Office of Personnel Management

Retirement and Insurance Service

1920 1954 1959 

 

1986 

Benefits Administration Letter

Number: 95-210 Date: March 21, 1995

SUBJECT: Waivers of the FEHB Participation Requirement

 

Purpose The purpose of this letter is to respond to

additional questions about how the automatic

waiver procedures set forth in Insurance

Officers Information Bulletin (IOIB) No. 296

will apply for employees who separate after

March 31, 1995.

 

Employees who get

a buyout but

separate after

3/31/95

In our BAL 95-209 we explained that we did

not intend to extend the automatic waiver

procedures beyond the termination of the

statutory buyout period. We have been asked

if employees who receive buyouts, but whose

separation is extended beyond March 31, 1995,

will be subject to the automatic waiver

procedures.

The answer is yes. Employees who actually

receive buyouts have met the requirements of

the statute as of March 31, 1995, even though

their separation date is later. They

continue to be eligible for the automatic

waivers if they otherwise meet the

requirements of IOIB No. 296. 

 

Individual

early-out

extensions

OPM sent an IAG memorandum to Directors of

Personnel on October 31, 1994, giving them

the authority to extend the actual separation

date of an employee who does not receive a

buyout past the ending date of an
2

installation's voluntary early retirement

window. We have been asked whether automatic

waiver procedures will apply to these

employees after March 31, 1995, in the

absence of a buyout.

The answer is no, because it would be too

difficult to identify these employees during

the retirement adjudication process. 

Instead, these employees should explain in

their waiver request that their retirement is

occurring during a period covered by an early

retirement authority. If the retirement will

not occur during an early retirement period,

they must provide documentation showing that

the agency granted an individual extension. 

In this way these employees can identify

themselves so that we can include this

circumstance in our consideration of their

waiver request. 

 

Documentation

requirements

Employees who request waivers based on early

retirement after March 31, 1995, and who do

not receive buyouts should include with their

request documentation showing:

1. Enrollment in the FEHB Program before

March 30, 1994, and continuing to the

present; for example, an SF 2809

showing an effective date before

March 30, 1994.

NOTE: It isn't necessary for the

person to remain in the same plan for

the entire period. A person who

changed plans after March 30, 1994,

should include copies of any SF

2809's showing later enrollment

changes. 

2. The agency's early-out authority. 

(This might be a copy of OPM's

authorization for early retirements

or a statement from the employing

office concerning the early

retirement authority.)

These documentation requirements apply to all

non-defense department employees who retire
3

during early retirement authorities after

March 31, 1995. Employees given an

individual early-out extension as explained

in the preceding section must also provide

documentation from the agency authorizing the

extension.

The mailing address for waivers was given in

BAL 95-209.