(a)Who may file. Except as noted in paragraph (b) of this section, any individual whose rights or interests under FERS are affected by an OPM decision (under § 841.305) stating the right to request reconsideration may request OPM to review its initial decision.
(b)Actions covered elsewhere.
(1) A request for reconsideration of termination of annuity payments under 5 U.S.C. 8311 through 22 will be made in accordance with the procedures set out in subpart K of part 831 of this chapter.
(2) A request for reconsideration of a decision to collect a debt will be made in accordance with § 845.204(b).
(3) A decision on court orders affecting FERS benefits will be made in accordance with subpart I of this part.
(c)Reconsideration. A request for reconsideration, when applicable, must be in writing, must include the applicant's name, address, date of birth and claim number, if applicable, and must state the basis for the request.
(d)Time limits on reconsideration.
(1) A request for reconsideration must be received by OPM within 30 calendar days from the date of the initial decision.
(2) The Associate Director's representative responsible for reconsiderations may extend the time limit for filing when the requestor shows that he or she was not notified of the time limit and was not otherwise aware of it, or that he or she was prevented by circumstances beyond his or her control from making the request within the time limit.
(e)Final decision. After any applicable reconsideration, the Associate Director's representative will issue a final decision that must be in writing, must fully set forth the findings and conclusions of the reconsideration, and must contain notice of the right to request an appeal provided in § 841.308. Copies of the final decision must be sent to the individual, to any competing claimants and, where applicable, to the agency.
Title 5 published on 2013-01-01
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