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We have the authority to waive the five-year participation requirement when it
is against equity and good conscience not to allow an individual to participate
in the health insurance program as a retiree. However, the law says that a
person’s failure to meet the five-year requirement must be due to exceptional
circumstances. When someone is retiring voluntarily, a waiver may not be
appropriate because he or she can continue working until the requirement is met.
When circumstances under these conditions otherwise warrant a waiver, we will
notify the individual's employer.
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