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119th Congress

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119th Congress

Title 5 — Government Organization and Employees

Part III · Chapter 89 — Health Insurance

§ 8905. Election of coverage

Statutory text

(a)

An employee may enroll in an approved health benefits plan described in section 8903 or 8903a—

(1)

as an individual;

(2)

for self plus one; or

(3)

for self and family.

(b)

An annuitant who at the time he becomes an annuitant was enrolled in a health benefits plan under this chapter—

(1)

as an employee for a period of not less than—

(A)

the 5 years of service immediately before retirement;

(B)

the full period or periods of service between the last day of the first period, as prescribed by regulations of the Office of Personnel Management, in which he is eligible to enroll in the plan and the date on which he becomes an annuitant; or

(C)

the full period or periods of service beginning with the enrollment which became effective before , and ending with the date on which he becomes an annuitant;

whichever is shortest; or

(2)

as a member of the family of an employee or annuitant;

may continue his enrollment under the conditions of eligibility prescribed by regulations of the Office. The Office may, in its sole discretion, waive the requirements of this subsection in the case of an individual who fails to satisfy such requirements if the Office determines that, due to exceptional circumstances, it would be against equity and good conscience not to allow such individual to be enrolled as an annuitant in a health benefits plan under this chapter 1

(c)
(1)

A former spouse may—

(A)

within 60 days after the dissolution of the marriage, or

(B)

in the case of a former spouse of a former employee whose marriage was dissolved after the employee’s retirement, within 60 days after the dissolution of the marriage or, if later, within 60 days after an election is made under section 8339(j)(3) or 8417(b) of this title for such former spouse by the retired employee,

enroll in an approved health benefits plan described by section 8903 or 8903a of this title as an individual or for 2 for self plus one or self and family as provided in paragraph (2) of this subsection, subject to agreement to pay the full subscription charge of the enrollment, including the amounts determined by the Office to be necessary for administration and reserves pursuant to section 8909(b) of this title. The former spouse shall submit an enrollment application and make premium payments to the agency which, at the time of divorce or annulment, employed the employee to whom the former spouse was married or, in the case of a former spouse who is receiving annuity payments under section 8341(h), 8345(j), 8445, or 8467 of this title, to the Office of Personnel Management.

(2)

Coverage for self plus one or for self and family under this subsection shall be limited to—

(A)

the former spouse; and

(B)

unmarried dependent natural or adopted children (or, in the case of self plus one coverage, not more than 1 such child) of the former spouse and the employee who are—

(i)

under 22 years of age; or

(ii)

incapable of self-support because of mental or physical disability which existed before age 22.

(d)

An individual whom the Secretary of Defense determines is an eligible beneficiary under subsection (b) of section 1108 of title 10 may enroll, as part of the demonstration project under such section, in a health benefits plan under this chapter in accordance with the agreement under subsection (a) of such section between the Secretary and the Office and applicable regulations under this chapter.

(e)

If an employee, annuitant, or other individual eligible to enroll in a health benefits plan under this chapter has a spouse who is also eligible to enroll, either spouse, but not both, may enroll for self and family, or for a self plus one enrollment that covers the spouse, or each spouse may enroll as an individual or for a self plus one enrollment that does not cover the other spouse or a child who is covered under the enrollment of the other spouse. However, an individual may not be enrolled both as an employee, annuitant, or other individual eligible to enroll and as a member of the family.

(f)

An employee, annuitant, former spouse, or person having continued coverage under section 8905a of this title enrolled in a health benefits plan under this chapter may change his coverage or that of himself and members of his family by an application filed within 60 days after a change in family status or at other times and under conditions prescribed by regulations of the Office.

(g)
(1)

Under regulations prescribed by the Office, the Office shall, before the start of any contract term in which—

(A)

an adjustment is made in any of the rates charged or benefits provided under a health benefits plan described by section 8903 or 8903a of this title,

(B)

a newly approved health benefits plan is offered, or

(C)

an existing plan is terminated,

provide a period of not less than 3 weeks during which any employee, annuitant, former spouse, or person having continued coverage under section 8905a of this title enrolled in a health benefits plan described by such section shall be permitted to transfer that individual’s enrollment to another such plan or to cancel such enrollment.

(2)

In addition to any opportunity afforded under paragraph (1) of this subsection, an employee, annuitant, former spouse, or person having continued coverage under section 8905a of this title enrolled in a health benefits plan under this chapter shall be permitted to transfer that individual’s enrollment to another such plan, or to cancel such enrollment, at such other times and subject to such conditions as the Office may prescribe in regulations.

(3)
(A)

In addition to any informational requirements otherwise applicable under this chapter, the regulations shall include provisions to ensure that each employee eligible to enroll in a health benefits plan under this chapter (whether actually enrolled or not) is notified in writing as to the rights afforded under section 8905a of this title.

(B)

Notification under this paragraph shall be provided by employing agencies at an appropriate point in time before each period under paragraph (1) so that employees may be aware of their rights under section 8905a of this title when making enrollment decisions during such period.

(h)
(1)

An unenrolled employee who is required by a court or administrative order to provide health insurance coverage for 1 or more children who meets the requirements of section 8901(5) may enroll for self plus one or self and family coverage, as necessary to provide health insurance coverage for each child who is covered under the order, in a health benefits plan under this chapter. If such employee fails to enroll for self plus one or self and family coverage, as necessary to provide health insurance coverage for each child who is covered under the order, in a health benefits plan that provides full benefits and services in the location in which the child or children reside, and the employee does not provide documentation showing that such coverage has been provided through other health insurance, the employing agency shall enroll the employee in a self plus one or self and family enrollment, as necessary to provide health insurance coverage for each child who is covered under the order, in the option which provides the lower level of coverage under the Service Benefit Plan.

(2)

An employee who is enrolled as an individual in a health benefits plan under this chapter and who is required by a court or administrative order to provide health insurance coverage for 1 or more children who meets the requirements of section 8901(5) may change to a self plus one or self and family enrollment, as necessary to provide health insurance coverage for each child who is covered under the order, in the same or another health benefits plan under this chapter. If such employee fails to change to a self plus one or self and family enrollment, as necessary to provide health insurance coverage for each child who is covered under the order, and the employee does not provide documentation showing that such coverage has been provided through other health insurance, the employing agency shall change the enrollment of the employee to a self plus one or self and family enrollment, as necessary to provide health insurance coverage for each child who is covered under the order, in the plan in which the employee is enrolled if that plan provides full benefits and services in the location where the child or children reside. If the plan in which the employee is enrolled does not provide full benefits and services in the location in which the child or children reside, or, if the employee fails to change to a self plus one or self and family enrollment, as necessary to provide health insurance coverage for each child who is covered under the order, in a plan that provides full benefits and services in the location where the child or children reside, the employing agency shall change the coverage of the employee to a self plus one or self and family enrollment, as necessary to provide health insurance coverage for each child who is covered under the order, in the option which provides the lower level of coverage under the Service Benefits Plan.

(3)

The employee may not discontinue the self plus one or self and family enrollment, as necessary to provide health insurance coverage for each child who is covered under the order, in a plan that provides full benefits and services in the location in which the child or children reside for so long as the court or administrative order remains in effect and the child or children continue to meet the requirements of section 8901(5), unless the employee provides documentation showing that such coverage has been provided through other health insurance.

(i)

Any services by an officer or employee under this chapter relating to enrolling individuals in a health benefits plan under this chapter, or changing the enrollment of an individual already so enrolled, shall be deemed, for purposes of section 1342 of title 31, services for emergencies involving the safety of human life or the protection of property.

Footnotes

  1. 1 So in original. Probably should be followed by a period.
  2. 2 So in original. The word “for” probably should precede “self and family”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 89–554 · 80 Stat. 378

    Enacted · 5 U.S.C. § 8905

    Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 603

    Source evidence

    Code source credit
    Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 603

  2. Pub. L. 95–454 title IX § 906(a)(2) · 92 Stat. 1111

    Substituted · 5 U.S.C. § 8905(b); 5 U.S.C. § 8905(d); 5 U.S.C. § 8905(e)

    Pub. L. 95–454 substituted “Office of Personnel Management” and “Office” for “Civil Service Commission” and “Commission”, respectively, wherever appearing

    Source evidence

    Code amendment note
    Subsecs. (b), (d), (e). Pub. L. 95–454 substituted “Office of Personnel Management” and “Office” for “Civil Service Commission” and “Commission”, respectively, wherever appearing.

    Enacted provision · exact public law section
    (2) in sections 1301, 1302, 1304, 1308, 2105, 2951, 3110, 3304a, 3308, 3312, 3314, 3318, 3324, 3325, 3344, 3351, 3363, 3373, 3502, 3504, 4102, 4106, 4113-4118, 5102, 5103, 5105, 5107, 5110–5115, 5303, 5304, 5333, 5334, 5335(b), 5336, 5338, 5343, 5346, 5347, 5351, 5352, 5371 (as redesignated in section 801(a) (3) (A) (ii) of this Ante, p. 1218. Act), 5372 (as redesignated in such section 801(a) (3) (A) (ii)), 5374 (as redesignated in such section 801(a) (3) (A) (i i)) , 5504, 5533, 5545, 5548, 5723, 6101, 6304-6306, 6308, 6311, 6322, 6326, 7203 (as redesignated in section 703(a)(1) of this Act), 7204 Ante, p. 1216. (as redesignated in such section 703(a) (1)), 7312, 8151, 8331, 8332, 8334, 8337, 8339–8343, 8345, 8346, 8347(a), 8348, 8501, 8701–8712, 8714, 8714a, 8716, 8901–8903, 8905, 8907–8910, and 8913, by striking out “Civil Service Commission” and inserting in lieu thereof “Office of Personnel Management”;

  3. Civil Service Retirement Spouse Equity Act of 1984

    Pub. L. 98–615 § 3(4)(A) · 98 Stat. 3195

    Redesignated · 5 U.S.C. § 8905(c)

    Pub. L. 98–615, § 3(4)(A), added subsec. (c). Former subsec. (c) redesignated (d)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 98–615, § 3(4)(A), added subsec. (c). Former subsec. (c) redesignated (d).

    Enacted provision · exact public law section
    (A) by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively, and inserting after subsection (b) the following new subsection: “(c) (1) A former spouse may— Health. “(A) within 60 days after the dissolution of the marriage, or “(B) in the case of a former spouse of a former employee whose marriage was dissolved after the employee’s retirement, within 60 days after the dissolution of the marriage or, if later, within 60 days after an election is made under section 8339(j)(3) of this title for such former spouse by the retired employee, Ante, p. 3195. enroll in an approved health benefits plan described by section 8903 of this title as an individual or for self and family as provided in 5 USC 8903. paragraph (2) of this subsection, subject to agreement to pay the full subscription charge of the enrollment, including the amounts determined by the Office to be necessary for administration and reserves pursuant to section 8909(b) of this title. The former spouse shall Post, p. 3204. submit an enrollment application and make premium payments to the agency which, at the time of divorce or annulment, employed the employee to whom the former spouse was married or, in the case of a former spouse who is receiving annuity payments under Ante, pp. 3199, 3202. section 8341(h) or 8345(j) of this title, to the Office of Personnel Management. “(2) Coverage for self and family under this subsection shall be limited to— “(A) the former spouse; and “(B) unmarried dependent natural or adopted children of the former spouse and the employee who are— “(i) under 22 years of age; or “(ii) incapable of self-support because of mental or physical disability which existed before age 22.”; and

  4. Civil Service Retirement Spouse Equity Act of 1984

    Pub. L. 98–615 § 3(4)(A) · 98 Stat. 3195

    Redesignated · 5 U.S.C. § 8905(d)

    Pub. L. 98–615, § 3(4)(A), redesignated former subsec. (c) as (d). Former subsec. (d) redesignated (e)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 98–615, § 3(4)(A), redesignated former subsec. (c) as (d). Former subsec. (d) redesignated (e).

    Enacted provision · exact public law section
    (A) by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively, and inserting after subsection (b) the following new subsection: “(c) (1) A former spouse may— Health. “(A) within 60 days after the dissolution of the marriage, or “(B) in the case of a former spouse of a former employee whose marriage was dissolved after the employee’s retirement, within 60 days after the dissolution of the marriage or, if later, within 60 days after an election is made under section 8339(j)(3) of this title for such former spouse by the retired employee, Ante, p. 3195. enroll in an approved health benefits plan described by section 8903 of this title as an individual or for self and family as provided in 5 USC 8903. paragraph (2) of this subsection, subject to agreement to pay the full subscription charge of the enrollment, including the amounts determined by the Office to be necessary for administration and reserves pursuant to section 8909(b) of this title. The former spouse shall Post, p. 3204. submit an enrollment application and make premium payments to the agency which, at the time of divorce or annulment, employed the employee to whom the former spouse was married or, in the case of a former spouse who is receiving annuity payments under Ante, pp. 3199, 3202. section 8341(h) or 8345(j) of this title, to the Office of Personnel Management. “(2) Coverage for self and family under this subsection shall be limited to— “(A) the former spouse; and “(B) unmarried dependent natural or adopted children of the former spouse and the employee who are— “(i) under 22 years of age; or “(ii) incapable of self-support because of mental or physical disability which existed before age 22.”; and

  5. Civil Service Retirement Spouse Equity Act of 1984

    Pub. L. 98–615 § 3(4) · 98 Stat. 3195

    1. Redesignated · 5 U.S.C. § 8905(e)

      Pub. L. 98–615, § 3(4), redesignated former subsec. (d) as (e)

    2. Redesignated · 5 U.S.C. § 8905(e)

      Pub. L. 98–615, § 3(4), substituted “An employee, annuitant, or former spouse” for “An employee or annuitant”. Former subsec. (e) redesignated (f)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 98–615, § 3(4), redesignated former subsec. (d) as (e) and substituted “An employee, annuitant, or former spouse” for “An employee or annuitant”. Former subsec. (e) redesignated (f).

    Enacted provision · exact public law section
    (4) in section 8905— 5 USC 8905. (A) by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively, and inserting after subsection (b) the following new subsection: “(c) (1) A former spouse may— Health. “(A) within 60 days after the dissolution of the marriage, or “(B) in the case of a former spouse of a former employee whose marriage was dissolved after the employee’s retirement, within 60 days after the dissolution of the marriage or, if later, within 60 days after an election is made under section 8339(j)(3) of this title for such former spouse by the retired employee, Ante, p. 3195. enroll in an approved health benefits plan described by section 8903 of this title as an individual or for self and family as provided in 5 USC 8903. paragraph (2) of this subsection, subject to agreement to pay the full subscription charge of the enrollment, including the amounts determined by the Office to be necessary for administration and reserves pursuant to section 8909(b) of this title. The former spouse shall Post, p. 3204. submit an enrollment application and make premium payments to the agency which, at the time of divorce or annulment, employed the employee to whom the former spouse was married or, in the case of a former spouse who is receiving annuity payments under Ante, pp. 3199, 3202. section 8341(h) or 8345(j) of this title, to the Office of Personnel Management. “(2) Coverage for self and family under this subsection shall be limited to— “(A) the former spouse; and “(B) unmarried dependent natural or adopted children of the former spouse and the employee who are— “(i) under 22 years of age; or “(ii) incapable of self-support because of mental or physical disability which existed before age 22.”; and (B) in subsections (e) and (f), as so designated by subparagraph (A) of this paragraph, by striking out “An employee or annuitant” and inserting in lieu thereof “An employee, annuitant, or former spouse”;

  6. Civil Service Retirement Spouse Equity Act of 1984

    Pub. L. 98–615 § 3(4) · 98 Stat. 3195

    1. Redesignated · 5 U.S.C. § 8905(f)

      Pub. L. 98–615, § 3(4), redesignated former subsec. (e) as (f)

    2. Substituted · 5 U.S.C. § 8905(f)

      Pub. L. 98–615, § 3(4), substituted “An employee, annuitant, or former spouse” for “An employee or annuitant”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 98–615, § 3(4), redesignated former subsec. (e) as (f) and substituted “An employee, annuitant, or former spouse” for “An employee or annuitant”.

    Enacted provision · exact public law section
    (4) in section 8905— 5 USC 8905. (A) by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively, and inserting after subsection (b) the following new subsection: “(c) (1) A former spouse may— Health. “(A) within 60 days after the dissolution of the marriage, or “(B) in the case of a former spouse of a former employee whose marriage was dissolved after the employee’s retirement, within 60 days after the dissolution of the marriage or, if later, within 60 days after an election is made under section 8339(j)(3) of this title for such former spouse by the retired employee, Ante, p. 3195. enroll in an approved health benefits plan described by section 8903 of this title as an individual or for self and family as provided in 5 USC 8903. paragraph (2) of this subsection, subject to agreement to pay the full subscription charge of the enrollment, including the amounts determined by the Office to be necessary for administration and reserves pursuant to section 8909(b) of this title. The former spouse shall Post, p. 3204. submit an enrollment application and make premium payments to the agency which, at the time of divorce or annulment, employed the employee to whom the former spouse was married or, in the case of a former spouse who is receiving annuity payments under Ante, pp. 3199, 3202. section 8341(h) or 8345(j) of this title, to the Office of Personnel Management. “(2) Coverage for self and family under this subsection shall be limited to— “(A) the former spouse; and “(B) unmarried dependent natural or adopted children of the former spouse and the employee who are— “(i) under 22 years of age; or “(ii) incapable of self-support because of mental or physical disability which existed before age 22.”; and (B) in subsections (e) and (f), as so designated by subparagraph (A) of this paragraph, by striking out “An employee or annuitant” and inserting in lieu thereof “An employee, annuitant, or former spouse”;

  7. Pub. L. 99–53 § 2(a) · 99 Stat. 93

    Inserted · 5 U.S.C. § 8905(a); 5 U.S.C. § 8905(c)(1)

    Pub. L. 99–53, § 2(a), inserted reference to section 8903a of this title

    Source evidence

    Code amendment note
    Subsecs. (a), (c)(1). Pub. L. 99–53, § 2(a), inserted reference to section 8903a of this title.

    Enacted provision · exact public law section
    (a) Sections 8902(a), 8902(e), 8902(i), 8905(a), 8905(c)(1), 8905(f), 8908(b), and 8913(b) of title 5, United States Code, are each amended by striking out “8903 of this title” and inserting in lieu thereof “8903 or 8903a of this title”.

  8. Pub. L. 99–53 § 2(a) · 99 Stat. 93

    1. Inserted · 5 U.S.C. § 8905(f)

      Pub. L. 99–53, § 2(a), (c), inserted reference to section 8903a of this title

    2. Substituted · 5 U.S.C. § 8905(f)

      Pub. L. 99–53, § 2(a), (c), substituted “such plan” for “plan described by that section”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 99–53, § 2(a), (c), inserted reference to section 8903a of this title and substituted “such plan” for “plan described by that section”.

    Enacted provision · exact public law section
    (a) Sections 8902(a), 8902(e), 8902(i), 8905(a), 8905(c)(1), 8905(f), 8908(b), and 8913(b) of title 5, United States Code, are each amended by striking out “8903 of this title” and inserting in lieu thereof “8903 or 8903a of this title”.

  9. Federal Employees Benefits Improvement Act of 1986

    Pub. L. 99–251 § 103 · 100 Stat. 14

    Inserted · 5 U.S.C. § 8905(b)

    Pub. L. 99–251, § 103, inserted last sentence relating to waiver of the requirements of this subsection if it would be against equity to prohibit enrollment

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 99–251, § 103, inserted last sentence relating to waiver of the requirements of this subsection if it would be against equity to prohibit enrollment.

    Enacted provision · exact public law section
    SEC. 103. AUTHORITY TO WAIVE CERTAIN ELIGIBILITY REQUIREMENTS. Section 8905(b) of title 5, United States Code, is amended by adding at the end thereof the following new sentence: “The Office may, in its sole discretion, waive the requirements of this subsection in the case of an individual who fails to satisfy such requirements if the Office determines that, due to exceptional circumstances, it would be against equity and good conscience not to allow such individual to be enrolled as an annuitant in a health benefits plan under this subchapter.”.

  10. Federal Employees Benefits Improvement Act of 1986

    Pub. L. 99–251 § 104(a) · 100 Stat. 14

    Amended · 5 U.S.C. § 8905(f)

    Pub. L. 99–251, § 104(a), amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows: “An employee, annuitant, or former spouse enrolled in a health benefits plan under this chapter may change his coverage or that of himself and members of his family by an application filed within 60 days after a change in family status or at other times and under conditions prescribed by regulations of the Office.”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 99–251, § 104(a), amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows: “An employee, annuitant, or former spouse enrolled in a health benefits plan under this chapter may change his coverage or that of himself and members of his family by an application filed within 60 days after a change in family status or at other times and under conditions prescribed by regulations of the Office.”

    Enacted provision · exact public law section
    (a) In General.— Ante, p. 94. Section 8905(1) of title 5, United States Code, is amended to read as follows: “(f) (1) Under regulations prescribed by the Office, the Office shall, before the start of any contract term in which— “(A) an adjustment is made in any of the rates charged or benefits provided under a health benefits plan described by section 8903 or 8903a of this title, “(B) a newly approved health benefits plan is offered, or “(C) an existing plan is terminated, provide a period of not less than 3 weeks during which any employee, annuitant, or former spouse enrolled in a health benefits plan described by such section shall be permitted to transfer that individual’s enrollment to another such plan or to cancel such enrollment. “(2) In addition to any opportunity afforded under paragraph (1) of this subsection, an employee, annuitant, or former spouse enrolled in a health benefits plan under this chapter shall be permitted to transfer that individual’s enrollment to another such plan, or to cancel such enrollment, at such other times and subject to such conditions as the Office may prescribe in regulations.”.

  11. Pub. L. 99–335 title II § 207(m) · 100 Stat. 514

    1. Inserted · 5 U.S.C. § 8905(c)(1)

      Pub. L. 99–335 inserted in subpar. (B) “or 8417(b)”

    2. Substituted · 5 U.S.C. § 8905(c)(1)

      Pub. L. 99–335 substituted in provision following subpar. (B) “8345(j), 8445, or 8467” for “or 8345(j)”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 99–335 inserted in subpar. (B) “or 8417(b)” and substituted in provision following subpar. (B) “8345(j), 8445, or 8467” for “or 8345(j)”.

    Enacted provision · exact public law section
    (m) Amendments to Section 8905.— Section 8905(c)(1) of title 5, United States Code, is amended— (1) in subparagraph (B), by inserting “or 84170t))” after “8339(j)(3)”; and (2) in the second sentence, by striking out “or 8345(j)” and inserting in lieu thereof “8345(j), 8445, or 8467”.

  12. Federal Employees Health Benefits Amendments Act of 1988

    Pub. L. 100–654 § 202(c) · 102 Stat. 3837

    Amended · 5 U.S.C. § 8905(d)

    Pub. L. 100–654, § 202(c), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “If an employee has a spouse who is an employee, either spouse, but not both, may enroll for self and family, or each spouse may enroll as an individual. However, an individual may not be enrolled both as an employee or annuitant and as a member of the family.”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 100–654, § 202(c), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “If an employee has a spouse who is an employee, either spouse, but not both, may enroll for self and family, or each spouse may enroll as an individual. However, an individual may not be enrolled both as an employee or annuitant and as a member of the family.”

    Enacted provision · exact public law section
    (c) Section 8905(d) of title 5, United States Code, is amended to read as follows: “(d) If an employee, annuitant, or other individual eligible to enroll in a health benefits plan under this chapter has a spouse who is also eligible to enroll, either spouse, but not both, may enroll for self and family, or each spouse may enroll as an individual. However, an individual may not be enrolled both as an employee, annuitant, or other individual eligible to enroll and as a member of the family.”.

  13. Federal Employees Health Benefits Amendments Act of 1988

    Pub. L. 100–654 § 201(c) · 102 Stat. 3837

    Substituted · 5 U.S.C. § 8905(e); 5 U.S.C. § 8905(f)(1); 5 U.S.C. § 8905(2)

    Pub. L. 100–654, § 201(c), (d)(1), substituted “former spouse, or person having continued coverage under section 8905a of this title” for “or former spouse”

    Source evidence

    Code amendment note
    Subsecs. (e), (f)(1), (2). Pub. L. 100–654, § 201(c), (d)(1), substituted “former spouse, or person having continued coverage under section 8905a of this title” for “or former spouse”.

    Enacted provision · exact public law section
    (c) Change of Coverage Based on Change in Family Status.— Section 8905(e) of title 5, United States Code, is amended by striking “or former spouse” and inserting “former spouse, or person having continued coverage under section 8905a of this title”.

  14. Federal Employees Health Benefits Amendments Act of 1988

    Pub. L. 100–654 § 201(d)(2) · 102 Stat. 3837

    Added · 5 U.S.C. § 8905(f)(3)

    Pub. L. 100–654, § 201(d)(2), added par. (3)

    Source evidence

    Code amendment note
    Subsec. (f)(3). Pub. L. 100–654, § 201(d)(2), added par. (3).

    Enacted provision · exact public law section
    (2) by adding at the end the following: “(3) (A) In addition to any informational requirements otherwise applicable under this chapter, the regulations shall include provisions to ensure that each employee eligible to enroll in a health benefits plan under this chapter (whether actually enrolled or not) is notified in writing as to the rights afforded under section 8905a of this title. “(B) Notification under this paragraph shall be provided by employing agencies at an appropriate point in time before each period under paragraph (1) so that employees may be aware of their rights under section 8905a of this title when making enrollment decisions during such period.”.

  15. Technical and Miscellaneous Civil Service Amendments Act of 1992

    Pub. L. 102–378 § 2(77)(A) · 106 Stat. 1346

    Substituted · 5 U.S.C. § 8905(b)

    Pub. L. 102–378, § 2(77)(A), substituted “this chapter” for “this subchapter.” at end

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 102–378, § 2(77)(A), substituted “this chapter” for “this subchapter.” at end.

    Enacted provision · exact public law section
    (A) in subsection (b) by striking “this subchapter.” and inserting “this chapter”; and

  16. Technical and Miscellaneous Civil Service Amendments Act of 1992

    Pub. L. 102–378 § 2(77)(B) · 106 Stat. 1346

    Inserted · 5 U.S.C. § 8905(c)(1)

    Pub. L. 102–378, § 2(77)(B), inserted comma after “8341(h)” in last sentence

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 102–378, § 2(77)(B), inserted comma after “8341(h)” in last sentence.

    Enacted provision · exact public law section
    (B) in subsection (c)(1) by inserting a comma after “8341(h)”; and

  17. Strom Thurmond National Defense Authorization Act for Fiscal Year 1999

    Pub. L. 105–261 div. A title VII § 721(b)(1) · 112 Stat. 1920

    1. Added · 5 U.S.C. § 8905(d)(g)

      Pub. L. 105–261 added subsec. (d)

    2. Redesignated · 5 U.S.C. § 8905(d)(g)

      Pub. L. 105–261 redesignated former subsecs. (d) to (f) as (e) to (g), respectively

    Source evidence

    Code amendment note
    Subsecs. (d) to (g). Pub. L. 105–261 added subsec. (d) and redesignated former subsecs. (d) to (f) as (e) to (g), respectively.

    Enacted provision · exact public law section
    (1) in section 8905— (A) by redesignating subsections (d) through (f) as subsections (e) through (g), respectively; and (B) by inserting after subsection (c) the following new subsection: “(d) An individual whom the Secretary of Defense determines is an eligible beneficiary under subsection (b) of section 1108 of title 10 may enroll, as part of the demonstration project under such section, in a health benefits plan under this chapter in accordance with the agreement under subsection (a) of such section between the Secretary and the Office and applicable regulations under this chapter.”;

  18. Federal Employees Health Benefits Children’s Equity Act of 2000

    Pub. L. 106–394 § 2 · 114 Stat. 1629

    Added · 5 U.S.C. § 8905(h)

    Pub. L. 106–394 added subsec. (h)

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 106–394 added subsec. (h).

    Enacted provision · exact public law section
    SEC. 2. HEALTH INSURANCE COVERAGE FOR CHILDREN. Section 8905 of title 5, United States Code, is amended by adding at the end the following: “(h) (1) An unenrolled employee who is required by a court or administrative order to provide health insurance coverage for a child who meets the requirements of section 8901(5) may enroll for self and family coverage in a health benefits plan under this chapter. If such employee fails to enroll for self and family coverage in a health benefits plan that provides full benefits and services in the location in which the child resides, and the employee does not provide documentation showing that such coverage has been provided through other health insurance, the employing agency shall enroll the employee in a self and family enrollment in the option which provides the lower level of coverage under the Service Benefit Plan. “(2) An employee who is enrolled as an individual in a health benefits plan under this chapter and who is required by a court or administrative order to provide health insurance coverage for a child who meets the requirements of section 8901(5) may change to a self and family enrollment in the same or another health benefits plan under this chapter. If such employee fails to change to a self and family enrollment and the employee does not provide documentation showing that such coverage has been provided through other health insurance, the employing agency shall change the enrollment of the employee to a self and family enrollment in the plan in which the employee is enrolled if that plan provides full benefits and services in the location where the child resides. If the plan in which the employee is enrolled does not provide full benefits and services in the location in which the child resides, or, if the employee fails to change to a self and family enrollment in a plan that provides full benefits and services in the location where the child resides, the employing agency shall change the coverage of the employee to a self and family enrollment in the option which provides the lower level of coverage under the Service Benefits Plan. “(3) The employee may not discontinue the self and family enrollment in a plan that provides full benefits and services in the location in which the child resides for so long as the court or administrative order remains in effect and the child continues to meet the requirements of section 8901(5), unless the employee provides documentation showing that such coverage has been provided through other health insurance.”.

  19. Bipartisan Budget Act of 2013

    Pub. L. 113–67 § 706(a)(1) · 127 Stat. 1165

    1. Added · 5 U.S.C. § 8905(a)

      Pub. L. 113–67, § 706(a)(1), added subsec. (a)

    2. Struck · 5 U.S.C. § 8905(a)

      Pub. L. 113–67, § 706(a)(1), struck out former subsec. (a) which read as follows: “An employee may enroll in an approved health benefits plan described by section 8903 or 8903a of this title either as an individual or for self and family.”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 113–67, § 706(a)(1), added subsec. (a) and struck out former subsec. (a) which read as follows: “An employee may enroll in an approved health benefits plan described by section 8903 or 8903a of this title either as an individual or for self and family.”

    Enacted provision · exact public law section
    (1) by striking subsection (a) and inserting the following: “(a) An employee may enroll in an approved health benefits plan described in section 8903 or 8903a— “(1) as an individual; “(2) for self plus one; or “(3) for self and family.” ;

  20. Bipartisan Budget Act of 2013

    Pub. L. 113–67 § 706(a)(2)(A) · 127 Stat. 1165

    Inserted · 5 U.S.C. § 8905(c)(1)

    Pub. L. 113–67, § 706(a)(2)(A), inserted “for self plus one or” before “self and family as provided in paragraph (2) of this subsection” in concluding provisions

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 113–67, § 706(a)(2)(A), inserted “for self plus one or” before “self and family as provided in paragraph (2) of this subsection” in concluding provisions.

    Enacted provision · exact public law section
    (A) in paragraph (1), in the matter following subparagraph (B), by inserting “for self plus one or” before “self and family as provided in paragraph (2) of this subsection”; and

  21. Bipartisan Budget Act of 2013

    Pub. L. 113–67 § 706(a)(2)(B)(i) · 127 Stat. 1165

    Inserted · 5 U.S.C. § 8905(c)(2)

    Pub. L. 113–67, § 706(a)(2)(B)(i), inserted “for self plus one or” before “for self and family” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 113–67, § 706(a)(2)(B)(i), inserted “for self plus one or” before “for self and family” in introductory provisions.

    Enacted provision · exact public law section
    (i) in the matter preceding subparagraph (A), by inserting “for self plus one or” before “for self and family”; and

  22. Bipartisan Budget Act of 2013

    Pub. L. 113–67 § 706(a)(2)(B)(ii) · 127 Stat. 1165

    Inserted · 5 U.S.C. § 8905(c)(2)(B)

    Pub. L. 113–67, § 706(a)(2)(B)(ii), inserted “(or, in the case of self plus one coverage, not more than 1 such child)” after “adopted children”

    Source evidence

    Code amendment note
    Subsec. (c)(2)(B). Pub. L. 113–67, § 706(a)(2)(B)(ii), inserted “(or, in the case of self plus one coverage, not more than 1 such child)” after “adopted children”.

    Enacted provision · exact public law section
    (ii) in subparagraph (B), by inserting “(or, in the case of self plus one coverage, not more than 1 such child)” after “adopted children”;

  23. Bipartisan Budget Act of 2013

    Pub. L. 113–67 § 706(a)(3) · 127 Stat. 1165

    Substituted · 5 U.S.C. § 8905(e)

    Pub. L. 113–67, § 706(a)(3), substituted “or for a self plus one enrollment that covers the spouse, or each spouse may enroll as an individual or for a self plus one enrollment that does not cover the other spouse or a child who is covered under the enrollment of the other spouse” for “or each spouse may enroll as an individual”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 113–67, § 706(a)(3), substituted “or for a self plus one enrollment that covers the spouse, or each spouse may enroll as an individual or for a self plus one enrollment that does not cover the other spouse or a child who is covered under the enrollment of the other spouse” for “or each spouse may enroll as an individual”.

    Enacted provision · exact public law section
    (3) in subsection (e), by striking “or each spouse may enroll as an individual” and inserting “or for a self plus one enrollment that covers the spouse, or each spouse may enroll as an individual or for a self plus one enrollment that does not cover the other spouse or a child who is covered under the enrollment of the other spouse”; and

  24. Bipartisan Budget Act of 2013

    Pub. L. 113–67 § 706(a)(4)(A) · 127 Stat. 1165

    1. Substituted · 5 U.S.C. § 8905(h)

      Pub. L. 113–67, § 706(a)(4)(A)–(C), substituted “self plus one or self and family enrollment, as necessary to provide health insurance coverage for each child who is covered under the order,” for “self and family enrollment” wherever appearing

    2. Substituted · 5 U.S.C. § 8905(h)

      Pub. L. 113–67, § 706(a)(4)(A)–(C), substituted “1 or more children” for “a child” wherever appearing

    3. Substituted · 5 U.S.C. § 8905(h)

      Pub. L. 113–67, § 706(a)(4)(A)–(C), substituted “the child or children reside” for “the child resides” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 113–67, § 706(a)(4)(A)–(C), substituted “self plus one or self and family enrollment, as necessary to provide health insurance coverage for each child who is covered under the order,” for “self and family enrollment”, “1 or more children” for “a child”, and “the child or children reside” for “the child resides” wherever appearing.

    Enacted provision · exact public law section
    (A) by striking “self and family enrollment” each place it appears and inserting “self plus one or self and family enrollment, as necessary to provide health insurance coverage for each child who is covered under the order,”;

  25. Bipartisan Budget Act of 2013

    Pub. L. 113–67 § 706(a)(4)(D) · 127 Stat. 1165

    Substituted · 5 U.S.C. § 8905(h)(1)

    Pub. L. 113–67, § 706(a)(4)(D), substituted “self plus one or self and family coverage, as necessary to provide health insurance coverage for each child who is covered under the order,” for “self and family coverage” in two places

    Source evidence

    Code amendment note
    Subsec. (h)(1). Pub. L. 113–67, § 706(a)(4)(D), substituted “self plus one or self and family coverage, as necessary to provide health insurance coverage for each child who is covered under the order,” for “self and family coverage” in two places.

    Enacted provision · exact public law section
    (D) in paragraph (1), by striking “self and family coverage” each place it appears and inserting “self plus one or self and family coverage, as necessary to provide health insurance coverage for each child who is covered under the order,”; and

  26. Bipartisan Budget Act of 2013

    Pub. L. 113–67 § 706(a)(4)(E) · 127 Stat. 1165

    Substituted · 5 U.S.C. § 8905(h)(3)

    Pub. L. 113–67, § 706(a)(4)(E), substituted “the child or children continue” for “the child continues”

    Source evidence

    Code amendment note
    Subsec. (h)(3). Pub. L. 113–67, § 706(a)(4)(E), substituted “the child or children continue” for “the child continues”.

    Enacted provision · exact public law section
    (E) in paragraph (3), by striking “the child continues” and inserting “the child or children continue”.

  27. National Defense Authorization Act for Fiscal Year 2020

    Pub. L. 116–92 div. A title XI § 1110(a) · 133 Stat. 1198

    Added · 5 U.S.C. § 8905(i)

    Pub. L. 116–92 added subsec. (i)

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 116–92 added subsec. (i).

    Enacted provision · exact public law section
    (a) FEHBP.— Section 8905 of title 5, United States Code, is amended by adding at the end the following: “(i) Any services by an officer or employee under this chapter relating to enrolling individuals in a health benefits plan under this chapter, or changing the enrollment of an individual already so enrolled, shall be deemed, for purposes of section 1342 of title 31, services for emergencies involving the safety of human life or the protection of property.” .

    Effective date note
    Amendment by Pub. L. 116–92 applicable to any lapse in appropriations beginning on or after Dec. 20, 2019, see section 1110(d) of Pub. L. 116–92, set out as a note under section 8702 of this title.

34 of 35 references resolved to an enrolled provision · 1 partial

Notes

historicalAndRevision
Historical and Revision Notes
DerivationU.S. CodeRevised Statutes andStatutes at Large
 5 U.S.C. 3002(a) (1st sentence, less words between 1st and 4th commas), (b)–(e).Sept. 28, 1959, Pub. L. 86–382, § 3(a) (1st sentence, less words between 1st and 4th commas), (b)–(e), 73 Stat. 710.
  Mar. 17, 1964, Pub. L. 88–284, § 1(5), 78 Stat. 164.

In subsection (b)(1), the words “as an employee” are inserted for clarity.

In subsection (b)(1)(C), the words “before ” are substituted for “not later than ”.

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

Editorial Notes

Amendments1978–2019 · 10 rounds

2019

Subsec. (i). Pub. L. 116–92 added subsec. (i).

2013

Subsec. (a). Pub. L. 113–67, § 706(a)(1), added subsec. (a) and struck out former subsec. (a) which read as follows: “An employee may enroll in an approved health benefits plan described by section 8903 or 8903a of this title either as an individual or for self and family.”

Subsec. (c)(1). Pub. L. 113–67, § 706(a)(2)(A), inserted “for self plus one or” before “self and family as provided in paragraph (2) of this subsection” in concluding provisions.

Subsec. (c)(2). Pub. L. 113–67, § 706(a)(2)(B)(i), inserted “for self plus one or” before “for self and family” in introductory provisions.

Subsec. (c)(2)(B). Pub. L. 113–67, § 706(a)(2)(B)(ii), inserted “(or, in the case of self plus one coverage, not more than 1 such child)” after “adopted children”.

Subsec. (e). Pub. L. 113–67, § 706(a)(3), substituted “or for a self plus one enrollment that covers the spouse, or each spouse may enroll as an individual or for a self plus one enrollment that does not cover the other spouse or a child who is covered under the enrollment of the other spouse” for “or each spouse may enroll as an individual”.

Subsec. (h). Pub. L. 113–67, § 706(a)(4)(A)–(C), substituted “self plus one or self and family enrollment, as necessary to provide health insurance coverage for each child who is covered under the order,” for “self and family enrollment”, “1 or more children” for “a child”, and “the child or children reside” for “the child resides” wherever appearing.

Subsec. (h)(1). Pub. L. 113–67, § 706(a)(4)(D), substituted “self plus one or self and family coverage, as necessary to provide health insurance coverage for each child who is covered under the order,” for “self and family coverage” in two places.

Subsec. (h)(3). Pub. L. 113–67, § 706(a)(4)(E), substituted “the child or children continue” for “the child continues”.

2000

Subsec. (h). Pub. L. 106–394 added subsec. (h).

1998

Subsecs. (d) to (g). Pub. L. 105–261 added subsec. (d) and redesignated former subsecs. (d) to (f) as (e) to (g), respectively.

1992

Subsec. (b). Pub. L. 102–378, § 2(77)(A), substituted “this chapter” for “this subchapter.” at end.

Subsec. (c)(1). Pub. L. 102–378, § 2(77)(B), inserted comma after “8341(h)” in last sentence.

1988

Subsec. (d). Pub. L. 100–654, § 202(c), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “If an employee has a spouse who is an employee, either spouse, but not both, may enroll for self and family, or each spouse may enroll as an individual. However, an individual may not be enrolled both as an employee or annuitant and as a member of the family.”

Subsecs. (e), (f)(1), (2). Pub. L. 100–654, § 201(c), (d)(1), substituted “former spouse, or person having continued coverage under section 8905a of this title” for “or former spouse”.

Subsec. (f)(3). Pub. L. 100–654, § 201(d)(2), added par. (3).

1986

Subsec. (b). Pub. L. 99–251, § 103, inserted last sentence relating to waiver of the requirements of this subsection if it would be against equity to prohibit enrollment.

Subsec. (c)(1). Pub. L. 99–335 inserted in subpar. (B) “or 8417(b)” and substituted in provision following subpar. (B) “8345(j), 8445, or 8467” for “or 8345(j)”.

Subsec. (f). Pub. L. 99–251, § 104(a), amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows: “An employee, annuitant, or former spouse enrolled in a health benefits plan under this chapter may change his coverage or that of himself and members of his family by an application filed within 60 days after a change in family status or at other times and under conditions prescribed by regulations of the Office.”

1985

Subsecs. (a), (c)(1). Pub. L. 99–53, § 2(a), inserted reference to section 8903a of this title.

Subsec. (f). Pub. L. 99–53, § 2(a), (c), inserted reference to section 8903a of this title and substituted “such plan” for “plan described by that section”.

1984

Subsec. (c). Pub. L. 98–615, § 3(4)(A), added subsec. (c). Former subsec. (c) redesignated (d).

Subsec. (d). Pub. L. 98–615, § 3(4)(A), redesignated former subsec. (c) as (d). Former subsec. (d) redesignated (e).

Subsec. (e). Pub. L. 98–615, § 3(4), redesignated former subsec. (d) as (e) and substituted “An employee, annuitant, or former spouse” for “An employee or annuitant”. Former subsec. (e) redesignated (f).

Subsec. (f). Pub. L. 98–615, § 3(4), redesignated former subsec. (e) as (f) and substituted “An employee, annuitant, or former spouse” for “An employee or annuitant”.

1978

Subsecs. (b), (d), (e). Pub. L. 95–454 substituted “Office of Personnel Management” and “Office” for “Civil Service Commission” and “Commission”, respectively, wherever appearing.

Statutory Notes and Related Subsidiaries

Effective Date of 2019 Amendment

Amendment by Pub. L. 116–92 applicable to any lapse in appropriations beginning on or after , see section 1110(d) of Pub. L. 116–92, set out as a note under section 8702 of this title.

Effective Date of 1988 Amendment

Amendment by Pub. L. 100–654 applicable with respect to any calendar year beginning, and contracts entered into or renewed for any calendar year beginning, after end of 9-month period beginning , and with respect to any qualifying event occurring on or after first day of first calendar year beginning after end of such 9-month period, see section 203 of Pub. L. 100–654, set out as a note under section 8902 of this title.

Effective Date of 1986 Amendments

Amendment by Pub. L. 99–335 effective , see section 702(a) of Pub. L. 99–335, set out as an Effective Date note under section 8401 of this title.

Pub. L. 99–251, title I, § 104(b), , 100 Stat. 15, provided that: “The amendment made by subsection (a) [amending this section] shall be effective with respect to contracts entered into or renewed for calendar years beginning after .”

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–615 effective , with enumerated exceptions, and applicable to any individual who is married to an employee or annuitant on or after that date, see section 4(a)(2) of Pub. L. 98–615, as amended, set out as a note under section 8341 of this title.

Effective Date of 1978 Amendment

Amendment by Pub. L. 95–454 effective 90 days after , see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.

Regulations

Regulations to carry out amendment by Pub. L. 116–92 to be prescribed no later than 90 days after , and to contain provision related to pay status for furloughed employees, see section 1110(c) of Pub. L. 116–92, set out as a note under section 8702 of this title.

FEHB Improvements

Pub. L. 119–21, title IX, § 90101(a)–(f), , 139 Stat. 362, provided that:

“(a)

Short Title.—

This section may be cited as the ‘FEHB Protection Act of 2025’.

“(b)

Definitions.—

In this section:

“(1)

Director.—

The term ‘Director’ means the Director of the Office of Personnel Management.

“(2)

Health benefits plan; member of family.—

The terms ‘health benefits plan’ and ‘member of family’ have the meanings given those terms in section 8901 of title 5, United States Code.

“(3)

Open season.—

The term ‘open season’ means an open season described in section 890.301(f) of title 5, Code of Federal Regulations, or any successor regulation.

“(4)

Program.—

The term ‘Program’ means the health insurance programs carried out under chapter 89 of title 5, United States Code, including the program carried out under section 8903c of that title.

“(5)

Qualifying life event.—

The term ‘qualifying life event’ has the meaning given the term in section 892.101 of title 5, Code of Federal Regulations, or any successor regulation.

“(c)

Verification Requirements.—

Not later than 1 year after the date of enactment of this Act [], the Director shall issue regulations and implement a process to verify—

“(1)

the veracity of any qualifying life event through which an enrollee in the Program seeks to add a member of family with respect to the enrollee to a health benefits plan under the Program; and

“(2)

that, when an enrollee in the Program seeks to add a member of family with respect to the enrollee to the health benefits plan of the enrollee under the Program, including during any open season, the individual so added is a qualifying member of family with respect to the enrollee.

“(d)

Fraud Risk Assessment.—

In any fraud risk assessment conducted with respect to the Program on or after the date of enactment of this Act, the Director shall include an assessment of individuals who are enrolled in, or covered under, a health benefits plan under the Program even though those individuals are not eligible to be so enrolled or covered.

“(e)

Family Member Eligibility Verification Audit.—

“(1)

In general.—

During the 3-year period beginning on the date that is 1 year after the date of enactment of this Act, the Director shall carry out a comprehensive audit regarding members of family who are covered under an enrollment in a health benefits plan under the Program.

“(2)

Contents.—

With respect to the audit carried out under paragraph (1), the Director shall review marriage certificates, birth certificates, and other appropriate documents that are necessary to determine eligibility to enroll in a health benefits plan under the Program.

“(f)

Disenrollment or Removal.—

Not later than 180 days after the date of enactment of this Act, the Director shall develop a process by which any individual enrolled in, or covered under, a health benefits plan under the Program who is not eligible to be so enrolled or covered shall be disenrolled or removed from enrollment in, or coverage under, that health benefits plan.”

Weighted Average for First Year

Pub. L. 113–67, div. A, title VII, § 706(d), , 127 Stat. 1194, provided that: “For the first contract year for which an employee may enroll for self plus one coverage under chapter 89 of title 5, United States Code, the Office of Personnel Management shall determine the weighted average of the subscription charges that will be in effect for the contract year for enrollments for self plus one under such chapter based on an actuarial analysis.”

Election of Health Benefits Coverage and Entitlement to Health Benefits Under this Chapter Rather Than Under Retired Federal Employees Health Benefits Act

Pub. L. 93–246, §§ 2, 4(b), , 88 Stat. 4, provided that:

“Sec. 2.

(a)

Notwithstanding any other provision of law, an annuitant, as defined under section 8901(3) of title 5, United States Code, who is participating or who is eligible to participate in the health benefits program offered under the Retired Federal Employees Health Benefits Act (74 Stat. 849; Public Law 86–724), may elect, in accordance with regulations prescribed by the United States Civil Service Commission, to be covered under the provisions of chapter 89 of title 5, United States Code, in lieu of coverage under such Act.

“(b)

An annuitant who elects to be covered under the provisions of chapter 89 of title 5, United States Code, in accordance with subsection (a) of this section, shall be entitled to the benefits under such chapter 89.

“[Sec. 4]

(b)

Section 2 [set out above] shall take effect on the one hundred and eightieth day following the date of enactment [] or on such earlier date as the United States Civil Service Commission may prescribe.”

Credits

1966–2019 · 12 acts
  1. 1966Pub. L. 89–554, , 80 Stat. 603
  2. 1978Pub. L. 95–454, title IX, § 906(a)(2), (3), , 92 Stat. 1224
  3. 1984Pub. L. 98–615, § 3(4), , 98 Stat. 3203
  4. 1985Pub. L. 99–53, § 2(a), (c), , 99 Stat. 94
  5. 1986Pub. L. 99–251, title I, §§ 103, 104(a), , 100 Stat. 14
  6. 1986Pub. L. 99–335, title II, § 207(m), , 100 Stat. 598
  7. 1988Pub. L. 100–654, title II, §§ 201(c), (d), 202(c), , 102 Stat. 3845
  8. 1992Pub. L. 102–378, § 2(77), , 106 Stat. 1355
  9. 1998Pub. L. 105–261, div. A, title VII, § 721(b)(1), , 112 Stat. 2065
  10. 2000Pub. L. 106–394, § 2, , 114 Stat. 1629
  11. 2013Pub. L. 113–67, div. A, title VII, § 706(a), , 127 Stat. 1193
  12. 2019Pub. L. 116–92, div. A, title XI, § 1110(a), , 133 Stat. 1600.
Show as published

(Pub. L. 89–554, , 80 Stat. 603; Pub. L. 95–454, title IX, § 906(a)(2), (3), , 92 Stat. 1224; Pub. L. 98–615, § 3(4), , 98 Stat. 3203; Pub. L. 99–53, § 2(a), (c), , 99 Stat. 94; Pub. L. 99–251, title I, §§ 103, 104(a), , 100 Stat. 14; Pub. L. 99–335, title II, § 207(m), , 100 Stat. 598; Pub. L. 100–654, title II, §§ 201(c), (d), 202(c), , 102 Stat. 3845; Pub. L. 102–378, § 2(77), , 106 Stat. 1355; Pub. L. 105–261, div. A, title VII, § 721(b)(1), , 112 Stat. 2065; Pub. L. 106–394, § 2, , 114 Stat. 1629; Pub. L. 113–67, div. A, title VII, § 706(a), , 127 Stat. 1193; Pub. L. 116–92, div. A, title XI, § 1110(a), , 133 Stat. 1600.)

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