§ 8913. Regulations

Statutory text

The Office of Personnel Management may prescribe regulations necessary to carry out this chapter.

The regulations of the Office may prescribe the time at which and the manner and conditions under which an employee is eligible to enroll in an approved health benefits plan described by section 8903 or 8903a of this title. The regulations may exclude an employee on the basis of the nature and type of his employment or conditions pertaining to it, such as short-term appointment, seasonal or intermittent employment, and employment of like nature. The Office may not exclude—

an employee or group of employees solely on the basis of the hazardous nature of employment;

a teacher in the employ of the Board of Education of the District of Columbia, whose pay is fixed by section 1501 of title 31, District of Columbia Code, on the basis of the fact that the teacher is serving under a temporary appointment if the teacher has been so employed by the Board for a period or periods totaling not less than two school years;

an employee who is occupying a position on a part-time career employment basis (as defined in section 3401(2) of this title); or

an employee who is employed on a temporary basis and is eligible under section 8906a(a).

The regulations of the Office shall provide for the beginning and ending dates of coverage of employees, annuitants, members of their families, and former spouses under health benefits plans. The regulations may permit the coverage to continue, exclusive of the temporary extension of coverage described by section 8902(g) of this title, until the end of the pay period in which an employee is separated from the service, or until the end of the month in which an annuitant or former spouse ceases to be entitled to annuity, and in case of the death of an employee or annuitant, may permit a temporary extension of the coverage of members of his family for not to exceed 90 days.

The Secretary of Agriculture shall prescribe regulations to effect the application and operation of this chapter to an individual named by section 8901(1)(H) of this title.

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. § 8913
Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 607
Source evidence
Code source credit
Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 607
1978
Pub. L. 95–437 § 4(c)(1) · 92 Stat. 1055
Added · 5 U.S.C. § 8913(b)(3)
Pub. L. 95–437 added par. (3)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 95–437 added par. (3).
Enacted provision · exact public law section
(1) Section 8913(b) of such title 5 is amended— (A) by striking out “or” at the end of clause (1); (B) by striking out the period at the end of clause (2) and inserting in lieu thereof “; or”; and (C) by adding at the end thereof the following:
1978
Pub. L. 95–454 § 906(a)(2) · 92 Stat. 1111
1. Substituted · 5 U.S.C. § 8913(a); 5 U.S.C. § 8913(b)
  Pub. L. 95–454, § 906(a)(2), (3), substituted “Office of Personnel Management” for “Civil Service Commission” wherever appearing
2. Substituted · 5 U.S.C. § 8913(a); 5 U.S.C. § 8913(b)
  Pub. L. 95–454, § 906(a)(2), (3), substituted “Office” for “Commission” wherever appearing
Source evidence
Code amendment note
Subsecs. (a), (b). Pub. L. 95–454, § 906(a)(2), (3), substituted “Office of Personnel Management” for “Civil Service Commission” and “Office” for “Commission” 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”;
1978
Pub. L. 95–454 § 906(c)(2)(F) · 92 Stat. 1111
Substituted · 5 U.S.C. § 8913(b)(3)
Pub. L. 95–454, § 906(c)(2)(F), (H), substituted “3401” for “3391”
Source evidence
Code amendment note
Subsec. (b)(3). Pub. L. 95–454, § 906(c)(2)(F), (H), substituted “3401” for “3391”.
Enacted provision · exact public law section
(F) Sections 8347(g), 8716(b) (3), 8913(b) (3), and 8906(b) (3) of such title 5 are each amended by striking out “section 3391 (2)” and inserting in lieu thereof “section 3401 (2)”.
1978
Pub. L. 95–454 § 906(a)(3) · 92 Stat. 1111
Substituted · 5 U.S.C. § 8913(c)
Pub. L. 95–454, § 906(a)(3), substituted “Office” for “Commission”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 95–454, § 906(a)(3), substituted “Office” for “Commission”.
Enacted provision · exact public law section
(3) in sections 1302, 1304, 1308, 2951, 3304a, 3308, 3312, 3317b, 3318, 3324, 3351, 3363, 3504, 4106, 4113–4115, 4117, 4118, 5105, 5107, 5110–5112, 5114, 5333, 5343, 5346, 5545, 5548, 5723, 6304, 6405, 7312, 8331, 8332, 8337, 8339-8343, 8345, 8346, 8347(a)–(c) and (e)–(h) , 8348, 8702, 8704–8707, 8709–8712, 8714a, 8716,8901–8903, 8905, 8907, 8909, 8910, and 8913 (as such sections are amended in paragraph (2) of this subsection), by striking out “Commission” each place it appears and inserting in lieu thereof “Office”;
1984
Civil Service Retirement Spouse Equity Act of 1984
Pub. L. 98–615 § 3(7) · 98 Stat. 3195
1. Substituted · 5 U.S.C. § 8913(c)
  Pub. L. 98–615, § 3(7), substituted “employees, annuitants, members of their families, and former spouses” for “employees and annuitants and members of their families”
2. Substituted · 5 U.S.C. § 8913(c)
  Pub. L. 98–615, § 3(7), substituted “in which an annuitant or former spouse” for “in which an annuitant”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 98–615, § 3(7), substituted “employees, annuitants, members of their families, and former spouses” for “employees and annuitants and members of their families”, and “in which an annuitant or former spouse” for “in which an annuitant”.
Enacted provision · exact public law section
(7) in section 8913(c)— (A) in the first sentence by striking out “employees and annuitants and members of their families” and inserting in lieu thereof “employees, annuitants, members of their families, and former spouses”; and (B) in the second sentence by inserting “or former spouse” after “in which an annuitant”; and
1985
Pub. L. 99–53 § 2(a) · 99 Stat. 93
Inserted · 5 U.S.C. § 8913(b)
Pub. L. 99–53 inserted reference to section 8903a of this title
Source evidence
Code amendment note
Subsec. (b). Pub. L. 99–53 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”.
1988
Federal Employees Health Benefits Amendments Act of 1988
Pub. L. 100–654 title III § 301(c) · 102 Stat. 3837
Added · 5 U.S.C. § 8913(b)(4)
Pub. L. 100–654 added par. (4)
Source evidence
Code amendment note
Subsec. (b)(4). Pub. L. 100–654 added par. (4).
Enacted provision · exact public law section
(c) Regulations.— Section 8913(b) of title 5, United States Code, is amended— (1) in paragraph (2) by striking out “or” at the end thereof; (2) in paragraph (3) by striking out the period and inserting in lieu thereof a semicolon and “or”; and (3) by adding at the end thereof the following new paragraph: “(4) an employee who is employed on a temporary basis and is eligible under section 8906a(a).”.
Effective date note
Amendment by Pub. L. 100–654 effective 120 days after Nov. 14, 1988, see section 301(d) of Pub. L. 100–654, set out as an Effective Date note under section 8906a of this title.

9 of 10 references resolved to an enrolled provision · 1 partial

Notes

historicalAndRevision

Historical and Revision Notes
Derivation	U.S. Code	Revised Statutes andStatutes at Large
(a)	5 U.S.C. 3009(a).	Sept. 28, 1959, Pub. L. 86–382, § 10(a), 73 Stat. 715.
(b)	5 U.S.C. 3002(a) (words between 1st and 4th commas of 1st sentence, and 2d sentence), (f) (words between 1st and 2d commas of 1st sentence).	Sept. 28, 1959, Pub. L. 86–382, § 3(a) (words between 1st and 4th commas of 1st sentence, and 2d sentence), 73 Stat. 710.July 1, 1960, Pub. L. 86–568, § 115(d) “(f) (words between 1st and 2d commas of 1st sentence)”, 74 Stat. 303.
		Oct. 6, 1964, Pub. L. 88–631, § 1, 78 Stat. 1007.
(c)	5 U.S.C. 3009(b).	Sept. 28, 1959, Pub. L. 86–382, § 10(b), 73 Stat. 715.
(d)	5 U.S.C. 3002(f) (2d sentence).	July 1, 1960, Pub. L. 86–568, § 115(d) “(f) (2d sentence)”, 74 Stat. 303.

In subsection (b)(2), the words “section 1501 of title 31, District of Columbia Code” are substituted for “section 1 of the District of Columbia Teachers’ Salary Act of 1955 (69 Stat. 521), as amended (sec. 31–1501, D.C. Code, 1961 edition)”.

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

Amendments1978–1988 · 4 rounds

1988

Subsec. (b)(4). Pub. L. 100–654 added par. (4).

1985

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

1984

Subsec. (c). Pub. L. 98–615, § 3(7), substituted “employees, annuitants, members of their families, and former spouses” for “employees and annuitants and members of their families”, and “in which an annuitant or former spouse” for “in which an annuitant”.

1978

Subsecs. (a), (b). Pub. L. 95–454, § 906(a)(2), (3), substituted “Office of Personnel Management” for “Civil Service Commission” and “Office” for “Commission” wherever appearing.

Subsec. (b)(3). Pub. L. 95–454, § 906(c)(2)(F), (H), substituted “3401” for “3391”.

Pub. L. 95–437 added par. (3).

Subsec. (c). Pub. L. 95–454, § 906(a)(3), substituted “Office” for “Commission”.

Statutory Notes and Related Subsidiaries

Effective Date of 1988 Amendment

Amendment by Pub. L. 100–654 effective 120 days after Nov. 14, 1988, see section 301(d) of Pub. L. 100–654, set out as an Effective Date note under section 8906a of this title.

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–615 effective May 7, 1985, 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 Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.

Credits

1966–1988 · 6 acts

1966Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 607
1978Pub. L. 95–437, § 4(c)(1), Oct. 10, 1978, 92 Stat. 1058
1978Pub. L. 95–454, title IX, § 906(a)(2), (3), (c)(2)(F), (H), Oct. 13, 1978, 92 Stat. 1224, 1227
1984Pub. L. 98–615, § 3(7), Nov. 8, 1984, 98 Stat. 3204
1985Pub. L. 99–53, § 2(a), June 17, 1985, 99 Stat. 94
1988Pub. L. 100–654, title III, § 301(c), Nov. 14, 1988, 102 Stat. 3846.

Show as published

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 607; Pub. L. 95–437, § 4(c)(1), Oct. 10, 1978, 92 Stat. 1058; Pub. L. 95–454, title IX, § 906(a)(2), (3), (c)(2)(F), (H), Oct. 13, 1978, 92 Stat. 1224, 1227; Pub. L. 98–615, § 3(7), Nov. 8, 1984, 98 Stat. 3204; Pub. L. 99–53, § 2(a), June 17, 1985, 99 Stat. 94; Pub. L. 100–654, title III, § 301(c), Nov. 14, 1988, 102 Stat. 3846.)