---
kind: "section"
citation: "5 C.F.R. § 847.106"
title: "5"
number: "847.106"
heading: "Agency decision concerning eligibility."
url: "https://uscodex.org/cfr/5/847.106"
---

# §847.106. Agency decision concerning 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 final decision to the employee.
- (b) A final decision shall be in writing, shall fully set forth the findings and conclusions of the agency, and shall contain notice of the right to request an appeal provided in [§ 847.107](/cfr/5/847.107.md).

## Notes

### Amendments

[61 FR 41721, Aug. 9, 1996, as amended at 68 FR 2179, Jan. 16, 2003]

### Authority

Authority: 5 U.S.C. 8332(b)(17) and 8411(b)(6) and sections 1131 and 1132 of Pub. L. 107-107, December 28, 2001, 115 Stat 1242; 5 U.S.C. 8347(a) and 8461(g) and section 1043(b) of Pub. L. 104-106, Div. A, Title X, Feb. 10, 1996, 110 Stat. 434. Subpart B also issued under 5 U.S.C. 8347(q) and 8461(n).

### Source

Source: 61 FR 41721, Aug. 9, 1996, unless otherwise noted.

### Amendments

[61 FR 41721, Aug. 9, 1996, as amended at 68 FR 2179, Jan. 16, 2003]