefits claims must be submitted initially to the carrier of the covered individual's health...


For the purpose of making findings of fact and to the extent that conclusions of law may be required under any proceeding conducted in accordance with the provisions of...


must be brought against the employing office that made the enrollment decision. (b) A suit to review the legality of OPM's regulations under this part must be...


(a) OPM may waive the eligibility requirements under 5 U.S.C. 8905(b) for health benefits coverage as an annuitant in the case of an individual who fails to satisfy...


coverage during retirement. (a) Except as provided in paragraph (b) of this section, periods during which temporary employees are eligible under 5 U.S.C. 8906a...


to each carrier or its surrogate on a quarterly basis the names of the individuals who are enrolled in the carrier's plan in a format and containing such information...


approval by OPM, a health benefits plan shall meet the following standards. Once approved, a health benefits plan shall continue to meet the minimum standards. Failure on the...


[Code of Federal Regulations] [Title 5, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR890.202] [Page 442] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) PART 890_FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM--Table of Contents Subpart B_Health Benefits Plans Sec. 890.202 Minimum standards for health benefits carriers. The minimum standards for health benefits carriers for the FEHB Program shall be those contained in 48 CFR subpart 1609.70. [57 FR 14324, Apr. 20, 1992] ...


plans. (a) New plan applications. (1) The Director of OPM shall consider applications to participate in the FEHB Program from comprehensive medical plans (CMP's) at...


Director may withdraw approval of a health benefits plan or carrier if the standards at Sec. 890.201 of this part and 48 CFR subpart 1609.70 are not met. Such action carries with...


or the carrier may terminate a contract by giving a written notice of nonrenewal which includes an indication of the reason for the intended action. (b) Where termination...


enroll or change enrollment; effective dates. (a) Initial opportunity to enroll. An employee who becomes eligible may elect to enroll or not to enroll within 60 days...


all family members who are eligible to be covered by the enrollment. Except as provided in paragraphs (a) (2), (3), and (4) of this section, no employee, former...


otherwise provided by this part, the enrollment of an employee or annuitant eligible to continue enrollment continues without change when he or she moves from one...


subject to the temporary extension of coverage for conversion, at midnight of the earliest of the following dates: [[Page 453]] (i) The last day...


an employee or annuitant whose enrollment was terminated under Sec. 890.304(a)(1)(vi), (vii), or (viii) or Sec. 890.304(b)(4)(iii) is automatically reinstated on the day the...


(a) Requirements to continue coverage. (1) To be eligible to continue coverage in a plan under this part, a former employee in receipt of an annuity must meet...


paragraphs (b) and (f) of this section, when annuity or compensation is entirely waived or suspended, the annuitant's enrollment continues for not more than 3 months (not...


carrier that cannot reconcile its record of an individual's enrollment with agency enrollment records or does not receive documentation necessary to resolve the discrepancy...


(a) Thirty-one day extension and conversion. (1) An enrollee whose enrollment is terminated other than by cancellation of the enrollment or discontinuance of the plan, in whole...


subscription charges under all health benefits plans, for each enrolled employee who is paid biweekly, is the amount provided in section 8906 of title 5, United...


withholdings and contributions. (1) Except as provided in paragraphs (a)(2) and (g) of this section, an employee or annuitant is responsible for payment of the employee...


by OPM for payment to the plan for each enrollee, plus 4 percent, of which one part is for an administrative reserve and 3 parts are for a contingency reserve for...


Upon reorganization or merger of a plan, OPM must credit to the surviving plan the reserves of the reorganized or merged plan. If more than one plan survives,...


of premiums, contingency reserve, and interest distribution to FEHB Program carriers shall be those contained in 48 CFR subpart 1632.170. [57 FR 14324, Apr....


An annuitant (a retired employee or survivor under part 891 of this chapter) who is enrolled, or is eligible to enroll, under the Retired Federal Employees Health...


enrollment. An annuitant eligible to enroll under Sec. 890.601 may elect to enroll on and after August 8, 1978. [43 FR 35018, Aug. 8, 1978, as amended at 62...


The effective date of an enrollment under Sec. 890.602 is the first day of the first pay period after the election is received by the retirement system, but not earlier...


effective date. Benefits may not be limited for persons who, on the effective date of an enrollment under Sec. 890.602, are confined in a hospital...


Health benefits plan means the Government-wide Service Benefit Plan, the Government-wide Indemnity Benefit Plan, or an employee organization plan, as...


paragraph (b) of this section, if a contract between the Office of Personnel Management and a group health insurance carrier offering a health benefits plan subject to...


This subpart sets forth policies and procedures for obtaining health benefits coverage that are unique to former spouses of Federal employees...


court order acceptable for processing as defined in Sec. 838.103 of this chapter or qualifying court order as defined in Sec. 838.1003 of this chapter. [57 FR 33599, July...


this section, a former spouse is eligible to enroll in a health benefits plan under this part provided that-- (1) The former spouse whose marriage to an employee,...


requirements of Sec. 890.803 may elect coverage for self alone or for self and family. A family enrollment covers only the former spouse and any unmarried dependent natural...


the requirements in Sec. 890.803(a)(3) (iv) and (v) of this part, former spouses must apply for health benefits coverage-- (1) Within 60 days after dissolution of...


effective dates? (a) Initial opportunity to enroll. A former spouse who has met the eligibility requirements of Sec. 890.803 and the application time...


for former spouses meeting the requirements in Sec. 890.803(a)(3) (iv) and (v) of this part, a former spouse's enrollment terminates, subject to the temporary extension of...


former spouse's application for health benefits may be in the form of a Standard Form 2809, letter, or written statement to the employing office. Former spouses applying...


Source: 57 FR 10610, Mar. 27, 1992, unless otherwise noted. This subpart identifies the individuals whose charges and FEHB benefit payments for...


For purposes of this subpart, Retired enrolled individual means an individual who: (a)(1) Is covered by a Federal Employees Health Benefits plan...


(a) The limitation on the charges and FEHB benefit payments for inpatient hospital services apply to inpatient hospital services which...


FEHB benefit payment. (a) The FEHB plan's benefit payment for inpatient hospital services under this subpart is the amount calculated by the FEHB plan,...


inpatient hospital and physician charges. (a) Hospitals may not collect from FEHB plans and retired enrolled individuals for inpatient hospital services more than the...


individuals coinsurance payments. (a) A retired enrolled individual's coinsurance responsibility for inpatient hospital services is calculated in accordance with...


(a) The limitation specified in this subpart applies to inpatient hospital admissions commencing on or after January 1, 1992. (b) The limitation specified...


HHS. An FEHB plan, under the oversight of OPM, will notify the Secretary of HHS, or the Secretary's designee, if the plan finds that: (a) A hospital knowingly...


Neither OPM, nor the FEHB plans, will perform end-of-year settlements with, or make retroactive adjustments as a result of retroactive changes in...


The hospital provider information used to calculate the amount equivalent to the Medicare part A payment will be updated on an annual basis. [57...


Source: 68 FR 5475, Feb. 3, 2003, unless otherwise noted. General Provisions and Definitions (a) Scope. This subpart implements...


this subpart the words ``health care provider,'' ``provider,'' and ``he'' mean a health care provider(s) of either gender or as a business entity, in either the singular...


Carrier means an entity responsible for operating a health benefits plan described by 5 U.S.C. 8903 or 8903a. Community means a geographically-defined area in which a...


OPM shall debar a provider who is described by any category of offense set forth in 5 U.S.C. 8902a(b). (b) Direct involvement with an OPM program unnecessary. The...


OPM shall send a provider a written notice of a proposed mandatory debarment within 6 years of the event that forms the basis for the debarment. If the basis for the...


(a) Written notice. OPM shall inform a provider of his proposed debarment by written notice sent not less than 30 days prior to the proposed effective date. (b) Contents of...


based on a conviction. The statutory minimum period of debarment for a mandatory debarment based on a conviction is 3 years. (b) Debarment based on another agency's...


(a) Aggravating factors. OPM may debar a provider for longer than the 3-year minimum period for mandatory debarments if aggravating factors are associated with the basis...


(a) Contesting the debarment. Within 30 days after receiving OPM's notice of proposed mandatory debarment, a provider may submit information, documents, and written arguments...


(a) Prior adjudication is dispositive. Evidence indicating that a provider was formally adjudicated for a violation of any type set forth in 5 U.S.C. 8902a(b) fully satisfies the...


OPM may debar a health care provider to whom the provisions of 5 U.S.C. 8902a(c)(1) apply. OPM may take this action even if the provider retains current and...


(a) Licensure cases. If the basis for the proposed debarment is a licensure action, OPM shall send the provider a notice of proposed debarment within 6 years of the...


(a) Review factors. The factors OPM shall consider in deciding whether to propose a provider's debarment under a permissive debarment authority are: (1) The nature...


[Code of Federal Regulations] [Title 5, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR890.1014] [Page 487] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) PART 890_FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM--Table of Contents Subpart J_Administrative Sanctions Imposed Against Health Care Providers Sec. 890.1014 Notice of proposed permissive debarment. Notice of a proposed permissive debarment shall contain the information set forth in Sec. 890.1006. ...


(a) No mandatory minimum or upper limit on length of permissive debarment. There is neither a mandatory minimum debarment period nor a limitation on the maximum length of...


length of permissive debarments. (a) Aggravating factors. The presence of aggravating circumstances may support an OPM determination to increase the length of...


of a provider's professional licensure. (a) Indefinite term of debarment. Subject to the exceptions set forth in paragraph (b) of this section, debarment under...


by a sanctioned provider. OPM shall determine the length of debarments of entities under 5 U.S.C. 8902a(c)(2) based on the type of violation committed by...


control of a sanctioned entity. OPM shall determine the length of debarments of individual providers under 5 U.S.C. 8902a(c)(3) based on the type of violation committed...


deceptive claims. Debarments under 5 U.S.C. 8902a(c)(4) and (5) and 5 U.S.C. 8902a(d)(1) and (2) shall be for a period of 3 years, subject to adjustment based...


information needed to resolve claims. Debarments under 5 U.S.C. 8902a(d)(3) shall be for a period of 3 years, subject to adjustment based on the aggravating...


(a) Right to contest a proposed debarment. A provider proposed for debarment under a permissive debarment authority may challenge the debarment by filing a written contest with...


(a) Documents and oral and written arguments. A provider may submit documents and written arguments in opposition to the proposed debarment and/or the length of the proposed...


OPM shall demonstrate, by a preponderance of the evidence in the administrative record as a whole, that a provider has committed a...


In each contest, the debarring official shall determine whether a further fact-finding proceeding is required in addition to presentation of arguments, documents,...


(a) Debarring official's procedures. If a fact-finding proceeding is not required, the debarring official shall issue a final decision of a provider's contest within 30...


(a) Criteria for holding fact-finding proceeding. The debarring official shall request another OPM official (``presiding official'') to hold an additional...


(a) Informal proceeding. The presiding official may conduct the fact-finding proceedings as informally as practicable, consistent with principles of fundamental fairness. Formal rules...


(a) Findings shall be accepted. The debarring official shall accept the presiding official's findings of fact, unless they are arbitrary, capricious, or clearly erroneous. If...


formal proceedings. Suspension is a temporary action pending completion of an investigation or ensuing criminal, civil, or administrative proceedings. (b)...


OPM may suspend a provider if: (1) OPM obtains reliable evidence indicating that one of the grounds for suspension listed in paragraph (b) of this section applies to...


initial term of all suspensions shall be an indefinite period not to exceed 12 months. (b) Formal legal proceedings not initiated. If formal legal or administrative...


shall send written notice of suspension according to the procedures and methods described in Sec. 890.1006(c)- (f). (b) Contents of notice. The suspension notice shall...


[Code of Federal Regulations] [Title 5, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR890.1034] [Page 492] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) PART 890_FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM--Table of Contents Subpart J_Administrative Sanctions Imposed Against Health Care Providers Sec. 890.1034 Counting a period of suspension as part of a subsequent debarment. The debarring official may consider the provider's contiguous period of suspension when determining the length of a debarment. ...


contest of the suspension. A provider may challenge a suspension by filing a contest, in writing, with the suspending official not later than 30 days after receiving notice...


(a) Presenting information and arguments to the suspending official. A provider may submit documents and written arguments in opposition to the suspension, and may...


The suspending official may decide a contest without an additional fact-finding process if: (a) Previously adjudicated facts. The suspension is based on an indictment...


(a) Written decision. The suspending official shall issue a written decision on the contest within 30 days after the record closes for submitting evidence, arguments,...


(a) Criteria for holding fact-finding proceeding. The debarring official shall request another OPM official (``presiding official'') to hold an additional fact-finding...


(a) Informal proceeding. The presiding official may conduct the fact-finding proceedings as informally as practicable, consistent with principles of fundamental fairness. Specific rules...


(a) Presiding official's findings shall be accepted. The suspending official shall accept the presiding official's findings, unless they are arbitrary, capricious, or...


period. A debarment shall take effect not sooner than 30 days after the date of OPM's notice of proposed debarment, unless the debarring official specifically determines that...


payments prohibited. A debarred provider is not eligible to receive payment, directly or indirectly, from FEHBP funds for items or services furnished to a covered individual on...


When OPM debars or suspends a provider under this subpart, OPM shall notify: (a) All FEHBP carriers; (b) The General Services Administration, for...


of their provider. FEHBP carriers are required to notify covered individuals who have obtained items or services from a debarred or suspended provider...


emergency situations. A debarred health care provider may receive FEHBP funds paid for items or services furnished on an emergency basis if the FEHBP carrier...


(a) Covered individual admitted before debarment. If a covered person is admitted as an impatient before the effective date of an institutional provider's debarment, that provider...


of health care services in a community. (a) Application required. A provider may apply for a limited waiver of debarment at any time after receiving OPM's notice...


a debarred provider. (a) Covered individual unaware of debarment. FEHBP funds may be paid for items and services furnished by a debarred provider if, at the time...


(a) Request by a covered individual. Any individual enrolled in FEHBP may submit a request through their FEHBP carrier for continued payment of items or...


(a) Application required. Reinstatement is not automatic when the minimum period of a provider's debarment expires. The provider shall apply in writing to...


reinstate a provider without a reinstatement application if: (a) Conviction reversed. The conviction on which the provider's debarment was based is reversed or vacated by...


The procedures and effective dates for reinstatements under this subpart are: ------------------------------------------------------------------------ ...


OPM shall inform the FEHBP carriers, Government agencies and other organizations that were originally notified of a provider's debarment when a provider is reinstated...


reconsideration of the initial decision. A provider may contest OPM's decision to deny a reinstatement application by submitting documents and written arguments to the...


This subpart identifies the individuals who may temporarily continue coverage after the coverage would otherwise terminate under this part and sets forth...


a flagrant and extreme transgression of law or established rule of action for which an employee is separated and concerning which a judicial or administrative finding of...


section, individuals described by this section are eligible to elect temporary continuation of coverage under this subpart. Eligible individuals are as follows: (1)...


is eligible to elect temporary continuation of coverage under Sec. 890.1103(a)(1), the employing office must notify the former employee concerning his or her rights...


limitations and effective dates. (a) The election of temporary continuation of coverage may be in the form of a Standard Form 2809, letter, or written statement to...


under this subpart may elect coverage for self alone or self and family. (1) For an enrollee who is eligible for continued coverage under Sec. 890.1103(a) (1) or (2),...


of a former employee who is eligible for continued coverage under Sec. 890.1103(a)(1), the temporary continuation of coverage ends on the date that is 18 months after the date...


(a) Effective date--generally. Except as otherwise provided, a change of enrollment takes effect on the first day of the first pay period that begins after the date the employing...


of this section, the enrollee must pay the full enrollment charge as determined under Sec. 890.503(a), including both the Government contributions and employee...


under this subpart terminates at midnight of the earlier of the following dates: (1) The date the temporary continuation of coverage expires as set forth in...


employees. Employing offices are responsible for providing employees who are eligible to enroll under this part with literature developed by OPM that sets forth their...


gross misconduct. (a) Notice of denial. (1) When an employing office determines that the offense for which an employee is being removed constitutes gross...


administrative charge as provided under 5 U.S.C. 8905a(d)(1)(A)(ii) is 2 percent of the enrollment charge described in Sec. 890.503(a). (b) It is OPM's responsibility...


Purpose. Source: 55 FR 50537, Dec. 7, 1990, unless otherwise noted. This subpart sets forth the circumstances under which individuals are covered under...


Definitions. In this subpart-- Covered family members as it applies to individuals covered under this subpart has the same meaning as set forth in Sec....


Coverage. (a) An individual is covered under this subpart when the U.S. Department of State determines that the individual is eligible for coverage under...


Effective date of coverage. Unless the U.S. Department of State determines that a later date is appropriate, coverage under Sec. 890.1203(b) is effective on August...


Change in type of enrollment. (a) Individuals covered under this subpart or eligible survivors enrolled under this subpart may change from self only to self and...


Cancellation of coverage. (a) An individual who is covered under Sec. 890.1203(b) may cancel his or her enrollment at any time by written request. The cancellation...


Termination of coverage. (a) Coverage of an individual under Sec. 890.1203(b) terminates 60 months or 12 months after hostage status ended unless the individual...


Premiums. (a) Government and employee contributions (premiums) required under Sec. Sec. 890.501 and 890.502 of this part are paid from the appropriation...


Responsibilities of the U.S. Department of State. (a) The U.S. Department of State functions as the ``employing office'' for individuals covered under this subpart. ...


Reconsideration and appeal rights. (a) Under procedures set forth by the U.S. Department of State, an individual may request the U.S. Department of State to reconsider...


Source: 65 FR 35260, June 2, 2000, unless otherwise noted. The purpose of this subpart is to implement section 721 of the National Defense...


[Code of Federal Regulations] [Title 5, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR890.1302] [Page 507] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) PART 890_FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM--Table of Contents Subpart M_Department of Defense Federal Employees Health Benefits Program Demonstration Project Sec. 890.1302 Duration. The demonstration project will run from January 1, 2000, through December 31, 2002. ...


Eligibility. (a) To enroll in the demonstration project, an individual must live within one of the demonstration areas and meet the definition of an eligible beneficiary...


Enrollment. (a) Open Season for eligible beneficiaries will be held concurrent with the Open Season for regular FEHB enrollees. Open Seasons will be held in the years...


cancellation. (a) If an enrolled eligible beneficiary moves out of a demonstration area, the enrollment of the eligible beneficiary and all family members...


contributions. The Secretary of Defense is responsible for the government contribution for enrolled eligible beneficiaries and family members. The...


Data collection. Each carrier will compile, maintain, and when requested by OPM or DoD, report data on its plan's experience necessary to produce reports containing...


(a) All carriers who participate in the FEHB Program and provide benefits to enrollees in the geographic areas selected as demonstration project...


not apply to the Federal Employees Health Benefits Program which is governed by part 890 of this chapter. Part 890 of this chapter does not apply to the Retired Federal...


periodic payment due a former employee or his/ her survivors by reason of past service, but does not include compensation paid under subchapter I of chapter 81 of title 5,...


A retired employee who is enrolled or covered by the enrollment of another under part 890 of this chapter, or who is covered by the election of another retired employee under...


Worker's Compensation Program is responsible only for retired employees who are receiving compensation from the Office and is responsible even though the retired employee has...


at any time upon a showing satisfactory to OPM that it would be against equity and good conscience not to do so. [45 FR 23637, Apr....


request OPM to reconsider its initial decision that he/she is not eligible to make an election or to receive a Government contribution under the [[Page...


eligible retired employee was during the months of March and April 1961. Failure to elect when eligible to do so is deemed an election not to participate in the program...


the 4-week period for which a retired employee (other than a survivor) receives compensation. (b) A retired employee shall change his election in accordance...


includes the 4-week period for which a retired employee (other than a survivor) receives compensation. (b) When compensation is entirely suspended or annuity...


survivors receiving an annuity. (1) Each month, an amount equal to the current monthly premium paid by an individual for supplementary medical insurance under title XVIII...


the annuity or compensation of each of its retired employees who has elected to subscribe to the uniform plan so much as is necessary to pay his share of the cost of...


open to all eligible retired employees and members of their families, without regard to race, sex, health status, or age. It shall not deny or limit benefits because of any...


for which data are available, the carrier of the uniform plan shall have made at least 1 percent of all group health insurance benefit payments in the United States. If the...


Days mean calendar days. Dependent means a family member who is both eligible for coverage under the FEHB Program and a dependent as defined in section 152 of the...


does it work? Premium conversion is a method of reducing your taxable income by the amount of your contribution to your FEHB insurance premium. If you are a...


agency's decision about my pre-or post-tax election? You may use the reconsideration procedure set out at Sec. Sec. 890.104 of this chapter to request an agency...


(a) All employees in the Executive Branch of the FederalGovernment who are participating in the FEHB Program (as described in 5 U.S.C.8901), and whose pay...


plan? No, only current employees who are enrolled in the FEHBProgram are covered by the premium conversion plan. Former employees are not eligible. If you are...


If you are newly employed or newly eligible for FEHB in a covered Executive Branch agency (as described in Sec. 892.201(a)), your salary reduction (through a...


before the benefit first becomes effective? You must file a waiver form by the date set by your employing office, but not later than the day before...


conversion after the initial implementation? Yes, but the opportunity to waive premium conversion is limited. You may waive premium conversion: (a) During...


premium conversion? Yes, you may cancel a waiver and participate in premium conversion if: (a) You have a qualifying life event; the change in FEHB coverage...


I am participating in premium conversion? (a) Subject to the exceptions described in paragraphs (b) and (c) of this section, you can make changes to your...


family to self only at any time? If you are participating in premium conversion you may change your FEHB enrollment from self and family to self only under either...


time? If you are participating in premium conversion you may cancel your FEHB coverage: (a) During the annual open season. A cancellation made during the...


date of an FEHB enrollment, change in enrollment, or cancellation of enrollment? No. If you are participating in premium conversion, the effective date of an...


I go on a period of leave without pay (LWOP) or other types of non-pay status? (a) Your commencement of a period of LWOP is a qualifying life event as described in...


As a participant in premium conversion, instead of having your premium withheld from after-tax salary, your salary will be reduced (through a Federal allotment) by the...


Yes, your employer will still pay the same share of your premium as provided in the Federal Employees Health Benefits Act, and Sec. 890.501 of this chapter....


under the premium conversion plan? No, your employer must take your contribution to your FEHB premium from your salary to qualify for...


if I retire and then come back to work for the Federal Government? (a) If you are a retired individual enrolled in FEHB who is receiving an annuity and you...


well as an active Federal employee; am I eligible for premium conversion? (a) If you are a survivor annuitant enrolled in FEHB who is receiving an annuity and you...


of 1964 Sec. 900.401 Purpose. Authority: Sec. 602, 78 Stat. 252 (42 U.S.C. 2000d-1). Source: 38 FR 17920, July 5, 1973,...


of 1964 Sec. 900.402 Application of this subpart. (a) This subpart applies to each program for which Federal financial...


of 1964 Sec. 900.403 Definitions. Unless the context requires otherwise, in this subpart: (a) Applicant means a person...


of 1964 Sec. 900.404 Discrimination prohibited. (a) General. A person in the United States shall not, on the ground of race,...


of 1964 Sec. 900.405 Assurances required. (a) General. (1) An application for Federal financial assistance to carry out a...


of 1964 Sec. 900.406 Compliance information. (a) Cooperation and assistance. OPM, to the fullest extent practicable, shall seek...


of 1964 Sec. 900.407 Conduct of investigations. (a) Periodic compliance reviews. OPM may from time to time review the practices...


of 1964 Sec. 900.408 Procedure for effecting compliance. (a) General. (1) If there appears to be a failure or threatened failure...


of 1964 Sec. 900.409 Hearings. (a) Opportunity for hearing. When an opportunity for a hearing is required by Sec....


of 1964 Sec. 900.410 Decisions and notices. (a) Procedure on decisions by hearing examiner. If the hearing is held...


of 1964 Sec. 900.411 Judicial review. Action taken pursuant to section 602 of title VI is subject to judicial review as provided...


of 1964 Sec. 900.412 Effect on other regulations, forms, and instructions. (a) Effect on other regulations. Regulations, orders, or...


3 CFR part 557 (1971- 1975 Compilation). Source: 48 FR 9210, Mar. 4, 1983, unless otherwise noted. (a) The purpose of these regulations is to...


State and local governments that are required to operate merit personnel systems as a condition of eligibility for Federal assistance or participation in an...


The quality of public service can be improved by the development of systems of personnel administration consistent with such merit principles as-- (a)...


Certification of agreement by a chief executive of a State or local jurisdiction to maintain a system of personnel administration in conformance with these Standards...


adopt regulations that require the establishment of a merit personnel system as a condition for receiving Federal assistance or otherwise participating in an...


Purpose. Authority: 29 U.S.C. 794. Source: 45 FR 75569, Nov. 14, 1980, unless otherwise noted. The purpose of this part is to effectuate...


Applicability. This subpart applies to each activity, program or project receiving Federal financial assistance from the Office of Personnel Management from the...


Definitions. Unless the content requires otherwise, in this subpart: (a) Recipient means any State or its political subdivisions, any instrumentality of a...


Discrimination prohibited. (a) No qualified handicapped person shall, on the basis of handcap, be excluded from participation in, be denied the benefits of,...


Program accessibility. (a) No qualified handicapped person shall, because a recipient's facilities are inaccessible to or unusable by handicapped persons,...


Employment practices. (a) General. (1) No qualified handicapped person shall, on the basis of handicap, be subjected to discrimination in employment under...


Certification required. (a) General. Each application to OPM for financial assistance, as a condition to its approval and the extension of financial assistance,...


Self-evaluation. (a) Each recipient shall, within one year of the receipt of financial assistance, conduct or have conducted an evaluation of its compliance with...


Notice and consultation. (a) Programs and activities receiving OPM financial support shall take appropriate initial and continuing steps to notify...


Procedure for effecting compliance. When the Office of Personnel Management determines that a recipient has failed or threatens to fail to comply with this subpart and...


information of State and local criminal justice agencies to determine whether a person may-- (1) Be eligible for access to classified information; (2) Be assigned...


criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, indictments, informations, or other formal criminal charges,...


an indemnification agreement. (a) To be eligible for an indemnification agreement, a State or locality must have had a law in effect on December 4, 1985,...


State or locality must-- (a) Certify that on December 4, 1985, the State or locality had in effect a law that prohibited or had the effect of prohibiting the...


(a) Eligibility. The State or locality must certify that its law prohibits or has the effect of prohibiting the disclosure of criminal history record information...


to a broad topic or specific audience with special responsibilities, as shown in the...


and business community to use. The section headings and text, often in the form of questions and answers, must be read together. (b) Pronouns used within this part,...


terms are defined in Subpart I of this part. For example, three important terms are-- (a) Exclusion or excluded, which refers only to discretionary actions taken...


of debarment and suspension for OPM nonprocurement activities. It also provides for reciprocal exclusion of persons who have been excluded under the...


table at Sec. 919.25(b)) apply to you if you are a(n)-- (a) Person who has been, is, or may reasonably be expected to be, a participant or principal in a...


(a) To protect the public interest, the Federal Government ensures the integrity of Federal programs by conducting business only with...


With the exceptions stated in Sec. Sec. 919.120, 919.315, and 919.420, a person who is excluded by the OPM or any other Federal agency may not: ...


a covered transaction? (a) The Debarring Official may grant an exception permitting an excluded person to participate in a particular covered transaction. If...


eligibility for Federal procurement contracts? If any Federal agency excludes a person under its nonprocurement common rule on or after August 25, 1995, the...


eligibility to participate in nonprocurement transactions? If any Federal agency excludes a person under the FAR on or after August 25, 1995, the excluded person is...


a nonprocurement transaction? Given a cause that justifies an exclusion under this part, we may exclude any person who has been involved, is currently involved, or...


List System (EPLS) to determine whether a person is excluded. The General Services Administration (GSA) maintains the EPLS and makes it available, as detailed in subpart...


as those who are excluded from nonprocurement transactions? Except if provided for in Subpart J of this part, this part-- (a) Addresses disqualified persons only...


is a nonprocurement or procurement transaction that is subject to the prohibitions of this part. It may be a transaction at-- (a) The primary tier, between a...


The importance of a covered transaction depends upon who you are. (a) As a participant in the transaction, you have the responsibilities laid out...


All nonprocurement transactions, as defined in Sec. 919.970, are covered transactions unless listed in Sec. 919.215. (See appendix to...


The following types of nonprocurement transactions are not covered transactions: (a) A direct award to-- (1) A foreign government or foreign...


(a) Covered transactions under this part-- (1) Do not include any procurement contracts awarded directly by a Federal agency; but (2) Do include...


a covered transaction? As a participant in a transaction, you will know that it is a covered transaction because the agency regulations governing the transaction,...


with another person at the next lower tier? Doing Business With Other Persons When you enter into a covered transaction...


an excluded or disqualified person? (a) You as a participant may not enter into a covered transaction with an excluded person, unless the OPM grants an exception...


person with whom I am already doing business in a covered transaction? (a) You as a participant may continue covered transactions with an excluded person if...


as a principal under a covered transaction? (a) You as a participant may continue to use the services of an excluded person as a principal under a covered...


are eligible to participate? Yes, you as a participant are responsible for determining whether any of your principals of your covered transactions is...


in a covered transaction? If as a participant you knowingly do business with an excluded person, we may disallow costs, annul or terminate the transaction,...


lower tiers with whom I intend to do business? Before entering into a covered transaction with a participant at the next lower tier, you must require that...


into a covered transaction with the OPM? Before you enter into a covered transaction at the primary tier, you as the participant must notify the OPM office that...


Sec. 919.335, will I be prevented from participating in the transaction? As a primary tier participant, your disclosure of unfavorable information about...


under Sec. 919.335? If we later determine that you failed to disclose information under Sec. 919.335 that you knew at the time you entered into the...


under Sec. 919.335 after entering into a covered transaction with the OPM? At any time after you enter into a covered transaction, you must give immediate...


participant before entering into a covered transaction with that participant? Before you enter into a covered transaction with a person at the next higher tier,...


required under Sec. 919.355? If we later determine that you failed to tell the person at the higher tier that you were excluded or disqualified at the time...


under Sec. 919.355 after entering into a covered transaction with a higher tier participant? At any time after you enter into a lower tier covered...


or disqualified person? (a) You as an agency official may not enter into a covered transaction with an excluded person unless you obtain an exception...


a participant if a principal of the transaction is excluded? As an agency official, you may not enter into a covered transaction with a participant if you know that...


of an excluded person? After entering into a covered transaction with a participant, you as an agency official may not approve a participant's use of an...


the participant or a principal after I enter into a covered transaction? (a) You as an agency official may continue covered transactions with an excluded person,...


disqualified person at a lower tier? If a transaction at a lower tier is subject to your approval, you as an agency official may not approve-- (a) A...


disqualified? As an agency official, you must check to see if a person is excluded or disqualified before you-- (a) Enter into a primary tier...


disqualified? You check to see if a person is excluded or disqualified in two ways: (a) You as an agency official must check the EPLS when you take any...


You as an agency official must require each participant in a primary tier covered transaction to-- (a) Comply with subpart C of this part as a condition...


to participants? To communicate the requirement, you must include a term or condition in the transaction requiring the participants' compliance with subpart...


knowingly does business with an excluded or disqualified person? If a participant knowingly does business with an excluded or disqualified person, you as...


fails to disclose the information required under Sec. 919.335? If you as an agency official determine that a participant failed to disclose information,...


to disclose the information required under Sec. 919.355 to the next higher tier? If you as an agency official determine that a lower tier participant...


The EPLS is a widely available source of the most current information about persons who are excluded or disqualified from...


the EPLS to determine whether to enter into a transaction with a person, as required under Sec. 919.430. (b) Participants also may, but are not required to, use the EPLS...


OMB guidelines, the General Services Administration (GSA) maintains the EPLS. When a Federal agency takes an action to exclude a person under the nonprocurement or...


(a) At a minimum, the EPLS indicates-- (1) The full name (where available) and address of each excluded or disqualified person, in alphabetical order, with cross references...


Federal officials who take actions to exclude persons under this part or officials who are responsible for identifying disqualified persons must enter the following information...


If you have questions about a person in the EPLS, ask the point of contact for the Federal agency that placed the person's name into the EPLS. You may find the...


EPLS through the Internet, currently at http://epls.arnet.gov. (b) As of November 26, 2003, you may also subscribe to a printed version. However, we...


How do suspension and debarment actions start? When we receive information from any source concerning a cause for suspension or debarment, we will promptly report...


How does suspension differ from debarment? Suspension differs from debarment in that-- ------------------------------------------------------------------------ ...


What procedures does the OPM use in suspension and debarment actions? In deciding whether to suspend or debar you, we handle the actions as informally as...


How does the OPM notify a person of a suspension or debarment action? (a) The suspending or debarring official sends a written notice to the last known street...


Do Federal agencies coordinate suspension and debarment actions? Yes, when more than one Federal agency has an interest in a suspension or debarment, the agencies may...


What is the scope of a suspension or debarment? If you are suspended or debarred, the suspension or debarment is effective as follows: (a) Your suspension...


May the OPM impute conduct of one person to another? For purposes of actions taken under this rule, we may impute conduct as follows: (a) Conduct imputed from...


May the OPM settle a debarment or suspension action? Yes, we may settle a debarment or suspension action at any time if it is in the best interest of the...


May a settlement include a voluntary exclusion? Yes, if we enter into a settlement with you in which you agree to be excluded, it is called a voluntary exclusion and...


Do other Federal agencies know if the OPM agrees to a voluntary exclusion? (a) Yes, we enter information regarding a voluntary exclusion into the EPLS. (b)...


Suspension is a serious action. Using the procedures of this subpart and subpart F of this part, the suspending official may impose suspension only when that official...


(a) In determining the adequacy of the evidence to support the suspension, the suspending official considers how much information is available, how credible...


[Code of Federal Regulations] [Title 5, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR919.710] [Page 557] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) PART 919_GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)--Table of Contents Subpart G_Suspension Sec. 919.710 When does a suspension take effect? A suspension is effective when the suspending official signs the decision to suspend. ...


After deciding to suspend you, the suspending official promptly sends you a Notice of Suspension advising you-- (a) That you have been suspended; (b)...


to contest a suspension, you or your representative must provide the suspending official with information in opposition to the suspension. You may do this orally or in...


As a respondent you or your representative must either send, or make rrangements to appear and present, the information and argument to the suspending official within 30 days after...


I contest a suspension? (a) In addition to any information and argument in opposition, as a respondent your submission to the suspending official must identify-- ...


the facts on which the suspension is based? (a) You as a respondent will not have an additional opportunity to challenge the facts if the suspending official...


are conducted in a fair and informal manner. The suspending official may use flexible procedures to allow you to present matters in opposition. In so doing, the...


conducted-- (1) You may present witnesses and other evidence, and confront any witness presented; and (2) The fact-finder must prepare written findings of fact for...


continue or terminate my suspension? (a) The suspending official bases the decision on all information contained in the official record. The record includes-- ...


The suspending official must make a written decision whether to continue, modify, or terminate your suspension within 45 days of closing the official record....


proceedings are initiated at the time of, or during your suspension, the suspension may continue until the conclusion of those proceedings. However, if proceedings are...


a person for-- (a) Conviction of or civil judgment for-- (1) Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing...


debarment? After consideration of the causes in Sec. 919.800 of this subpart, if the debarring official proposes to debar you, the official sends you a Notice...


effective until the debarring official issues a decision. The debarring official does not issue a decision until the respondent has had an opportunity to contest the...


respondent wish to contest a proposed debarment, you or your representative must provide the debarring official with information in opposition to the proposed debarment. You may do...


(a) As a respondent you or your representative must either send, or make arrangements to appear and present, the information and argument to the debarring official within 30...


contest a proposed debarment? (a) In addition to any information and argument in opposition, as a respondent your submission to the debarring official must identify-- ...


the facts on which a proposed debarment is based? (a) You as a respondent will not have an additional opportunity to challenge the facts if the debarring...


conducted in a fair and informal manner. The debarring official may use flexible procedures to allow you as a respondent to present matters in opposition. In so doing,...


conducted-- (1) You may present witnesses and other evidence, and confront any witness presented; and (2) The fact-finder must prepare written findings of fact for...


debar me? (a) The debarring official may debar you for any of the causes in Sec. 919.800. However, the official need not debar you even if a cause for debarment...


(a) In any debarment action, we must establish the cause for debarment by a preponderance of the evidence. (b) If the proposed debarment is based upon a conviction or...


(a) We have the burden to prove that a cause for debarment exists. (b) Once a cause for debarment is established, you as a respondent have the burden of demonstrating to...


This section lists the mitigating and aggravating factors that the debarring [[Page 562]] official may consider in determining whether to debar you...


decides to debar you, your period of debarment will be based on the seriousness of the cause(s) upon which your debarment is based. Generally, debarment should not...


(a) The debarring official must make a written decision whether to debar within 45 days of closing the official record. The official record closes upon the debarring official's...


me? Yes, as a debarred person you may ask the debarring official to reconsider the debarment decision or to reduce the time period or scope of the debarment....


The debarring official may reduce or terminate your debarment based on-- (a) Newly discovered material evidence; (b) A reversal of the conviction...


the debarring official may extend a debarment for an additional period, if that official determines that an extension is necessary to protect the public interest. ...


[Code of Federal Regulations] [Title 5, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR919.900] [Page 563] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) PART 919_GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)--Table of Contents Subpart I_Definitions Sec. 919.900 Adequate evidence. Adequate evidence means information sufficient to support the reasonable belief that a particular act or omission has occurred. ...


directly or indirectly, either one controls or has the power to control the other or a third person controls or has the power to control both. The ways we use to determine...


military department, defense agency, or any other agency of the executive branch. Other agencies of the Federal government are not considered ``agencies'' for the...


[Code of Federal Regulations] [Title 5, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR919.915] [Page 564] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) PART 919_GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)--Table of Contents Subpart I_Definitions Sec. 919.915 Agent or representative. Agent or representative means any person who acts on behalf of, or who is authorized to commit, a participant in a covered transaction. ...


a civil action by any court of competent jurisdiction, whether by verdict, decision, settlement, stipulation, other disposition which creates a civil liability for...


any other determination of guilt of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or plea, including a plea of nolo contendere; or ...


official under subpart H of this part to exclude a person from participating in covered transactions and transactions covered under the Federal Acquisition Regulation (48...


agency official who is authorized to impose debarment. A debarring official is either-- (1) The agency head; or (2) An official designated by the agency head. ...


from participating in specified Federal procurement or nonprocurement transactions as required under a statute, Executive order (other than Executive Orders 12549...


(a) That a person or commodity is prohibited from being a participant in covered transactions, whether the person has been suspended; debarred; proposed for debarment under...


(EPLS) means the list maintained and disseminated by the General Services Administration (GSA) containing the names and other information about persons who are ineligible....


offense. A presentment, information, or other filing by a competent authority charging a criminal offense shall be given the same effect as an...


[Code of Federal Regulations] [Title 5, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR919.960] [Page 565] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) PART 919_GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)--Table of Contents Subpart I_Definitions Sec. 919.960 Ineligible or ineligibility. Ineligible or ineligibility means that a person or commodity is prohibited from covered transactions because of an exclusion or disqualification. ...


or any civil judicial proceeding, including a proceeding under the Program Fraud Civil Remedies Act (31 U.S.C. 3801-3812), to which the Federal Government or a...


any transaction, regardless of type (except procurement contracts), including, but not limited to the following: (1) Grants. (2)...


[Code of Federal Regulations] [Title 5, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR919.975] [Page 565] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) PART 919_GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)--Table of Contents Subpart I_Definitions Sec. 919.975 Notice. Notice means a written communication served in person, sent by certified mail or its equivalent, or sent electronically by e-mail or facsimile. (See Sec. 919.615.) ...


[Code of Federal Regulations] [Title 5, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR919.980] [Page 565] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) PART 919_GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)--Table of Contents Subpart I_Definitions Sec. 919.980 Participant. Participant means any person who submits a proposal for or who enters into a covered transaction, including an agent or representative of a participant. ...


[Code of Federal Regulations] [Title 5, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR919.985] [Page 565] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) PART 919_GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)--Table of Contents Subpart I_Definitions Sec. 919.985 Person. Person means any individual, corporation, partnership, association, unit of government, or legal entity, however organized. ...


evidence means proof by information that, compared with information opposing it, leads to the conclusion that the fact at issue is more probably true...


owner, partner, principal investigator, or other person within a participant with management or supervisory responsibilities related to a covered transaction; or ...


[Code of Federal Regulations] [Title 5, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR919.1000] [Page 565] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) PART 919_GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)--Table of Contents Subpart I_Definitions Sec. 919.1000 Respondent. Respondent means a person against whom an agency has initiated a debarment or suspension action. ...


of the United States; (2) The District of Columbia; (3) The Commonwealth of Puerto Rico; (4) Any territory or possession of the United States; or (5)...


agency official who is authorized to impose suspension. The suspending official is either: (1) The agency head; or (2) An official designated by the agency head. ...


official under subpart G of this part that immediately prohibits a person from participating in covered transactions and transactions covered under the Federal...


exclusion means a person's agreement to be excluded under the terms of a settlement between the person and one or more agencies. Voluntary exclusion must have...


7301; 40 U.S.C. 491; E.O. 10577, 3 CFR, 1954--1958 Comp., p. 218; E.O. 11222, 3 CFR, 1964--1965 Comp., p. 306. (Separate authority is listed under Sec. 930.107). ...


Agency means a department, independent establishment, or other unit of the executive branch of the Federal Government, including a wholly owned Government corporation, in the...


authorizing their employees to operate Government-owned or -leased motor vehicles for official purposes within the States of the Union, the District of Columbia, Puerto...


agencies (a) establish an efficient and effective system to identify those Federal employees who are qualified and authorized to operate Government-owned or -leased motor...


positions. (a) An agency may fill motor vehicle operator positions in the competitive or excepted services by any of the methods normally authorized for...


An agency may detail an employee to an operator position in the competitive service for 30 days or less when the employee possesses a State license. For details exceeding 30 days,...


conditions, OPM or an agency head or his or her designated representative may waive the road test: (a) OPM waives the road test requirement for operators of vehicles...


every 4 years, each agency will ensure that employees who operate Government-owned or leased vehicles are medically able to do so without undue risk to themselves or others....


(a) At least once every 4 years, each agency will review each employee's authorization to operate Government-owned or -leased motor vehicles. (b) An agency may renew...


Agencies must have procedures to identify employees who are authorized to operate Government-owned or -leased motor vehicles. Such procedures...


incidental operator will have a State license in his or her possession at all times while driving a Government-owned or - leased motor vehicle on a...


The operator or incidental operator will have a valid agency identification card or document (e.g., building pass or credential) in his or her possession at all times...


adverse, disciplinary, or other appropriate action against an operator or an incidental operator in accordance with applicable laws and regulations. Agency orders and directives...


OPM, on request (a) a copy of agency orders and directives issued in compliance with this subpart; and (b) such other reports as OPM may require for adequate administration...


Agencies may request authority from OPM to waive requirements in this subpart. OPM may grant exceptions or waivers when it finds these waivers or exceptions are in the interest of...


U.S.C. 1104(a)(2), 1305, 3105, 3323(b), 3344, 4301(2)(D), 5372, 7521. Source 52 FR 34203, Sept. 10, 1987, unless otherwise noted. ...


(a) Agency has the same meaning as given in 5 U.S.C. 551. (b) Detail means the temporary assignment of an employee from one position to another position...


Periodic open competition. Applicants for entrance into the competitive service as administrative law judges will be examined periodically in open competition as announced by...


(a) Prior approval. An agency may make an appointment to an administrative law judge position only with the prior approval of OPM, except when it makes its selection from a certificate...


The title ``administrative law judge'' is the official class title for an administrative law judge position. Each agency will use only this official class title...


places an occupied administrative law judge position at a higher level, OPM will direct the promotion of the incumbent administrative law judge. The promotion will be effective...


may reassign an administrative law judge who is serving under absolute appointment from one administrative law judge position to another administrative law judge position at the...


may transfer an administrative law judge from another agency with the prior approval of OPM on a noncompetitive basis in accordance with regular civil service procedures,...


may reinstate former administrative law judges who have served with absolute status under 5 U.S.C. 3105 only after they have established their eligibility in accordance with...


352 and 353 of this chapter governing reemployment rights and restoration to duty after military service or recovery from compensable injury, [[Page 573]] also...


(a) An agency may not detail an employee who is not an administrative law judge to an administrative law judge position. (b) An agency may assign an...


place each administrative law judges position in one of the three grades or levels of basic pay, AL-3, AL-2, or AL-1, of the Administrative Law Judge Pay System established under...


[Code of Federal Regulations] [Title 5, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR930.211] [Page 575] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) PART 930_PROGRAMS FOR SPECIFIC POSITIONS AND EXAMINATIONS (MISCELLANEOUS) --Table of Contents Subpart B_Appointment, Pay, and Removal of Administrative Law Judges Sec. 930.211 Performance rating. An agency shall not rate the performance of an administrative law judge. ...


[Code of Federal Regulations] [Title 5, Volume 2] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR930.212] [Page 575] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) PART 930_PROGRAMS FOR SPECIFIC POSITIONS AND EXAMINATIONS (MISCELLANEOUS) --Table of Contents Subpart B_Appointment, Pay, and Removal of Administrative Law Judges Sec. 930.212 Rotation of administrative law judges. Insofar as practicable, an agency shall assign its administrative law judges in rotation to cases. ...


detail from other agencies. (a) An agency that is occasionally or temporarily insufficiently staffed with administrative law judges may ask OPM to provide for...


judges. (a) Procedures. An agency may remove, suspend, reduce in grade, reduce in pay, or furlough for 30 days or less, an administrative law judge only for good...


(a) Retention preference regulations. Except as modified by this section, the reduction-in-force regulations in part 351 of this chapter apply to reductions in force...


law judges. (a)(1) Subject to the requirements and limitations of this section, the following annuitants, as defined by 5 U.S.C. 8331, who are receiving...


930.301 Definitions. Authority: 40 U.S.C. 759 note. Source: 56 FR 63403, Dec. 4, 1991, unless otherwise noted. (a) The amount and type...


930.302 Training requirement. The head of each agency shall identify employees responsible for the management or use of computer systems that process...


930.303 Initial training. The head of each agency shall provide the training outlined in Sec. 930.302 of this subpart to all such new employees within 60 days...


930.304 Continuing training. The head of each agency shall provide training whenever there is a significant change in the agency information security environment...


930.305 Refresher training. Computer security refresher training shall be given as frequently as determined necessary by the agency based on the sensitivity of...


Definitions. Administrative Expenses, PCFO Expenses, Campaign Expenses, or CFC Expenses means all documented expenses identified in the PCFO application relating to...


Scope of the Combined Federal Campaign. (a) The CFC is the only authorized solicitation of employees in the Federal workplace on behalf of charitable organizations....


Establishing a local campaign. (a) The Director establishes and maintains the official list of local campaigns and the geographical area each covers. There is...


Local Federal Coordinating Committee responsibilities. (a) All members of the LFCC should develop an understanding of campaign regulations and procedures. The LFCC is...


Principal Combined Fund Organization (PCFO) responsibilities. (a) Only federations, charitable organizations or combinations thereof may serve as the PCFO. (b)...


PCFO expense recovery. (a) The PCFO shall recover from the gross receipts of the campaign its expenses, approved by the LFCC, reflecting the actual costs...


Lack of a qualified PCFO. There is no authority in statute or regulation for an LFCC or any Federal official or employee to assume the duties and responsibilities of...


Preventing coercive activity. True voluntary giving is fundamental to Federal fundraising activities. Actions that do not allow free choices or create the...


Avoidance of conflict of interest. Any Federal employee who serves on the LFCC, on the eligibility committee, or as a Federal agency fundraising program coordinator,...


Prohibited discrimination. Discrimination for or against any individual or group on account of race, color, religion, sex, national origin, age, handicap, or...


National list eligibility. (a) The Director shall annually: [[Page 587]] (1) Determine the timetable and other procedures regarding...


National list eligibility requirements. All organizations seeking national list eligibility must: (a) Certify that it provides or conducts real services,...


Public accountability standards. (a) To insure organizations wishing to solicit donations from Federal employees in the workplace are portraying accurately...


Local list eligibility. (a) The LFCC shall establish an annual application process consistent with these regulations for organizations that wish to be listed in...


Appeals. (a) Organizations who apply and are denied eligibility for inclusion on the national list will be notified of the Director's decision by registered...


National federations eligibility. (a) The Director may recognize national federations that conform to the requirements and are eligible to receive designations....


of national federations. (a) National federations must ensure that only those member organizations that comply with all eligibility requirements included...


Local federations eligibility. (a) LFCC's must approve local federations that conform to the requirements. (b) By applying for inclusion in the CFC, federations...


of local federations. (a) Local federations must ensure that only those member organizations that comply with all eligibility requirements included in...


Campaign and publicity materials. (a) The specific campaign and publicity materials, such as the official brochure, will be developed locally, except as specified...


Pledge card. (a) The Director will make available each campaign year at least one model pledge card which shall be reproduced at the local level. (b) Campaigns...


Penalties. A PCFO's failure to comply with these regulations may result in either disqualification from future service as PCFO, disqualification as a...


Applicability. (a) All undesignated funds shall be distributed to all of the organizations in the CFC brochure in the same proportion that they received designations...


Release of contributor names. (a) The pledge card, designed pursuant to Sec. 950.402, must allow an employee to indicate if the employee does not wish his or her...


Solicitation methods. (a) Employee solicitations shall be conducted during duty hours using methods that permit true voluntary giving and shall reserve to the...


Sanctions. (a) Sanctions not specifically provided for elsewhere in these regulations, may be imposed on an organization, federation or PCFO...


Records retention. Federations, PCFO's and other participants in the CFC shall retain documents pertinent to the campaign for at least three campaign years....


DoD overseas campaign. (a) A Combined Federal Campaign is authorized for all Department of Defense (DoD) activities in the overseas areas during a 6-week period...


Campaign schedule. (a) The Combined Federal Campaign will be conducted according to the following timetable. (1) During one 30-calendar day period between...


Payroll allotment. The policies and procedures in this section are authorized for payroll withholding operations in accordance with the Office of...


(b) The term Executive agency means a department, agency, or independent establishment in the Executive Branch. [[Page 600]] (c) The term metropolitan...


Executive Branch activities in selected centers of field operations. Federal Executive Boards are organized and function under the authority of...


Boston, Buffalo, Chicago, Cincinnati, Cleveland, Dallas-Fort Worth, Denver, Detroit, Honolulu, Houston, Kansas City, Los Angeles, Miami, Minneapolis-St. Paul,...


field activities to participate personally in the work of Federal Executive Boards. (b) Members. The head of every Executive agency shall designate, by...


the approval of the Director. Such by-laws and other rules may reflect the particular needs, resources, and customs of each Federal Executive Board, provided that they are...


the Federal Executive Boards. The Director shall direct and oversee the operations of Federal Executive Boards consistent with law and with the directives of the President. He...


to Executive Branch activities in the metropolitan area. Each Federal Executive Board shall consider common management and program problems and develop...


Boards. [49 FR 34194, Aug. 29, 1984, as amended at 66 FR 66712, Dec. 27, 2001] [[Page 603]] PART...


claim or an appeal under section 3502, 3503, or 7701 of title 5, United States Code, may appear in a proceeding in connection therewith either personally or by a...


who is a citizen of the United States, or who has declared his intention to become a citizen of the United States, may be designated as an agent. A person (other than...


by OPM may be recognized in the presentation of claims or appeals under section 3502, 3503, or 7701 of title 5, United States Code, when the proper officers thereof...


recognized service organization shall file with OPM, on the prescribed form (OPM Form 306), the name of any officer whom it desires to be recognized as its accredited...


(a) Before a service organization may be recognized in an individual claim or appeal, there shall be filed a designation duly executed by the claimant or appellant,...


practice of law in any place or the giving of any service except the authorized participation in agency proceedings by agents or accredited representatives who have...


part, employees of the Office of Personnel Management (OPM) should refer to: (a) The Standards for Ethical Conduct for Employees of the Executive Branch at 5 CFR...


to collect or gain access to personal data about individuals beyond that required by or authorized for the performance of assigned duties. (b) An employee should not use...




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