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119th Congress

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119th Congress

Title 5 — Government Organization and Employees

Part III · Chapter 89 — Health Insurance

§ 8906. Contributions

Statutory text

(a)
(1)

Not later than October 1 of each year, the Office of Personnel Management shall determine the weighted average of the subscription charges that will be in effect during the following contract year with respect to—

(A)

enrollments under this chapter for self alone;

(B)

enrollments under this chapter for self plus one; and

(C)

enrollments under this chapter for self and family.

(2)

In determining each weighted average under paragraph (1), the weight to be given to a particular subscription charge shall, with respect to each plan (and option) to which it is to apply, be commensurate with the number of enrollees enrolled in such plan (and option) as of March 31 of the year in which the determination is being made.

(3)

For purposes of paragraph (2), the term “enrollee” means any individual who, during the contract year for which the weighted average is to be used under this section, will be eligible for a Government contribution for health benefits.

(b)
(1)

Except as provided in paragraphs (2), (3), and (4), the biweekly Government contribution for health benefits for an employee or annuitant enrolled in a health benefits plan under this chapter is adjusted to an amount equal to 72 percent of the weighted average under subsection (a)(1)(A) or (B), as applicable. For an employee, the adjustment begins on the first day of the employee’s first pay period of each year. For an annuitant, the adjustment begins on the first day of the first period of each year for which an annuity payment is made.

(2)

The biweekly Government contribution for an employee or annuitant enrolled in a plan under this chapter shall not exceed 75 percent of the subscription charge.

(3)

In the case of an employee who is occupying a position on a part-time career employment basis (as defined in section 3401(2) of this title), the biweekly Government contribution shall be equal to the percentage which bears the same ratio to the percentage determined under this subsection (without regard to this paragraph) as the average number of hours of such employee’s regularly scheduled workweek bears to the average number of hours in the regularly scheduled workweek of an employee serving in a comparable position on a full-time career basis (as determined under regulations prescribed by the Office).

(4)

In the case of persons who are enrolled in a health benefits plan as part of the demonstration project under section 1108 of title 10, the Government contribution shall be subject to the limitation set forth in subsection (i) of that section.

(c)

There shall be withheld from the pay of each enrolled employee and (except as provided in subsection (i) of this section) the annuity of each enrolled annuitant and there shall be contributed by the Government, amounts, in the same ratio as the contributions of the employee or annuitant and the Government under subsection (b) of this section, which are necessary for the administrative costs and the reserves provided for by section 8909(b) of this title.

(d)

The amount necessary to pay the total charge for enrollment, after the Government contribution is deducted, shall be withheld from the pay of each enrolled employee and (except as provided in subsection (i) of this section) from the annuity of each enrolled annuitant. The withholding for an annuitant shall be the same as that for an employee enrolled in the same health benefits plan and level of benefits.

(e)
(1)
(A)

An employee enrolled in a health benefits plan under this chapter who is placed in a leave without pay status may have his coverage and the coverage of members of his family continued under the plan for not to exceed 1 year under regulations prescribed by the Office.

(B)

During each pay period in which an enrollment continues under subparagraph (A)—

(i)

employee and Government contributions required by this section shall be paid on a current basis; and

(ii)

if necessary, the head of the employing agency shall approve advance payment, recoverable in the same manner as under section 5524a(c), of a portion of basic pay sufficient to pay current employee contributions.

(C)

Each agency shall establish procedures for accepting direct payments of employee contributions for the purposes of this paragraph.

(2)

An employee who enters on approved leave without pay to serve as a full-time officer or employee of an organization composed primarily of employees as defined by section 8901 of this title, within 60 days after entering on that leave without pay, may file with his employing agency an election to continue his health benefits enrollment and arrange to pay currently into the Employees Health Benefits Fund, through his employing agency, both employee and agency contributions from the beginning of leave without pay. The employing agency shall forward the enrollment charges so paid to the Fund. If the employee does not so elect, his enrollment will continue during nonpay status and end as provided by paragraph (1) of this subsection and implementing regulations.

(3)
(A)

An employing agency may pay both the employee and Government contributions, and any additional administrative expenses otherwise chargeable to the employee, with respect to health care coverage for an employee described in subparagraph (B) and the family of such employee.

(B)

An employee referred to in subparagraph (A) is an employee who—

(i)

is enrolled in a health benefits plan under this chapter;

(ii)

is a member of a reserve component of the armed forces;

(iii)

is called or ordered to active duty in support of a contingency operation (as defined in section 101(a)(13) of title 10);

(iv)

is placed on leave without pay or separated from service to perform active duty; and

(v)

serves on active duty for a period of more than 30 consecutive days.

(C)

Notwithstanding the one-year limitation on coverage described in paragraph (1)(A), payment may be made under this paragraph for a period not to exceed 24 months.

(f)

The Government contribution, and any additional payments under subsection (e)(3)(A), for health benefits for an employee shall be paid—

(1)

in the case of employees generally, from the appropriation or fund which is used to pay the employee;

(2)

in the case of an elected official, from an appropriation or fund available for payment of other salaries of the same office or establishment;

(3)

in the case of an employee of the legislative branch who is paid by the Chief Administrative Officer of the House of Representatives, from the applicable accounts of the House of Representatives; and

(4)

in the case of an employee in a leave without pay status, from the appropriation or fund which would be used to pay the employee if he were in a pay status.

(g)
(1)

Except as provided in paragraphs (2) and (3), the Government contributions authorized by this section for health benefits for an annuitant shall be paid from annual appropriations which are authorized to be made for that purpose and which may be made available until expended.

(2)
(A)

The Government contributions authorized by this section for health benefits for an individual who first becomes an annuitant by reason of retirement from employment with the United States Postal Service on or after , or for a survivor of such an individual or of an individual who died on or after , while employed by the United States Postal Service, shall through , be paid by the United States Postal Service, and thereafter shall be paid first from the Postal Service Retiree Health Benefits Fund up to the amount contained in the Fund, with any remaining amount paid by the United States Postal Service.

(B)

In determining any amount for which the Postal Service is liable under this paragraph, the amount of the liability shall be prorated to reflect only that portion of total service which is attributable to civilian service performed (by the former postal employee or by the deceased individual referred to in subparagraph (A), as the case may be) after , as estimated by the Office of Personnel Management.

(3)

The Government contribution for persons enrolled in a health benefits plan as part of the demonstration project under section 1108 of title 10 shall be paid as provided in subsection (i) of that section.

(h)

The Office shall provide for conversion of biweekly rates of contribution specified by this section to rates for employees and annuitants paid on other than a biweekly basis, and for this purpose may provide for the adjustment of the converted rate to the nearest cent.

(i)

An annuitant whose annuity is insufficient to cover the withholdings required for enrollment in a particular health benefits plan may enroll (or remain enrolled) in such plan, notwithstanding any other provision of this section, if the annuitant elects, under conditions prescribed by regulations of the Office, to pay currently into the Employees Health Benefits Fund, through the retirement system that administers the annuitant’s health benefits enrollment, an amount equal to the withholdings that would otherwise be required under this section.

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. § 8906

    Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 604

    Source evidence

    Code source credit
    Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 604

  2. Pub. L. 91–418 § 1(a) · 84 Stat. 869

    Substituted · 5 U.S.C. § 8906(a)

    Pub. L. 91–418, in increasing the Government contribution to the cost of health benefits insurance, substituted provision for adjustment of such contribution, beginning on the first day of the first pay period of each year, to an amount equal to 40 percent of the adjustment, with respect to self alone or self and family enrollments, as applicable, for the highest level of benefits offered by the service benefit plan, the indemnity benefit plan, the two employee organization plans, and the two comprehensive medical plans, for prior provision for a contribution, in addition to requirement of subsec. (c) of this section, of $1.62 if the enrollment is for self or $3.94 if the enrollment is for self and family

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 91–418, in increasing the Government contribution to the cost of health benefits insurance, substituted provision for adjustment of such contribution, beginning on the first day of the first pay period of each year, to an amount equal to 40 percent of the adjustment, with respect to self alone or self and family enrollments, as applicable, for the highest level of benefits offered by the service benefit plan, the indemnity benefit plan, the two employee organization plans, and the two comprehensive medical plans, for prior provision for a contribution, in addition to requirement of subsec. (c) of this section, of $1.62 if the enrollment is for self or $3.94 if the enrollment is for self and family.

    Enacted provision · exact public law section
    (1) Section 2(4) is amended by inserting immediately before the period at the end thereof a comma and the following: “and includes the Social Security Administration for purposes of supplementary medical insurance provided by part B of title XVIII of the Social Security Act”; 79 Stat. 301; 81 Stat. 874. 42 USC 1395j–1395w.

  3. Pub. L. 93–246 § 1(a) · [88 Stat. 3]

    1. Struck · 5 U.S.C. § 8906(a)

      Pub. L. 93–246, § 1(a), struck out introductory text “Except as provided by subsection (b) of this section, the biweekly Government contribution for health benefits for employees or annuitants enrolled in health benefits plans under this chapter shall be adjusted”, now incorporated in subsec. (b)(1) of this section, required Commission determination of average of subscription charges, and reenacted remainder of existing provisions

    2. Substituted · 5 U.S.C. § 8906(a)

      Pub. L. 93–246, § 1(a), substituting “beginning date of each contract year” for “beginning date of the adjustment”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 93–246, § 1(a), struck out introductory text “Except as provided by subsection (b) of this section, the biweekly Government contribution for health benefits for employees or annuitants enrolled in health benefits plans under this chapter shall be adjusted”, now incorporated in subsec. (b)(1) of this section, required Commission determination of average of subscription charges, and reenacted remainder of existing provisions, substituting “beginning date of each contract year” for “beginning date of the adjustment”.

  4. Pub. L. 93–246 § 1(a) · [88 Stat. 3]

    1. Amended · 5 U.S.C. § 8906(b)(1)

      Pub. L. 93–246, § 1(a), incorporated introductory text of former subsec. (a) reading “Except as provided by subsection (b) of this section, the biweekly Government contribution for health benefits for employees or annuitants enrolled in health benefits plans under this chapter shall be adjusted”, as initial text of provisions designated as subsec. (b)(1)

    2. Substituted · 5 U.S.C. § 8906(b)(1)

      Pub. L. 93–246, § 1(a), incorporated introductory text of former subsec. (a) reading “Except as provided by subsection (b) of this section, the biweekly Government contribution for health benefits for employees or annuitants enrolled in health benefits plans under this chapter shall be adjusted”, as initial text of provisions substituted provision for amount of biweekly Government contribution equal to 50 percent of average subscription charge for applicable pay periods commencing in 1974 and 60 percent for applicable pay periods commencing in 1975, and annually thereafter, for former subsec. (a) provision for an amount equal to 40 percent of average of subscription charges and former subsec. (b) provision for 50 percent of subscription charge where the biweekly subscription charge was less than twice the Government contribution

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 93–246, § 1(a), incorporated introductory text of former subsec. (a) reading “Except as provided by subsection (b) of this section, the biweekly Government contribution for health benefits for employees or annuitants enrolled in health benefits plans under this chapter shall be adjusted”, as initial text of provisions designated as subsec. (b)(1), substituted provision for amount of biweekly Government contribution equal to 50 percent of average subscription charge for applicable pay periods commencing in 1974 and 60 percent for applicable pay periods commencing in 1975, and annually thereafter, for former subsec. (a) provision for an amount equal to 40 percent of average of subscription charges and former subsec. (b) provision for 50 percent of subscription charge where the biweekly subscription charge was less than twice the Government contribution.

  5. Pub. L. 93–246 § 1(a) · [88 Stat. 3]

    Added · 5 U.S.C. § 8906(b)(2)

    Pub. L. 93–246, § 1(a), added par. (2)

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 93–246, § 1(a), added par. (2).

  6. Pub. L. 93–246 § 1(b) · [88 Stat. 3]

    Struck · 5 U.S.C. § 8906(c)

    Pub. L. 93–246, § 1(b), struck out reference to subsec. (a)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 93–246, § 1(b), struck out reference to subsec. (a).

  7. Pub. L. 93–246 § 1(c) · [88 Stat. 3]

    Substituted · 5 U.S.C. § 8906(g)

    Pub. L. 93–246, § 1(c), substituted “by this section” for “by subsection (a) of this section”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 93–246, § 1(c), substituted “by this section” for “by subsection (a) of this section”.

  8. Pub. L. 94–310 § 3(a) · 90 Stat. 687

    Changed · 5 U.S.C. § 8906(g)

    Pub. L. 94–310 provided for payment of Government contributions from annual appropriations which may be made available until expended

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 94–310 provided for payment of Government contributions from annual appropriations which may be made available until expended.

    Enacted provision · exact public law section
    (a) Subsection (g) of section 8906 of title 5, United States Code, is amended by striking out the period at the end thereof and inserting in lieu thereof the following: “and which may be made available until expended.”.

  9. Pub. L. 95–437 § 4(c)(2)(A)(i) · 92 Stat. 1055

    Substituted · 5 U.S.C. § 8906(b)(1)

    Pub. L. 95–437, § 4(c)(2)(A)(i), substituted “paragraphs (2) and (3)” for “paragraph (2)”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 95–437, § 4(c)(2)(A)(i), substituted “paragraphs (2) and (3)” for “paragraph (2)”.

    Enacted provision · exact public law section
    (i) by striking out “paragraph (2)” in paragraph (1) and inserting in lieu thereof “paragraphs (2) and (3)”; and

  10. Pub. L. 95–437 § 4(c)(2)(A)(ii) · 92 Stat. 1055

    Added · 5 U.S.C. § 8906(b)(3)

    Pub. L. 95–437, § 4(c)(2)(A)(ii), added par. (3)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 95–437, § 4(c)(2)(A)(ii), added par. (3).

    Enacted provision · exact public law section
    (ii) by adding at the end thereof the following new paragraph: “(3) In the case of an employee who is occupying a position on a part-time career employment basis (as defined in section 3391(2) of this title), the biweekly Government contribution shall be equal to the percentage which bears the same ratio to the percentage determined under this subsection (without regard to this paragraph) as the average number of hours of such employee’s regularly scheduled workweek bears to the average number of hours in the regularly scheduled workweek of an employee serving in a comparable position on a full-time career basis (as determined under regulations prescribed by the Commission)”.

  11. Pub. L. 95–454 § 906(a)(15) · 92 Stat. 1111

    1. Substituted · 5 U.S.C. § 8906(a)

      Pub. L. 95–454, § 906(a)(15), substituted “Office of Personnel Management” for “Commission” in cls. (3) and (4)

    2. Substituted · 5 U.S.C. § 8906(a)

      Pub. L. 95–454, § 906(a)(15), substituted “Office” for “Commission” in cls. (3) and (4)

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 95–454, § 906(a)(15), substituted “Office of Personnel Management” for “Commission” in introductory material, and “Office” for “Commission” in cls. (3) and (4).

    Enacted provision · exact public law section
    (15) in section 8906, by striking out “Commission” each place it appears and inserting in lieu thereof “Office of Personnel Management” the first time it appears and “Office” the other times it appears;

  12. Pub. L. 95–454 § 906(a)(15) · 92 Stat. 1111

    1. Substituted · 5 U.S.C. § 8906(b)(3)

      Pub. L. 95–454, § 906(a)(15), (c)(2)(F), substituted “Office” for “Commission”

    2. Substituted · 5 U.S.C. § 8906(b)(3)

      Pub. L. 95–454, § 906(a)(15), (c)(2)(F), substituted “3401” for “3391”

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 95–454, § 906(a)(15), (c)(2)(F), substituted “Office” for “Commission”, and “3401” for “3391”.

    Enacted provision · exact public law section
    (15) in section 8906, by striking out “Commission” each place it appears and inserting in lieu thereof “Office of Personnel Management” the first time it appears and “Office” the other times it appears;

  13. Pub. L. 95–454 § 906(a)(15) · 92 Stat. 1111

    Substituted · 5 U.S.C. § 8906(e)(1); 5 U.S.C. § 8906(e)(h)

    Pub. L. 95–454, § 906(a)(15), substituted “Office” for “Commission”

    Source evidence

    Code amendment note
    Subsecs. (e)(1), (h). Pub. L. 95–454, § 906(a)(15), substituted “Office” for “Commission”.

    Enacted provision · exact public law section
    (15) in section 8906, by striking out “Commission” each place it appears and inserting in lieu thereof “Office of Personnel Management” the first time it appears and “Office” the other times it appears;

  14. Pub. L. 96–54 § 2(a)(53) · 93 Stat. 381

    Substituted · 5 U.S.C. § 8906(b)(1)

    Pub. L. 96–54 substituted provisions setting forth adjustment amount of the Government contribution of equal to 60 percent of the average subscription charge under subsec. (a) and determinations respecting the commencement date of the adjustment, for provisions setting forth adjustment amounts of the Government contribution of equal to 50 percent of the average subscription charge under subsec. (a) for applicable pay periods beginning in 1974, and equal to 60 percent for pay periods beginning in 1975 and after, and determinations respecting the commencement date of the adjustment

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 96–54 substituted provisions setting forth adjustment amount of the Government contribution of equal to 60 percent of the average subscription charge under subsec. (a) and determinations respecting the commencement date of the adjustment, for provisions setting forth adjustment amounts of the Government contribution of equal to 50 percent of the average subscription charge under subsec. (a) for applicable pay periods beginning in 1974, and equal to 60 percent for pay periods beginning in 1975 and after, and determinations respecting the commencement date of the adjustment.

    Enacted provision · exact public law section
    (53) Section 8906(b)(1) is amended to read as follows: “(b) (1) Except as provided by paragraphs (2) and (3) of this subsection, the biweekly Government contribution for health benefits for an employee or annuitant enrolled in a health benefits plan under this chapter is adjusted to an amount equal to 60 percent of the average subscription charge determined under subsection (a) of this section. For an employee, the adjustment begins on the first day of the employee’s first pay period of each year. For an annuitant, the adjustment begins on the first day of the first period of each year for which an annuity payment is made.”.

  15. Consolidated Omnibus Budget Reconciliation Act of 1985

    Pub. L. 99–272 title XV § 15202(b) · 100 Stat. 82

    1. Amended · 5 U.S.C. § 8906(g)

      Pub. L. 99–272 designated existing provisions as par. (1)

    2. Added · 5 U.S.C. § 8906(g)

      Pub. L. 99–272 added par. (2)

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 99–272 designated existing provisions as par. (1) and added par. (2).

    Enacted provision · exact public law section
    (b) Government Contributions for Retired Former Employees of the United States Postal Service.— Section 8906(g) of title 5, United States Code, is amended— (1) by striking out “(g) The” and inserting in lieu thereof “(g)(1) Except as provided in paragraph (2), the”; and (2) by adding at the end thereof the following: “(2) The Government contributions authorized by this section for health benefits for an individual who first becomes an annuitant by reason of retirement from employment with the United States Postal Service on or after October 1, 1986, shall be paid by the United States Postal Service.”.

  16. Omnibus Budget Reconciliation Act of 1989

    Pub. L. 101–239 title IV § 4003(a) · 103 Stat. 2106

    Inserted · 5 U.S.C. § 8906(g)(2)

    Pub. L. 101–239 inserted “or for a survivor of such an individual or of an individual who died on or after October 1, 1986, while employed by the United States Postal Service,” after “1986,”

    Source evidence

    Code amendment note
    Subsec. (g)(2). Pub. L. 101–239 inserted “or for a survivor of such an individual or of an individual who died on or after October 1, 1986, while employed by the United States Postal Service,” after “1986,”.

    Enacted provision · exact public law section
    (a) Generally.— Section 8906(g)(2) of title 5, United States Code, is amended by inserting “or for a survivor of such an individual or of an individual who died on or after October 1, 1986, while employed by the United States Postal Service,” after “1986,”.

  17. Pub. L. 101–303 § 1(b)(1) · 104 Stat. 250

    Inserted · 5 U.S.C. § 8906(c)

    Pub. L. 101–303, § 1(b)(1), inserted “except as provided in subsection (i) of this section)” after “enrolled employee and”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 101–303, § 1(b)(1), inserted “except as provided in subsection (i) of this section)” after “enrolled employee and”.

    Enacted provision · exact public law section
    (1) in subsection (c), by inserting “except as provided in subsection (i) of this section)” before “the annuity”; and

  18. Pub. L. 101–303 § 1(b)(2) · 104 Stat. 250

    Inserted · 5 U.S.C. § 8906(d)

    Pub. L. 101–303, § 1(b)(2), inserted “(except as provided in subsection (i) of this section)” after “enrolled employee and”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 101–303, § 1(b)(2), inserted “(except as provided in subsection (i) of this section)” after “enrolled employee and”.

    Enacted provision · exact public law section
    (2) in subsection (d), by inserting “(except as provided in subsection (i) of this section)” before “from the annuity”.

  19. Pub. L. 101–303 § 1(a) · 104 Stat. 250

    Added · 5 U.S.C. § 8906(i)

    Pub. L. 101–303, § 1(a), added subsec. (i)

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 101–303, § 1(a), added subsec. (i).

    Enacted provision · exact public law section
    (a) Authority for Direct Payments.— Section 8906 of title 5, United States Code, is amended by adding at the end the following: “(i) An annuitant whose annuity is insufficient to cover the withholdings required for enrollment in a particular health benefits plan may enroll (or remain enrolled) in such plan, notwithstanding any other provision of this section, if the annuitant elects, under conditions prescribed by regulations of the Office, to pay currently into the Employees Health Benefits Fund, through the retirement system that administers the annuitant’s health benefits enrollment, an amount equal to the withholdings that would otherwise be required under this section.”.

  20. Omnibus Budget Reconciliation Act of 1990

    Pub. L. 101–508 title VII § 7102(a) · 104 Stat. 1388

    1. Amended · 5 U.S.C. § 8906(g)(2)

      Pub. L. 101–508 designated existing provisions as subpar. (A)

    2. Substituted · 5 U.S.C. § 8906(g)(2)

      Pub. L. 101–508 substituted “July 1, 1971,” for “October 1, 1986,” in two places

    3. Added · 5 U.S.C. § 8906(g)(2)

      Pub. L. 101–508 added subpar. (B)

    Source evidence

    Code amendment note
    Subsec. (g)(2). Pub. L. 101–508 designated existing provisions as subpar. (A), substituted “July 1, 1971,” for “October 1, 1986,” in two places, and added subpar. (B).

    Enacted provision · exact public law section
    (a) Expanded Scope of Coverage.— Section 8906(g)(2) of title 5, United States Code, is amended by striking “October 1, 1986,” each place it appears and inserting “July 1, 1971,”.

  21. Technical and Miscellaneous Civil Service Amendments Act of 1992

    Pub. L. 102–378 § 2(78)(A) · 106 Stat. 1346

    Inserted · 5 U.S.C. § 8906(b)(3)

    Pub. L. 102–378, § 2(78)(A), inserted period after “Office)”

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 102–378, § 2(78)(A), inserted period after “Office)”.

    Enacted provision · exact public law section
    (A) in subsection (b)(3) by inserting a period after “Office)”; and

  22. Technical and Miscellaneous Civil Service Amendments Act of 1992

    Pub. L. 102–378 § 2(78)(B) · 106 Stat. 1346

    Substituted · 5 U.S.C. § 8906(c)

    Pub. L. 102–378, § 2(78)(B), substituted “and (except” for “and except”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 102–378, § 2(78)(B), substituted “and (except” for “and except”.

    Enacted provision · exact public law section
    (B) in subsection (c) by striking “and except” and inserting “and (except”.

  23. House of Representatives Administrative Reform Technical Corrections Act

    Pub. L. 104–186 title II § 215(19) · 110 Stat. 1718

    Substituted · 5 U.S.C. § 8906(f)(3)

    Pub. L. 104–186 substituted “Chief Administrative Officer of the House of Representatives, from the applicable accounts of the House of Representatives” for “Clerk of the House of Representatives, from the contingent fund of the House”

    Source evidence

    Code amendment note
    Subsec. (f)(3). Pub. L. 104–186 substituted “Chief Administrative Officer of the House of Representatives, from the applicable accounts of the House of Representatives” for “Clerk of the House of Representatives, from the contingent fund of the House”.

    Enacted provision · exact public law section
    (19) Section 8906(f)(3) of title 5, United States Code, is amended by striking out “Clerk of the House of Representatives, from the contingent fund of the House” and inserting in lieu thereof “Chief Administrative Officer of the House of Representatives, from the applicable accounts of the House of Representatives”.

  24. Amber Hagerman Child Protection Act of 1996

    Pub. L. 104–208 div. A title I § 101(f)(tIV)(s422) · 110 Stat. 3009

    1. Struck · 5 U.S.C. § 8906(e)(1)

      Pub. L. 104–208 struck out at end “The regulations may provide for the waiving of contributions by the employee and the Government.”

    2. Inserted · 5 U.S.C. § 8906(e)(1)

      Pub. L. 104–208 inserted subpar. (A) designation

    3. Added · 5 U.S.C. § 8906(e)(1)

      Pub. L. 104–208 added subpars. (B) and (C)

    Source evidence

    Code amendment note
    Subsec. (e)(1). Pub. L. 104–208 struck out at end “The regulations may provide for the waiving of contributions by the employee and the Government.”, inserted subpar. (A) designation, and added subpars. (B) and (C).

    Enacted provision · exact public law section
    Sec. 101. (a) For programs, projects or activities in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1997, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act:

  25. Balanced Budget Act of 1997

    Pub. L. 105–33 title VII § 7002(a) · 111 Stat. 251

    1. Added · 5 U.S.C. § 8906(a)

      Pub. L. 105–33 added subsec. (a)

    2. Struck · 5 U.S.C. § 8906(a)

      Pub. L. 105–33 struck out former subsec. (a) which read as follows: “The Office of Personnel Management shall determine the average of the subscription charges in effect on the beginning date of each contract year with respect to self alone or self and family enrollments under this chapter, as applicable, for the highest level of benefits offered by—

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 105–33 added subsec. (a) and struck out former subsec. (a) which read as follows: “The Office of Personnel Management shall determine the average of the subscription charges in effect on the beginning date of each contract year with respect to self alone or self and family enrollments under this chapter, as applicable, for the highest level of benefits offered by—

    “(1) the service benefit plan; “(2) the indemnity benefit plan; “(3) the two employee organization plans with the largest number of enrollments, as determined by the Office; and “(4) the two comprehensive medical plans with the largest number of enrollments, as determined by the Office.”

    Enacted provision · exact public law section
    (a) In General.— Section 8906 of title 5, United States Code, is amended by striking subsection (a) and all that follows through the end of paragraph (1) of subsection (b) and inserting the following: “(a) (1) Not later than October 1 of each year, the Office of Personnel Management shall determine the weighted average of the subscription charges that will be in effect during the following contract year with respect to— “(A) enrollments under this chapter for self alone; and “(B) enrollments under this chapter for self and family. “(2) In determining each weighted average under paragraph (1), the weight to be given to a particular subscription charge shall, with respect to each plan (and option) to which it is to apply, be commensurate with the number of enrollees enrolled in such plan (and option) as of March 31 of the year in which the determination is being made. “(3) For purposes of paragraph (2), the term ‘enrollee’ means any individual who, during the contract year for which the weighted average is to be used under this section, will be eligible for a Government contribution for health benefits. “(b) (1) Except as provided in paragraphs (2) and (3), the biweekly Government contribution for health benefits for an employee or annuitant enrolled in a health benefits plan under this chapter is adjusted to an amount equal to 72 percent of the weighted average under subsection (a)(1) (A) or (B), as applicable. For an employee, the adjustment begins on the first day of the employee’s first pay period of each year. For an annuitant, the adjustment begins on the first day of the first period of each year for which an annuity payment is made.”.

  26. Balanced Budget Act of 1997

    Pub. L. 105–33 title VII § 7002(a) · 111 Stat. 251

    1. Added · 5 U.S.C. § 8906(b)(1)

      Pub. L. 105–33 added par. (1)

    2. Struck · 5 U.S.C. § 8906(b)(1)

      Pub. L. 105–33 struck out former par. (1) which read as follows: “Except as provided by paragraphs (2) and (3) of this subsection, the biweekly Government contribution for health benefits for an employee or annuitant enrolled in a health benefits plan under this chapter is adjusted to an amount equal to 60 percent of the average subscription charge determined under subsection (a) of this section. For an employee, the adjustment begins on the first day of the employee’s first pay period of each year. For an annuitant, the adjustment begins on the first day of the first period of each year for which an annuity payment is made.”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 105–33 added par. (1) and struck out former par. (1) which read as follows: “Except as provided by paragraphs (2) and (3) of this subsection, the biweekly Government contribution for health benefits for an employee or annuitant enrolled in a health benefits plan under this chapter is adjusted to an amount equal to 60 percent of the average subscription charge determined under subsection (a) of this section. For an employee, the adjustment begins on the first day of the employee’s first pay period of each year. For an annuitant, the adjustment begins on the first day of the first period of each year for which an annuity payment is made.”

    Enacted provision · exact public law section
    (a) In General.— Section 8906 of title 5, United States Code, is amended by striking subsection (a) and all that follows through the end of paragraph (1) of subsection (b) and inserting the following: “(a) (1) Not later than October 1 of each year, the Office of Personnel Management shall determine the weighted average of the subscription charges that will be in effect during the following contract year with respect to— “(A) enrollments under this chapter for self alone; and “(B) enrollments under this chapter for self and family. “(2) In determining each weighted average under paragraph (1), the weight to be given to a particular subscription charge shall, with respect to each plan (and option) to which it is to apply, be commensurate with the number of enrollees enrolled in such plan (and option) as of March 31 of the year in which the determination is being made. “(3) For purposes of paragraph (2), the term ‘enrollee’ means any individual who, during the contract year for which the weighted average is to be used under this section, will be eligible for a Government contribution for health benefits. “(b) (1) Except as provided in paragraphs (2) and (3), the biweekly Government contribution for health benefits for an employee or annuitant enrolled in a health benefits plan under this chapter is adjusted to an amount equal to 72 percent of the weighted average under subsection (a)(1) (A) or (B), as applicable. For an employee, the adjustment begins on the first day of the employee’s first pay period of each year. For an annuitant, the adjustment begins on the first day of the first period of each year for which an annuity payment is made.”.

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

    Pub. L. 105–261 § 721(b)(2)(A) · 112 Stat. 1920

    Substituted · 5 U.S.C. § 8906(b)(1)

    Pub. L. 105–261, § 721(b)(2)(A), substituted “paragraphs (2), (3), and (4)” for “paragraphs (2) and (3)”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 105–261, § 721(b)(2)(A), substituted “paragraphs (2), (3), and (4)” for “paragraphs (2) and (3)”.

    Enacted provision · exact public law section
    (A) in paragraph (1), by striking “paragraphs (2) and (3)” and inserting in lieu thereof “paragraphs (2), (3), and (4)”; and

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

    Pub. L. 105–261 § 721(b)(2)(B) · 112 Stat. 1920

    Added · 5 U.S.C. § 8906(b)(4)

    Pub. L. 105–261, § 721(b)(2)(B), added par. (4)

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 105–261, § 721(b)(2)(B), added par. (4).

    Enacted provision · exact public law section
    (B) by adding at the end the following new paragraph: “(4) In the case of persons who are enrolled in a health benefits plan as part of the demonstration project under section 1108 of title 10, the Government contribution shall be subject to the limitation set forth in subsection (i) of that section.”;

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

    Pub. L. 105–261 § 721(b)(3)(A) · 112 Stat. 1920

    Substituted · 5 U.S.C. § 8906(g)(1)

    Pub. L. 105–261, § 721(b)(3)(A), substituted “paragraphs (2) and (3)” for “paragraph (2)”

    Source evidence

    Code amendment note
    Subsec. (g)(1). Pub. L. 105–261, § 721(b)(3)(A), substituted “paragraphs (2) and (3)” for “paragraph (2)”.

    Enacted provision · exact public law section
    (A) in paragraph (1), by striking “paragraph (2)” and inserting in lieu thereof “paragraphs (2) and (3)”; and

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

    Pub. L. 105–261 § 721(b)(3)(B) · 112 Stat. 1920

    Added · 5 U.S.C. § 8906(g)(3)

    Pub. L. 105–261, § 721(b)(3)(B), added par. (3)

    Source evidence

    Code amendment note
    Subsec. (g)(3). Pub. L. 105–261, § 721(b)(3)(B), added par. (3).

    Enacted provision · exact public law section
    (B) by adding at the end the following new paragraph: “(3) The Government contribution for persons enrolled in a health benefits plan as part of the demonstration project under section 1108 of title 10 shall be paid as provided in subsection (i) of that section.”; and

  31. National Defense Authorization Act for Fiscal Year 2002

    Pub. L. 107–107 § 519(a) · 115 Stat. 1012

    Added · 5 U.S.C. § 8906(e)(3)

    Pub. L. 107–107, § 519(a), added par. (3)

    Source evidence

    Code amendment note
    Subsec. (e)(3). Pub. L. 107–107, § 519(a), added par. (3).

    Enacted provision · exact public law section
    (a) In General.— Subsection (e) of section 8906 of title 5, United States Code, is amended by adding at the end the following new paragraph: “(3) (A) An employing agency may pay both the employee and Government contributions, and any additional administrative expenses otherwise chargeable to the employee, with respect to health care coverage for an employee described in subparagraph (B) and the family of such employee. “(B) An employee referred to in subparagraph (A) is an employee who— “(i) is enrolled in a health benefits plan under this chapter; “(ii) is a member of a reserve component of the armed forces; “(iii) is called or ordered to active duty in support of a contingency operation (as defined in section 101(a)(13) of title 10); “(iv) is placed on leave without pay or separated from service to perform active duty; and “(v) serves on active duty for a period of more than 30 consecutive days. “(C) Notwithstanding the one-year limitation on coverage described in paragraph (1)(A), payment may be made under this paragraph for a period not to exceed 18 months.”.

  32. National Defense Authorization Act for Fiscal Year 2002

    Pub. L. 107–107 § 519(b) · 115 Stat. 1012

    Amended · 5 U.S.C. § 8906(f)

    Pub. L. 107–107, § 519(b), amended introductory provisions generally. Prior to amendment, introductory provisions read as follows: “The Government contributions for health benefits for an employee shall be paid—”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 107–107, § 519(b), amended introductory provisions generally. Prior to amendment, introductory provisions read as follows: “The Government contributions for health benefits for an employee shall be paid—”.

    Enacted provision · exact public law section
    (b) Conforming Amendment.— The matter preceding paragraph (1) in subsection (f) of such section is amended to read as follows: “(f) The Government contribution, and any additional payments under subsection (e)(3)(A), for health benefits for an employee shall be paid—”.

  33. Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005

    Pub. L. 108–375 div. A title XI § 1101(b) · 118 Stat. 1811

    Substituted · 5 U.S.C. § 8906(e)(3)(C)

    Pub. L. 108–375 substituted “24 months” for “18 months”

    Source evidence

    Code amendment note
    Subsec. (e)(3)(C). Pub. L. 108–375 substituted “24 months” for “18 months”.

    Enacted provision · exact public law section
    (b) Authority for Agencies To Pay Premiums.— Subparagraph (C) of section 8906(e)(3) of such title is amended by striking “18 months” and inserting “24 months”.

  34. Postal Civil Service Retirement and Health Benefits Funding Amendments of 2006

    Pub. L. 109–435 title VIII § 803(a)(1)(A) · 120 Stat. 3198

    Substituted · 5 U.S.C. § 8906(g)(2)(A)

    Pub. L. 109–435 substituted “shall through September 30, 2016, be paid by the United States Postal Service, and thereafter shall be paid first from the Postal Service Retiree Health Benefits Fund up to the amount contained in the Fund, with any remaining amount paid by the United States Postal Service” for “shall be paid by the United States Postal Service”

    Source evidence

    Code amendment note
    Subsec. (g)(2)(A). Pub. L. 109–435 substituted “shall through September 30, 2016, be paid by the United States Postal Service, and thereafter shall be paid first from the Postal Service Retiree Health Benefits Fund up to the amount contained in the Fund, with any remaining amount paid by the United States Postal Service” for “shall be paid by the United States Postal Service”.

    Enacted provision · exact public law section
    (A) in section 8906(g)(2)(A), by striking “shall be paid by the United States Postal Service.” and inserting “shall through September 30, 2016, be paid by the United States Postal Service, and thereafter shall be paid first from the Postal Service Retiree Health Benefits Fund up to the amount contained in the Fund, with any remaining amount paid by the United States Postal Service.”; and

    Effective date note
    Amendment by Pub. L. 109–435 effective Oct. 1, 2006, see section 805(a) of Pub. L. 109–435, set out as a note under section 8334 of this title.

  35. Bipartisan Budget Act of 2013

    Pub. L. 113–67 div. A title VII § 706(c) · 127 Stat. 1165

    1. Added · 5 U.S.C. § 8906(a)(1)(B); 5 U.S.C. § 8906(a)(1)(C)

      Pub. L. 113–67 added subpar. (B)

    2. Redesignated · 5 U.S.C. § 8906(a)(1)(B); 5 U.S.C. § 8906(a)(1)(C)

      Pub. L. 113–67 redesignated former subpar. (B) as (C)

    Source evidence

    Code amendment note
    Subsec. (a)(1)(B), (C). Pub. L. 113–67 added subpar. (B) and redesignated former subpar. (B) as (C).

    Enacted provision · exact public law section
    (c) Contributions.— Section 8906(a)(1) of title 5, United States Code is amended— (1) in subparagraph (A), by striking at the end “and”; (2) by redesignating subparagraph (B) as subparagraph (C); and (3) by inserting after subparagraph (A) the following: “(B) enrollments under this chapter for self plus one; and” .

39 of 47 references resolved to an enrolled provision · 8 partial

Notes

historicalAndRevision
Historical and Revision Notes
1966 Act
DerivationU.S. CodeRevised Statutes andStatutes at Large
 5 U.S.C. 3006.Sept. 28, 1959, Pub. L. 86–382, § 7, 73 Stat. 713.
  Mar. 17, 1964, Pub. L. 88–284, § 1(10), (11), 78 Stat. 165.

In subsection (f)(1), the words “in the case of employees generally” are inserted for clarity.

In subsection (h), the word “biweekly” is inserted for clarity.

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

historicalAndRevision
1967 Act
Section of title 5Source (U.S. Code)Source (Statutes at Large)
8906(a)8906(b)8906(e)(2)5 App.: 3006(a)(1).5 App.: 3006(a)(2).5 App.: 3006(b)(2).July 18, 1966, Pub. L. 89–504, §§ 406(b), 602, 80 Stat. 298, 303.

In subsection (a), the words “subsection (b) of this section”, “this chapter”, and “subsection (c) of this section” are substituted for “paragraph (2) of this subsection”, “this Act”, and “paragraph (3)”, respectively, to reflect the codification of title 5, United States Code.

In subsection (e)(2), the words “as defined by section 8901 of this title” are substituted for “as defined in section 2 of this Act” to reflect the codification of that section in 5 U.S.C. 8901. The words “Employees Health Benefits Fund” and “Fund” are substituted for “fund” and “fund”, respectively. In the penultimate sentence, the words “will continue during nonpay status and end” are substituted for “will terminate” for clarity and on authority of 5 U.S.C. 8906(e)(1).

Editorial Notes

Amendments1970–2013 · 16 rounds

2013

Subsec. (a)(1)(B), (C). Pub. L. 113–67 added subpar. (B) and redesignated former subpar. (B) as (C).

2006

Subsec. (g)(2)(A). Pub. L. 109–435 substituted “shall through , be paid by the United States Postal Service, and thereafter shall be paid first from the Postal Service Retiree Health Benefits Fund up to the amount contained in the Fund, with any remaining amount paid by the United States Postal Service” for “shall be paid by the United States Postal Service”.

2004

Subsec. (e)(3)(C). Pub. L. 108–375 substituted “24 months” for “18 months”.

2001

Subsec. (e)(3). Pub. L. 107–107, § 519(a), added par. (3).

Subsec. (f). Pub. L. 107–107, § 519(b), amended introductory provisions generally. Prior to amendment, introductory provisions read as follows: “The Government contributions for health benefits for an employee shall be paid—”.

1998

Subsec. (b)(1). Pub. L. 105–261, § 721(b)(2)(A), substituted “paragraphs (2), (3), and (4)” for “paragraphs (2) and (3)”.

Subsec. (b)(4). Pub. L. 105–261, § 721(b)(2)(B), added par. (4).

Subsec. (g)(1). Pub. L. 105–261, § 721(b)(3)(A), substituted “paragraphs (2) and (3)” for “paragraph (2)”.

Subsec. (g)(3). Pub. L. 105–261, § 721(b)(3)(B), added par. (3).

1997

Subsec. (a). Pub. L. 105–33 added subsec. (a) and struck out former subsec. (a) which read as follows: “The Office of Personnel Management shall determine the average of the subscription charges in effect on the beginning date of each contract year with respect to self alone or self and family enrollments under this chapter, as applicable, for the highest level of benefits offered by—

“(1) the service benefit plan;

“(2) the indemnity benefit plan;

“(3) the two employee organization plans with the largest number of enrollments, as determined by the Office; and

“(4) the two comprehensive medical plans with the largest number of enrollments, as determined by the Office.”

Subsec. (b)(1). Pub. L. 105–33 added par. (1) and struck out former par. (1) which read as follows: “Except as provided by paragraphs (2) and (3) of this subsection, the biweekly Government contribution for health benefits for an employee or annuitant enrolled in a health benefits plan under this chapter is adjusted to an amount equal to 60 percent of the average subscription charge determined under subsection (a) of this section. For an employee, the adjustment begins on the first day of the employee’s first pay period of each year. For an annuitant, the adjustment begins on the first day of the first period of each year for which an annuity payment is made.”

1996

Subsec. (e)(1). Pub. L. 104–208 struck out at end “The regulations may provide for the waiving of contributions by the employee and the Government.”, inserted subpar. (A) designation, and added subpars. (B) and (C).

Subsec. (f)(3). Pub. L. 104–186 substituted “Chief Administrative Officer of the House of Representatives, from the applicable accounts of the House of Representatives” for “Clerk of the House of Representatives, from the contingent fund of the House”.

1992

Subsec. (b)(3). Pub. L. 102–378, § 2(78)(A), inserted period after “Office)”.

Subsec. (c). Pub. L. 102–378, § 2(78)(B), substituted “and (except” for “and except”.

1990

Subsec. (c). Pub. L. 101–303, § 1(b)(1), inserted “except as provided in subsection (i) of this section)” after “enrolled employee and”.

Subsec. (d). Pub. L. 101–303, § 1(b)(2), inserted “(except as provided in subsection (i) of this section)” after “enrolled employee and”.

Subsec. (g)(2). Pub. L. 101–508 designated existing provisions as subpar. (A), substituted “,” for “,” in two places, and added subpar. (B).

Subsec. (i). Pub. L. 101–303, § 1(a), added subsec. (i).

1989

Subsec. (g)(2). Pub. L. 101–239 inserted “or for a survivor of such an individual or of an individual who died on or after , while employed by the United States Postal Service,” after “1986,”.

1986

Subsec. (g). Pub. L. 99–272 designated existing provisions as par. (1) and added par. (2).

1979

Subsec. (b)(1). Pub. L. 96–54 substituted provisions setting forth adjustment amount of the Government contribution of equal to 60 percent of the average subscription charge under subsec. (a) and determinations respecting the commencement date of the adjustment, for provisions setting forth adjustment amounts of the Government contribution of equal to 50 percent of the average subscription charge under subsec. (a) for applicable pay periods beginning in 1974, and equal to 60 percent for pay periods beginning in 1975 and after, and determinations respecting the commencement date of the adjustment.

1978

Subsec. (a). Pub. L. 95–454, § 906(a)(15), substituted “Office of Personnel Management” for “Commission” in introductory material, and “Office” for “Commission” in cls. (3) and (4).

Subsec. (b)(1). Pub. L. 95–437, § 4(c)(2)(A)(i), substituted “paragraphs (2) and (3)” for “paragraph (2)”.

Subsec. (b)(3). Pub. L. 95–454, § 906(a)(15), (c)(2)(F), substituted “Office” for “Commission”, and “3401” for “3391”.

Pub. L. 95–437, § 4(c)(2)(A)(ii), added par. (3).

Subsecs. (e)(1), (h). Pub. L. 95–454, § 906(a)(15), substituted “Office” for “Commission”.

1976

Subsec. (g). Pub. L. 94–310 provided for payment of Government contributions from annual appropriations which may be made available until expended.

1974

Subsec. (a). Pub. L. 93–246, § 1(a), struck out introductory text “Except as provided by subsection (b) of this section, the biweekly Government contribution for health benefits for employees or annuitants enrolled in health benefits plans under this chapter shall be adjusted”, now incorporated in subsec. (b)(1) of this section, required Commission determination of average of subscription charges, and reenacted remainder of existing provisions, substituting “beginning date of each contract year” for “beginning date of the adjustment”.

Subsec. (b)(1). Pub. L. 93–246, § 1(a), incorporated introductory text of former subsec. (a) reading “Except as provided by subsection (b) of this section, the biweekly Government contribution for health benefits for employees or annuitants enrolled in health benefits plans under this chapter shall be adjusted”, as initial text of provisions designated as subsec. (b)(1), substituted provision for amount of biweekly Government contribution equal to 50 percent of average subscription charge for applicable pay periods commencing in 1974 and 60 percent for applicable pay periods commencing in 1975, and annually thereafter, for former subsec. (a) provision for an amount equal to 40 percent of average of subscription charges and former subsec. (b) provision for 50 percent of subscription charge where the biweekly subscription charge was less than twice the Government contribution.

Subsec. (b)(2). Pub. L. 93–246, § 1(a), added par. (2).

Subsec. (c). Pub. L. 93–246, § 1(b), struck out reference to subsec. (a).

Subsec. (g). Pub. L. 93–246, § 1(c), substituted “by this section” for “by subsection (a) of this section”.

1970

Subsec. (a). Pub. L. 91–418, in increasing the Government contribution to the cost of health benefits insurance, substituted provision for adjustment of such contribution, beginning on the first day of the first pay period of each year, to an amount equal to 40 percent of the adjustment, with respect to self alone or self and family enrollments, as applicable, for the highest level of benefits offered by the service benefit plan, the indemnity benefit plan, the two employee organization plans, and the two comprehensive medical plans, for prior provision for a contribution, in addition to requirement of subsec. (c) of this section, of $1.62 if the enrollment is for self or $3.94 if the enrollment is for self and family.

Statutory Notes and Related Subsidiaries

Effective Date of 2006 Amendment

Amendment by Pub. L. 109–435 effective , see section 805(a) of Pub. L. 109–435, set out as a note under section 8334 of this title.

Effective Date of 2004 Amendment

Amendment by Pub. L. 108–375 applicable with respect to Federal employees called or ordered to active duty on or after , see section 1101(c) of Pub. L. 108–375, set out as a note under section 8905a of this title.

Effective Date of 2001 Amendment

Pub. L. 107–107, div. A, title V, § 519(c), , 115 Stat. 1096, provided that: “The amendments made by this section [amending this section] apply with respect to employees called to active duty on or after , and an agency may make retroactive payments to such employees for premiums paid on or after such date.”

Effective Date of 1997 Amendment

Pub. L. 105–33, title VII, § 7002(b), , 111 Stat. 662, provided that: “This section [amending this section] shall take effect on the first day of the contract year that begins in 1999. Nothing in this subsection shall prevent the Office of Personnel Management from taking any action, before such first day, which it considers necessary in order to ensure the timely implementation of this section.”

Effective Date of 1990 Amendments

Pub. L. 101–508, title VII, § 7102(c), , 104 Stat. 1388–333, provided that: “The amendments made by this section [amending this section] shall take effect on , and shall apply with respect to amounts payable for periods beginning on or after that date.”

Pub. L. 101–303, § 1(c), , 104 Stat. 250, provided that: “The amendments made by this section [amending this section] shall take effect on the date of enactment of this Act []. Any annuitant whose enrollment was terminated at any time before such date on account of such annuitant’s annuity being insufficient to cover the amount of the required withholdings may, under regulations prescribed by the Office of Personnel Management, be prospectively reinstated in any available health benefits plan upon application of the annuitant.”

Effective Date of 1989 Amendment

Pub. L. 101–239, title IV, § 4003(b), , 103 Stat. 2135, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on , and shall apply with respect to amounts payable for periods beginning on or after that date.”

Effective Date of 1979 Amendment

Amendment by Pub. L. 96–54 effective , see section 2(b) of Pub. L. 96–54, set out as a note under section 305 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.

Effective Date of 1976 Amendment

Amendment by Pub. L. 94–310 effective , see section 4 of Pub. L. 94–310, set out as a note under section 4503 of Title 2, The Congress.

Effective Date of 1974 Amendment

Pub. L. 93–246, § 4(a), , 88 Stat. 4, provided that: “The first section of this Act [amending this section] shall take effect on the first day of the first applicable pay period which begins on or after .”

Pub. L. 93–246, § 4(d), , 88 Stat. 4, provided that: “The determination of the average of subscription charges and the adjustment of the Government contributions for 1973, under section 8906 of title 5, United States Code, as amended by the first section of this Act [amending this section], shall take effect on the first day of the first applicable pay period which begins on or after the thirtieth day following the date of enactment of this Act [].”

Effective Date of 1970 Amendment

Pub. L. 91–418, § 1(b), , 84 Stat. 869, provided that: “The amendment made by subsection (a) of this section [amending this section] shall become effective at the beginning of the first applicable pay period which commences after .”

Payments by Postal Service Relating to Corrected Calculations for Past Health Benefits

Pub. L. 103–66, title XI, § 11101(b), , 107 Stat. 413, provided that:

“In addition to any other payments required under section 8906(g)(2) of title 5, United States Code, or any other provision of law, the United States Postal Service shall pay into the Employees Health Benefits Fund a total of $348,000,000, of which—

“(1)

at least one-third shall be paid not later than ;

“(2)

at least two-thirds shall be paid not later than ; and

“(3)

any remaining balance shall be paid not later than .”

Computation of Government Contributions to Federal Employees Health Benefits Program for 1990 Through 1993

Pub. L. 101–76, , 103 Stat. 556, as amended by Pub. L. 101–508, title VII, § 7002(e), , 104 Stat. 1388–330; Pub. L. 103–66, title XI, § 11005, , 107 Stat. 412, provided:

“That

(a)
(1)

in the administration of chapter 89 of title 5, United States Code, for each of contract years 1990 through 1998 (inclusive), in order to compute the average subscription charges under section 8906(a) of such title for such contract years, the subscription charges in effect for the indemnity benefit plan on the beginning date of each such contract year—

“(A)

shall be deemed to be the subscription charges which were in effect for such plan on the beginning date of the preceding contract year as adjusted under paragraph (2); or

“(B)

if subparagraph (A) does not apply, shall be deemed to be—

“(i)

the subscription charges which were deemed under this Act to have been in effect for such plan with respect to the preceding contract year as adjusted under paragraph (2), except as provided in clause (ii); or

“(ii)

for each of contract years 1997 and 1998, the subscription charges which would be derived by applying the terms of clause (i), reduced by 1 percent.

“(2)

The subscription charges under paragraph (1) shall be increased or decreased (as appropriate) by the average percentage by which the respective subscription charges taken into account under paragraphs (1), (3), and (4) of such section 8906(a) for that contract year increased or decreased from the subscription charges taken into account under such paragraphs (1), (3), and (4) for the preceding contract year.

“(b)

Separate percentages shall be computed under subsection (a)(2) with respect to enrollments for self alone and enrollments for self and family, respectively.

“(c)

The provisions of this Act shall not apply to a contract year (or any period thereafter), if comprehensive reform legislation is enacted to amend section 8906 of title 5, United States Code, and such amendment is required to be implemented by the commencement of negotiations pertaining to rates and benefits for such contract year.

“(d)

Any reference in this Act to a ‘contract year’ shall be considered to be a reference to a contract year under chapter 89 of title 5, United States Code.

“(e)

No later than 180 days after the date of the enactment of this Act [], the Director of the Office of Personnel Management shall transmit recommendations to the Congress for comprehensive reform of the Federal Employee Health Benefits Program.”

Contributions by United States Postal Service to Employees Health Benefits Fund

Pub. L. 100–203, title VI, § 6003, , 101 Stat. 1330–277, directed Postal Service to pay $160,000,000 in fiscal year 1988 and $270,000,000 in fiscal year 1989 into Employee Health Benefits Fund in addition to any amount deposited into Fund pursuant to this section in each such fiscal year.

Employees Serving on Part-Time Career Employment Basis on October 10, 1978

Pub. L. 95–437, § 4(c)(2)(B), , 92 Stat. 1059, provided that: “The amendments made by subparagraph (A) [amending subsec. (b)(1) and (3) of this section] shall not apply with respect to any employee serving in a position on a part-time career employment basis on the date of the enactment of this Act [] for such period as the employee continues to serve without a break in service in that or any other position on such part-time basis.”

Calculation and Payment by Government of Contributions to Contingency Reserves of All Health Benefit Plans

Pub. L. 97–346, § 4, , 96 Stat. 1650, directed Office of Personnel Management to determine amount by which Government contribution under 5 U.S.C. 8906(b) for the 1983 contract year was less than the Government contribution which would have been determined under such section for such contract year if Government contribution had been calculated by using the two employee organization plans which in 1981 satisfied the standard set forth in 5 U.S.C. 8906(a)(3) directed Government to pay amount of difference thus determined to contingency reserves of all health benefits plans for contract year 1983 in proportion to estimated number of individuals enrolled in such plans during 1983, and directed such payments be paid by appropriate agencies (including Postal Service and Postal Rate Commission) from appropriations referred to in 5 U.S.C. 8906(f) and (g) in same manner as if such payments were Government contributions, and in amounts determined appropriate by Office of Personnel Management.

Election of Health Benefits During Period of Service as Officer or Employee of an Employee Organization; Contributions Into Employees Health Benefits Fund; Non-Election; Regulations

Election of health benefits within sixty days after , by certain employees on leave without pay for service as officer or employee of an employee organization, contributions into Fund, effect of non-election of benefits, and regulations, see note set out under section 8706 of this title.

Credits

1966–2013 · 21 acts
  1. 1966Pub. L. 89–554, , 80 Stat. 604
  2. 1967Pub. L. 90–83, § 1(96), , 81 Stat. 219
  3. 1970Pub. L. 91–418, § 1(a), , 84 Stat. 869
  4. 1974Pub. L. 93–246, § 1, , 88 Stat. 3
  5. 1976Pub. L. 94–310, § 3(a), , 90 Stat. 687
  6. 1978Pub. L. 95–437, § 4(c)(2)(A), , 92 Stat. 1059
  7. 1978Pub. L. 95–454, title IX, § 906(a)(15), (c)(2)(F), , 92 Stat. 1226, 1227
  8. 1979Pub. L. 96–54, § 2(a)(53), , 93 Stat. 384
  9. 1986Pub. L. 99–272, title XV, § 15202(b), , 100 Stat. 334
  10. 1989Pub. L. 101–239, title IV, § 4003(a), , 103 Stat. 2135
  11. 1990Pub. L. 101–303, § 1(a), (b), , 104 Stat. 250
  12. 1990Pub. L. 101–508, title VII, § 7102(a), (b), , 104 Stat. 1388–333
  13. 1992Pub. L. 102–378, § 2(78), , 106 Stat. 1355
  14. 1996Pub. L. 104–186, title II, § 215(19), , 110 Stat. 1747
  15. 1996Pub. L. 104–208, div. A, title I, § 101(f) [title IV, § 422], , 110 Stat. 3009–314, 3009–343
  16. 1997Pub. L. 105–33, title VII, § 7002(a), , 111 Stat. 662
  17. 1998Pub. L. 105–261, div. A, title VII, § 721(b)(2), (3), , 112 Stat. 2065
  18. 2001Pub. L. 107–107, div. A, title V, § 519(a), (b), , 115 Stat. 1096
  19. 2004Pub. L. 108–375, div. A, title XI, § 1101(b), , 118 Stat. 2072
  20. 2006Pub. L. 109–435, title VIII, § 803(a)(1)(A), , 120 Stat. 3251
  21. 2013Pub. L. 113–67, div. A, title VII, § 706(c), , 127 Stat. 1194.
Show as published

(Pub. L. 89–554, , 80 Stat. 604; Pub. L. 90–83, § 1(96), , 81 Stat. 219; Pub. L. 91–418, § 1(a), , 84 Stat. 869; Pub. L. 93–246, § 1, , 88 Stat. 3; Pub. L. 94–310, § 3(a), , 90 Stat. 687; Pub. L. 95–437, § 4(c)(2)(A), , 92 Stat. 1059; Pub. L. 95–454, title IX, § 906(a)(15), (c)(2)(F), , 92 Stat. 1226, 1227; Pub. L. 96–54, § 2(a)(53), , 93 Stat. 384; Pub. L. 99–272, title XV, § 15202(b), , 100 Stat. 334; Pub. L. 101–239, title IV, § 4003(a), , 103 Stat. 2135; Pub. L. 101–303, § 1(a), (b), , 104 Stat. 250; Pub. L. 101–508, title VII, § 7102(a), (b), , 104 Stat. 1388–333; Pub. L. 102–378, § 2(78), , 106 Stat. 1355; Pub. L. 104–186, title II, § 215(19), , 110 Stat. 1747; Pub. L. 104–208, div. A, title I, § 101(f) [title IV, § 422], , 110 Stat. 3009–314, 3009–343; Pub. L. 105–33, title VII, § 7002(a), , 111 Stat. 662; Pub. L. 105–261, div. A, title VII, § 721(b)(2), (3), , 112 Stat. 2065; Pub. L. 107–107, div. A, title V, § 519(a), (b), , 115 Stat. 1096; Pub. L. 108–375, div. A, title XI, § 1101(b), , 118 Stat. 2072; Pub. L. 109–435, title VIII, § 803(a)(1)(A), , 120 Stat. 3251; Pub. L. 113–67, div. A, title VII, § 706(c), , 127 Stat. 1194.)

Parsed from the official OLRC USLM XML in data/usc_all/usc05.xml · release point 119-108 · OLRC build 2026-09-09

USLM identifier /us/usc/t5/s8906