§ 8908. Coverage of restored employees and survivor or disability annuitants

Statutory text

An employee enrolled in a health benefits plan under this chapter who is removed or suspended without pay and later reinstated or restored to duty on the ground that the removal or suspension was unjustified or unwarranted may, at his option, enroll as a new employee or have his coverage restored, with appropriate adjustments made in contributions and claims, to the same extent and effect as though the removal or suspension had not taken place.

A surviving spouse whose survivor annuity under this title was terminated because of remarriage and is later restored may, under such regulations as the Office of Personnel Management may prescribe, enroll in a health benefits plan described by section 8903 or 8903a of this title if such spouse was covered by any such plan immediately before such annuity was terminated.

A disability annuitant whose disability annuity under section 8337 of this title was terminated and is later restored under the second or third sentence of subsection (e) of such section may, under regulations prescribed by the Office, enroll in a health benefits plan described by section 8903 or 8903a of this title if such annuitant was covered by any such plan immediately before such annuity was terminated.

A surviving child whose survivor annuity under section 8341(e) or 8443(b) was terminated and is later restored under paragraph (4) of section 8341(e) or the last sentence of section 8443(b) may, under regulations prescribed by the Office, enroll in a health benefits plan described by section 8903 or 8903a if such surviving child was covered by any such plan immediately before such annuity was terminated.

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.

1966
Pub. L. 89–554 · 80 Stat. 378
Enacted · 5 U.S.C. § 8908
Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 605
Source evidence
Code source credit
Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 605
1976
Pub. L. 94–342 § 1(a) · 90 Stat. 808
1. Amended · 5 U.S.C. § 8908
  Pub. L. 94–342 designated existing provisions as subsec. (a)
2. Added · 5 U.S.C. § 8908
  Pub. L. 94–342 added subsec. (b)
3. Substituted · 5 U.S.C. § 8908
  Pub. L. 94–342 substituted “employees and survivor annuitants” for “employee” in section catchline
Source evidence
Code amendment note
Pub. L. 94–342 designated existing provisions as subsec. (a), added subsec. (b), and substituted “employees and survivor annuitants” for “employee” in section catchline.
Enacted provision · exact public law section
(1) by inserting “(a)” immediately before “An employee”;
1978
Pub. L. 95–454 title IX § 906(a)(2) · 92 Stat. 1111
Substituted · 5 U.S.C. § 8908(b)
Pub. L. 95–454 substituted “Office of Personnel Management” for “Civil Service Commission”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 95–454 substituted “Office of Personnel Management” for “Civil Service Commission”.
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”;
1985
Pub. L. 99–53 § 3(a)(2)(A) · 99 Stat. 93
Inserted · 5 U.S.C. § 8908
Pub. L. 99–53, § 3(a)(2)(A), inserted “or disability” after “and survivor” in section catchline
Source evidence
Code amendment note
Pub. L. 99–53, § 3(a)(2)(A), inserted “or disability” after “and survivor” in section catchline.
Enacted provision · exact public law section
(A) The section heading for section 8908 of title 5, United States Code, is amended to read as follows: “§ 8908. Coverage of restored employees and survivor or disability annuitants”.
1985
Pub. L. 99–53 § 2(a) · 99 Stat. 93
Inserted · 5 U.S.C. § 8908(b)
Pub. L. 99–53, § 2(a), inserted reference to section 8903a of this title
Source evidence
Code amendment note
Subsec. (b). 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”.
1985
Pub. L. 99–53 § 3(a)(1) · 99 Stat. 93
Added · 5 U.S.C. § 8908(c)
Pub. L. 99–53, § 3(a)(1), added subsec. (c)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 99–53, § 3(a)(1), added subsec. (c).
Enacted provision · exact public law section
(1) Section 8908 of title 5, United States Code, is amended by adding at the end thereof the following: “(c) A disability annuitant whose disability annuity under section 8337 of this title was terminated and is later restored under the second or third sentence of subsection (e) of such section may, under regulations prescribed by the Office, enroll in a health benefits plan Ante, p. 93. described by section 8903 or 8903a of this title if such annuitant was covered by any such plan immediately before such annuity was terminated.”.
1996
Amber Hagerman Child Protection Act of 1996
Pub. L. 104–208 div. A title I § 101(f)(tVI)(s633)(a)(3) · 110 Stat. 3009
Added · 5 U.S.C. § 8908(d)
Pub. L. 104–208 added subsec. (d)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 104–208 added subsec. (d).
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:
Effective date note
Amendment by Pub. L. 104–208 applicable with respect to termination of marriage taking effect before, on, or after Sept. 30, 1996, except that benefits are payable only with respect to amounts accruing for periods beginning on first day of month beginning after the later of termination of marriage or Sept. 30, 1996, see section 101(f) [title VI, § 633(b)] of Pub. L. 104–208, set out as a note under section 8341 of this title.

8 of 9 references resolved to an enrolled provision · 1 partial

Notes

historicalAndRevision

Historical and Revision Notes
Derivation	U.S. Code	Revised Statutes andStatutes at Large
	5 U.S.C. 3009(c).	Sept. 28, 1959, Pub. L. 86–382, § 10(c), 73 Stat. 715.
		Mar. 17, 1964, Pub. L. 88–284, § 1 (less (1)–(13)), 78 Stat. 165.

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

Amendments1976–1996 · 4 rounds

1996

Subsec. (d). Pub. L. 104–208 added subsec. (d).

1985

Pub. L. 99–53, § 3(a)(2)(A), inserted “or disability” after “and survivor” in section catchline.

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

Subsec. (c). Pub. L. 99–53, § 3(a)(1), added subsec. (c).

1978

Subsec. (b). Pub. L. 95–454 substituted “Office of Personnel Management” for “Civil Service Commission”.

1976

Pub. L. 94–342 designated existing provisions as subsec. (a), added subsec. (b), and substituted “employees and survivor annuitants” for “employee” in section catchline.

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–208 applicable with respect to termination of marriage taking effect before, on, or after Sept. 30, 1996, except that benefits are payable only with respect to amounts accruing for periods beginning on first day of month beginning after the later of termination of marriage or Sept. 30, 1996, see section 101(f) [title VI, § 633(b)] of Pub. L. 104–208, 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 Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.

Effective Date of 1976 Amendment

Pub. L. 94–342, § 2, July 6, 1976, 90 Stat. 808, provided that: “The amendments made by the first section of this Act [amending this section] shall take effect on October 1, 1976, or on the date of the enactment of this Act [July 6, 1976], whichever date is later. Such amendments shall apply with respect to individuals whose survivor annuities are restored before, on, or after such date.”

Insurance Coverage for Restored Disability Annuitants

For provisions directing that subsec. (c) of this section shall apply with respect to any individual whose disability annuity is or was restored under section 8337(e) of this title after December 31, 1983, directing that the Office of Personnel Management notify each individual of any rights which such individual may have under subsec. (c) of this section, including any procedures or deadlines which might apply with respect to the exercise of those rights, directing that such notification be provided to any individual who, as of the 90th day after June 17, 1985, is receiving a disability annuity which was restored to such individual under section 8337(e) of this title after December 31, 1983, directing that nothing in subsec. (c) of this section be construed to authorize coverage under this chapter in the case of any individual who becomes enrolled in a health benefits plan under subsec. (c) of this section for any period before the date as of which such individual becomes so enrolled, and directing that such rule of construction apply with respect to any individual receiving a disability annuity which is or was restored under section 8337(e) of this title after December 31, 1983, and before the expiration of the 90-day period beginning on June 17, 1985, see section 3(c) of Pub. L. 99–53, set out as a note under section 8706 of this title.

Credits

1966–1996 · 5 acts

1966Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 605
1976Pub. L. 94–342, § 1(a), July 6, 1976, 90 Stat. 808
1978Pub. L. 95–454, title IX, § 906(a)(2), Oct. 13, 1978, 92 Stat. 1224
1985Pub. L. 99–53, §§ 2(a), 3(a)(1), (2)(A), June 17, 1985, 99 Stat. 94, 95
1996Pub. L. 104–208, div. A, title I, § 101(f) [title VI, § 633(a)(3)], Sept. 30, 1996, 110 Stat. 3009–314, 3009–363.

Show as published

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 605; Pub. L. 94–342, § 1(a), July 6, 1976, 90 Stat. 808; Pub. L. 95–454, title IX, § 906(a)(2), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 99–53, §§ 2(a), 3(a)(1), (2)(A), June 17, 1985, 99 Stat. 94, 95; Pub. L. 104–208, div. A, title I, § 101(f) [title VI, § 633(a)(3)], Sept. 30, 1996, 110 Stat. 3009–314, 3009–363.)