Notes on 5 U.S.C. § 8901 : US Code - Notes
Search Notes on 5 U.S.C. § 8901 : US Code - Notes
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 600; Pub. L. 90-83, Sec.
1(95), Sept. 11, 1967, 81 Stat. 219; Pub. L. 91-418, Secs. 2, 3(b),
Sept. 25, 1970, 84 Stat. 869; Pub. L. 93-160, Sec. 1(b), Nov. 27,
1973, 87 Stat. 635; Pub. L. 95-368, Sec. 2, Sept. 17, 1978, 92
Stat. 606; Pub. L. 95-454, title IX, Sec. 906(a)(2), (3), Oct. 13,
1978, 92 Stat. 1224; Pub. L. 95-583, Sec. 2, Nov. 2, 1978, 92 Stat.
2482; Pub. L. 96-54, Sec. 2(a)(52), Aug. 14, 1979, 93 Stat. 384;
Pub. L. 96-70, title I, Sec. 1209(c), Sept. 27, 1979, 93 Stat. 463;
Pub. L. 96-179, Sec. 2, Jan. 2, 1980, 93 Stat. 1299; Pub. L. 98-
615, Sec. 3(1), Nov. 8, 1984, 98 Stat. 3202; Pub. L. 99-53, Sec.
1(a), June 17, 1985, 99 Stat. 93; Pub. L. 99-251, title I, Sec.
105(a), Feb. 27, 1986, 100 Stat. 15; Pub. L. 99-335, title II, Sec.
207(l), June 6, 1986, 100 Stat. 598; Pub. L. 99-556, title V, Sec.
503, Oct. 27, 1986, 100 Stat. 3141; Pub. L. 100-679, Sec. 13(c),
Nov. 17, 1988, 102 Stat. 4071; Pub. L. 101-508, title VII, Sec.
7202(l), Nov. 5, 1990, 104 Stat. 1388-339; Pub. L. 102-378, Sec.
2(75), Oct. 2, 1992, 106 Stat. 1355; Pub. L. 105-266, Sec. 3(a),
Oct. 19, 1998, 112 Stat. 2366.)
HISTORICAL AND REVISION NOTES
1966 ACT
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Derivation U.S. Code Revised Statutes and
Statutes at Large
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5 U.S.C. 3001. Sept. 28, 1959, Pub. L.
86-382, Sec. 2, 73 Stat.
709.
July 8, 1963, Pub. L.
88-59, Sec. 1, 77 Stat. 76.
Mar. 17, 1964, Pub. L.
88-284, Sec. 1(1)-(4), 78
Stat. 164.
Aug. 31, 1964, Pub. L.
88-531, Sec. 1, 78 Stat.
737.
5 U.S.C. 3002(f) July 1, 1960, Pub. L.
(1st sentence, less 86-568, Sec. 115(d) "(f)
words between 1st (1st sentence, less words
and 2d commas). between 1st and 2d
commas)", 74 Stat. 303.
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The definition of "employee" in section 2105 of this title is
broad enough to cover the officers and employees covered by former
section 3001 with the exception of a Member of Congress, the
President, an individual employed by the government of the District
of Columbia, an individual employed by Gallaudet College, a United
States commissioner, and an Official Reporter of Debates of the
Senate and an individual employed by him. The first five have been
added in paragraphs (1)(B), (D), (E), (F), and (G). The latter are
covered by the definition of "Congressional employee" in section
2107 of this title and are included by the addition of a
Congressional employee in paragraph (1)(C).
In paragraph (1)(ii), the words "the United States" are
substituted for "a State of the United States or the District of
Columbia".
Paragraph (1)(iv) is added for clarity.
In paragraph (8), the words "before January 1, 1964" are
substituted for "on or before December 31, 1963".
The definition of "Commission" in former section 3001(h) is
omitted as unnecessary as the full title "Civil Service Commission"
is set forth the first time it is used in a section.
Standard changes are made to conform with the definitions
applicable and the style of this title as outlined in the preface
to the report.
1967 ACT
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Section of Source (U.S. Code) Source (Statutes at Large)
title 5
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8901(5) 5 App.: 3001(d). July 18, 1966, Pub. L.
89-504, Sec. 601, 80 Stat.
303.
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REFERENCES IN TEXT
Section 1(b) of the Act of August 25, 1958 (72 Stat. 838),
referred to in par. (1)(H), is section 1(b) of Pub. L. 85-745 which
is set out as a note under section 102 of Title 3, The President.
Section 4 of the Presidential Transition Act of 1963, referred to
in par. (1)(I), is section 4 of Pub. L. 88-277, which is set out as
a note under section 102 of Title 3.
The date of enactment of section 8903a of this title, referred to
in par. (8)(B), means the date of enactment of Pub. L. 99-53, which
enacted section 8903a and which was approved June 17, 1985.
AMENDMENTS
1998 - Par. (7). Pub. L. 105-266 substituted "organization and an
association of organizations or other entities described in this
paragraph sponsoring a health benefits plan;" for "organization;".
1992 - Par. (3)(A)(iv). Pub. L. 102-378, Sec. 2(75)(A),
substituted "8347(q)(2)" for "8347(p)(2)".
Par. (10)(C)(ii). Pub. L. 102-378, Sec. 2(75)(B), inserted comma
after "8341(h)".
1990 - Par. (3)(A)(iv). Pub. L. 101-508 added cl. (iv).
1988 - Par. (1)(H), (I). Pub. L. 100-679 added subpars. (H) and
(I).
1986 - Par. (1)(E). Pub. L. 99-335, Sec. 207(l)(1), amended
subpar. (E) generally, substituting "first employed" for "employed"
and inserting "before October 1, 1987".
Par. (3)(A). Pub. L. 99-335, Sec. 207(l)(2), amended subpar. (A)
generally. Prior to amendment, subpar. (A) read as follows: "an
employee who retires on an immediate annuity under subchapter III
of chapter 83 of this title or another retirement system for
employees of the Government, after 5 or more years of service or
for disability".
Par. (3)(B). Pub. L. 99-556 inserted "(including a family member
entitled to an amount under section 8442(b)(1)(A), whether or not
such family member is entitled to an annuity under section
8442(b)(1)(B))".
Par. (4). Pub. L. 99-335, Sec. 207(l)(3), inserted "or chapter
84".
Par. (10)(C)(i). Pub. L. 99-335, Sec. 207(l)(4), inserted "or
8467", "or 8445", and "or the Federal Employees' Retirement
System".
Par. (10)(C)(ii). Pub. L. 99-335, Sec. 207(l)(5), substituted
"8345(j), 8445, or 8467" for "or 8345(j)" and inserted "or the
Federal Employees' Retirement System" and "or 8417(b)".
Par. (11). Pub. L. 99-251 added par. (11).
1985 - Par. (8). Pub. L. 99-53 amended par. (8) generally,
designating existing provisions as subpar. (A) and adding subpar.
(B).
1984 - Par. (10). Pub. L. 98-615 added par. (10).
1980 - Par. (5). Pub. L. 96-179, Sec. 2(1), inserted "dependent"
after "unmarried" in provisions preceding subpar. (A) and in
provisions following subpar. (B), inserted "or recognized natural
child" after "child" in subpar. (A), and substituted "or foster
child but only if the child;" for ", foster child, or recognized
natural child who" in subpar. (B).
Par. (9). Pub. L. 96-179, Sec. 2(2)-(4), added par. (9).
1979 - Par. (1). Pub. L. 96-70 in cl. (ii) substituted provisions
relating to an individual who was an employee for the purpose of
this chapter on Sept. 30, 1979, by reason of service in an
Executive agency, United States Postal Service, or Smithsonian
Institution in area which was then known as Canal Zone for
provisions relating to Panama Canal Zone.
Pub. L. 96-54 struck out cl. (G) which related to coverage of a
United States Commissioner as an "employee", and redesignated cl.
(H) as (G).
1978 - Par. (1)(iv). Pub. L. 95-454 substituted "Office of
Personnel Management" for "Civil Service Commission".
Par. (3)(A). Pub. L. 95-583 reduced period of service to 5 from
12 years.
Par. (8). Pub. L. 95-454 substituted "Office" for "Commission".
Pub. L. 95-368 substituted "after December 31, 1978, and before
January 1, 1980" for "before January 1, 1964".
1973 - Par. (1)(ii). Pub. L. 93-160 excluded from definition of
"employee" persons who are not nationals of United States and whose
permanent duty station is outside United States and Panama Canal
Zone.
1970 - Par. (1)(ii). Pub. L. 91-418, Sec. 3(b), excluded from
definition of "employee" a noncitizen employee whose permanent duty
station is outside Panama Canal Zone.
Par. (3)(B). Pub. L. 91-418, Sec. 2(a), redefined "annuitant" to
be a member of a family who receives an immediate annuity as the
survivor of an employee rather than as the survivor of an employee
who dies after completing 5 or more years of service.
Par. (3)(D)(i). Pub. L. 91-418, Sec. 2(b), redefined "annuitant"
to be a member of a family who receives monthly compensation as the
surviving beneficiary of an employee who dies as a result of a
compensable injury or illness rather than as the survivor of an
employee who, having completed 5 or more years of service, so dies.
CHANGE OF NAME
Gallaudet College, referred to in par. (1)(F), was redesignated
Gallaudet University by section 101(a) of Pub. L. 99-371, which is
classified to section 4301(a) of Title 20, Education.
EFFECTIVE DATE OF 1992 AMENDMENT
Amendment by section 2(75)(A) of Pub. L. 102-378 effective Nov.
5, 1990, and amendment by section 2(75)(B) of Pub. L. 102-378
effective Oct. 2, 1992, see section 9(a), (b)(6) of Pub. L. 102-
378, set out as a note under section 6303 of this title.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101-508 applicable with respect to any
individual who, on or after Jan. 1, 1987, moves from employment in
nonappropriated fund instrumentality of Department of Defense or
Coast Guard, that is described in section 2105(c) of this title, to
employment in Department or Coast Guard, that is not described in
section 2105(c), or who moves from employment in Department or
Coast Guard, that is not described in section 2105(c), to
employment in nonappropriated fund instrumentality of Department or
Coast Guard, that is described in section 2105(c), see section
7202(m)(1) of Pub. L. 101-508, set out as a note under section 2105
of this title.
EFFECTIVE DATE OF 1986 AMENDMENTS
Amendment by Pub. L. 99-335 effective Jan. 1, 1987, see section
702(a) of Pub. L. 99-335, set out as an Effective Date note under
section 8401 of this title.
Section 105(c) of Pub. L. 99-251 provided that: "The amendments
made by subsections (a) and (b) [amending this section and section
8902 of this title] shall be effective with respect to contracts
entered into or renewed for calendar years beginning after December
31, 1986."
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 1980 AMENDMENT
Amendment by Pub. L. 96-179 effective Jan. 2, 1980, except that
no benefits under this chapter that are made available by reason of
amendment of this section and section 8341 of this title by Pub. L.
96-179 shall be payable for any period before Oct. 1, 1979, see
section 5(a) of Pub. L. 96-179, set out as a note under section
8341 of this title.
EFFECTIVE DATE OF 1979 AMENDMENTS
Amendment by Pub. L. 96-70 effective Oct. 1, 1979, see section
3304 of Pub. L. 96-70, set out as an Effective Date note under
section 3601 of Title 22, Foreign Relations and Intercourse.
Amendment by Pub. L. 96-54 effective July 12, 1979, see section
2(b) of Pub. L. 96-54, set out as a note under section 305 of this
title.
EFFECTIVE DATE OF 1978 AMENDMENTS
Amendment by Pub. L. 95-583 effective Nov. 2, 1978, see section 3
of Pub. L. 95-583, set out as a note under section 8706 of this
title.
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.
SHORT TITLE OF 2000 AMENDMENT
Pub. L. 106-394, Sec. 1, Oct. 30, 2000, 114 Stat. 1629, provided
that: "This Act [amending sections 8421a and 8905 of this title and
enacting provisions set out as a note under section 8421a of this
title] may be cited as the 'Federal Employees Health Benefits
Children's Equity Act of 2000'."
SHORT TITLE OF 1998 AMENDMENT
Pub. L. 105-266, Sec. 1, Oct. 19, 1998, 112 Stat. 2363, provided
that: "This Act [enacting section 8903b of this title, amending
this section and sections 5948, 8902 to 8903, and 8909 of this
title, and enacting provisions set out as notes under this section
and sections 5948, 8902, 8902a, 8903b, and 8909 of this title] may
be cited as the 'Federal Employees Health Care Protection Act of
1998'."
SHORT TITLE OF 1988 AMENDMENT
Pub. L. 100-654, Sec. 1, Nov. 14, 1988, 102 Stat. 3837, provided
that: "This Act [enacting sections 8440a, 8902a, 8905a, and 8906a
of this title, amending sections 8902, 8903, 8905, 8909, and 8913
of this title, and enacting provisions set out as notes under
sections 8902, 8902a, and 8906a of this title] may be cited as the
'Federal Employees Health Benefits Amendments Act of 1988'."
SHORT TITLE OF 1986 AMENDMENT
Section 1 of Pub. L. 99-251 provided that: "This Act [amending
this section, sections 1103, 3502, 5334, 5924, 6312, 8332, 8339 to
8342, 8345, 8902, 8903, 8905, and 8909 of this title, and section
35 of Title 24, Hospitals and Asylums, enacting provisions set out
as notes under this section and sections 7901, 8339, 8341, 8345,
8902, 8904, 8905, and 8909 of this title, and amending provisions
set out as notes under sections 8341 and 8902 of this title] may be
cited as the 'Federal Employees Benefits Improvement Act of 1986'."
CONTINUATION OF HEALTH BENEFITS COVERAGE FOR INDIVIDUALS ENROLLED
IN A PLAN ADMINISTERED BY THE OVERSEAS PRIVATE INVESTMENT
CORPORATION
Pub. L. 107-304, Sec. 4, Nov. 27, 2002, 116 Stat. 2364, provided
that:
"(a) Enrollment in Chapter 89 Plan. - For purposes of the
administration of chapter 89 of title 5, United States Code, any
period of enrollment under a health benefits plan administered by
the Overseas Private Investment Corporation before the effective
date of this Act [probably means Nov. 27, 2002, the date of
enactment of Pub. L. 107-304] shall be deemed to be a period of
enrollment in a health benefits plan under chapter 89 of such
title.
"(b) Continued Coverage. -
"(1) In general. - Any individual who, as of the enrollment
eligibility date, is covered by a health benefits plan
administered by the Overseas Private Investment Corporation may
enroll in an approved health benefits plan described under
section 8903 or 8903a of title 5, United States Code -
"(A) either as an individual or for self and family, if such
individual is an employee, annuitant, or former spouse as
defined under section 8901 of such title; and
"(B) for coverage effective on and after such date.
"(2) Individuals currently under continued coverage. - An
individual who, as of the enrollment eligibility date, is
entitled to continued coverage under a health benefits plan
administered by the Overseas Private Investment Corporation -
"(A) shall be deemed to be entitled to continued coverage
under section 8905a of title 5, United States Code, for the
same period that would have been permitted under the plan
administered by the Overseas Private Investment Corporation;
and
"(B) may enroll in an approved health benefits plan described
under section 8903 or 8903a of such title in accordance with
section 8905a of such title for coverage effective on and after
such date.
"(3) Unmarried dependent children. - An individual who, as of
the enrollment eligibility date, is covered as an unmarried
dependent child under a health benefits plan administered by the
Overseas Private Investment Corporation and who is not a member
of family as defined under section 8901(5) of title 5, United
States Code -
"(A) shall be deemed to be entitled to continued coverage
under section 8905a of such title as though the individual had
ceased to meet the requirements for being considered an
unmarried dependent child under chapter 89 of such title as of
such date; and
"(B) may enroll in an approved health benefits plan described
under section 8903 or 8903a of such title in accordance with
section 8905a for continued coverage effective on and after
such date.
"(c) Transfers to the Employees Health Benefits Fund. -
"(1) In general. - The Overseas Private Investment Corporation
shall transfer to the Employees Health Benefits Fund established
under section 8909 of title 5, United States Code, amounts
determined by the Director of the Office of Personnel Management,
after consultation with the Overseas Private Investment
Corporation, to be necessary to reimburse the Fund for the cost
of providing benefits under this section not otherwise paid for
by the individuals covered by this section.
"(2) Availability of funds. - The amounts transferred under
paragraph (1) shall be held in the Fund and used by the Office in
addition to amounts available under section 8906(g)(1) of title
5, United States Code.
"(d) Administration and Regulations. - The Office of Personnel
Management -
"(1) shall administer this section to provide for -
"(A) a period of notice and open enrollment for individuals
affected by this section; and
"(B) no lapse of health coverage for individuals who enroll
in a health benefits plan under chapter 89 of title 5, United
States Code, in accordance with this section; and
"(2) may prescribe regulations to implement this section.
"(e) Enrollment Eligibility Date. - For purposes of this section,
the term 'enrollment eligibility date' means the last day on which
coverage under a health benefits plan administered by the Overseas
Private Investment Corporation is available. Such date shall be
determined by the Office of Personnel Management in consultation
with the Overseas Private Investment Corporation."
CONTINUED COVERAGE FOR INDIVIDUALS ENROLLED IN PLAN ADMINISTERED BY
FEDERAL DEPOSIT INSURANCE CORPORATION OR FOR EMPLOYEES OF BOARD OF
GOVERNORS OF FEDERAL RESERVE SYSTEM
Pub. L. 105-266, Sec. 4, Oct. 19, 1998, 112 Stat. 2367, provided
that:
"(a) Enrollment in Chapter 89 Plan. - For purposes of chapter 89
of title 5, United States Code, any period of enrollment -
"(1) in a health benefits plan administered by the Federal
Deposit Insurance Corporation before the termination of such plan
on or before January 2, 1999; or
"(2) subject to subsection (c), in a health benefits plan (not
under chapter 89 of such title) with respect to which the
eligibility of any employees or retired employees of the Board of
Governors of the Federal Reserve System terminates on or before
January 2, 1999,
shall be deemed to be a period of enrollment in a health benefits
plan under chapter 89 of such title.
"(b) Continued Coverage. - (1) Subject to subsection (c), any
individual who, on or before January 2, 1999, is enrolled in a
health benefits plan described in subsection (a)(1) or (2) may
enroll in an approved health benefits plan under chapter 89 of
title 5, United States Code, either as an individual or for self
and family, if, after taking into account the provisions of
subsection (a), such individual -
"(A) meets the requirements of such chapter for eligibility to
become so enrolled as an employee, annuitant, or former spouse
(within the meaning of such chapter); or
"(B) would meet those requirements if, to the extent such
requirements involve either retirement system under such title 5,
such individual satisfies similar requirements or provisions of
the Retirement Plan for Employees of the Federal Reserve System.
Any determination under subparagraph (B) shall be made under
guidelines which the Office of Personnel Management shall establish
in consultation with the Board of Governors of the Federal Reserve
System.
"(2) Subject to subsection (c), any individual who, on or before
January 2, 1999, is entitled to continued coverage under a health
benefits plan described in subsection (a)(1) or (2) shall be deemed
to be entitled to continued coverage under section 8905a of title
5, United States Code, but only for the same remaining period as
would have been allowable under the health benefits plan in which
such individual was enrolled on or before January 2, 1999, if -
"(A) such individual had remained enrolled in such plan; and
"(B) such plan did not terminate, or the eligibility of such
individual with respect to such plan did not terminate, as
described in subsection (a).
"(3) Subject to subsection (c), any individual (other than an
individual under paragraph (2)) who, on or before January 2, 1999,
is covered under a health benefits plan described in subsection
(a)(1) or (2) as an unmarried dependent child, but who does not
then qualify for coverage under chapter 89 of title 5, United
States Code, as a family member (within the meaning of such
chapter) shall be deemed to be entitled to continued coverage under
section 8905a of such title, to the same extent and in the same
manner as if such individual had, on or before January 2, 1999,
ceased to meet the requirements for being considered an unmarried
dependent child of an enrollee under such chapter.
"(4) Coverage under chapter 89 of title 5, United States Code,
pursuant to an enrollment under this section shall become effective
on January 3, 1999 or such earlier date as established by the
Office of Personnel Management after consultation with the Federal
Deposit Insurance Corporation or the Board of Governors of the
Federal Reserve System, as appropriate.
"(c) Eligibility for FEHBP Limited to Individuals Losing
Eligibility Under Former Health Plan. - Nothing in subsection
(a)(2) or any paragraph of subsection (b) (to the extent such
paragraph relates to the plan described in subsection (a)(2)) shall
be considered to apply with respect to any individual whose
eligibility for coverage under such plan does not involuntarily
terminate on or before January 2, 1999.
"(d) Transfers to the Employees Health Benefits Fund. - The
Federal Deposit Insurance Corporation and the Board of Governors of
the Federal Reserve System shall transfer to the Employees Health
Benefits Fund under section 8909 of title 5, United States Code,
amounts determined by the Director of the Office of Personnel
Management, after consultation with the Federal Deposit Insurance
Corporation and the Board of Governors of the Federal Reserve
System, to be necessary to reimburse the Fund for the cost of
providing benefits under this section not otherwise paid for by the
individuals covered by this section. The amounts so transferred
shall be held in the Fund and used by the Office of Personnel
Management in addition to amounts available under section
8906(g)(1) of such title.
"(e) Administration and Regulations. - The Office of Personnel
Management -
"(1) shall administer the provisions of this section to provide
for -
"(A) a period of notice and open enrollment for individuals
affected by this section; and
"(B) no lapse of health coverage for individuals who enroll
in a health benefits plan under chapter 89 of title 5, United
States Code, in accordance with this section; and
"(2) may prescribe regulations to implement this section."
CONTINUED COVERAGE FOR INDIVIDUALS ENROLLED IN PLAN ADMINISTERED BY
FARM CREDIT ADMINISTRATION
Pub. L. 104-37, title VI, Sec. 601, Oct. 21, 1995, 109 Stat. 328,
provided that:
"(a) For purposes of the administration of chapter 89 of title 5,
United States Code, any period of enrollment under a health
benefits plan administered by the Farm Credit Administration prior
to the effective date of this Act [Oct. 21, 1995] shall be deemed
to be a period of enrollment in a health benefits plan under
chapter 89 of such title.
"(b)(1) An individual who, on September 30, 1995, is covered by a
health benefits plan administered by the Farm Credit Administration
may enroll in an approved health benefits plan described under
section 8903 or 8903a of title 5, United States Code -
"(A) either as an individual or for self and family, if such
individual is an employee, annuitant, or former spouse as defined
under section 8901 of such title; and
"(B) for coverage effective on and after September 30, 1995.
"(2) An individual who, on September 30, 1995, is entitled to
continued coverage under a health benefits plan administered by the
Farm Credit Administration -
"(A) shall be deemed to be entitled to continued coverage under
section 8905a of title 5, United States Code, for the same period
that would have been permitted under the plan administered by the
Farm Credit Administration; and
"(B) may enroll in an approved health benefits plan described
under sections 8903 or 8903a of such title in accordance with
section 8905A of such title for coverage effective on and after
September 30, 1995.
"(3) An individual who, on September 30, 1995, is covered as an
unmarried dependent child under a health benefits plan administered
by the Farm Credit Administration and who is not a member of family
as defined under section 8901(5) of title 5, United States Code -
"(A) shall be deemed to be entitled to continued coverage under
section 8905a of such title as though the individual had, on
September 30, 1995, ceased to meet the requirements for being
considered an unmarried dependent child under chapter 89 of such
title; and
"(B) may enroll in an approved health benefits plan described
under section 8903 or 8903a of such title in accordance with
section 8905a for continued coverage on and after September 30,
1995.
"(c) The Farm Credit Administration shall transfer to the Federal
Employees Health Benefits Fund established under section 8909 of
title 5, United States Code, amounts determined by the Director of
the Office of Personnel Management, after consultation with the
Farm Credit Administration, to be necessary to reimburse the Fund
for the cost of providing benefits under this section not otherwise
paid for by the individuals covered by this section. The amount so
transferred shall be held in the Fund and used by the Office in
addition to the amounts available under section 8906(g)(1) of such
title.
"(d) The Office of Personnel Management -
"(1) shall administer the provisions of this section to provide
for -
"(A) a period of notice and open enrollment for individuals
affected by this section; and
"(B) no lapse of health coverage for individuals who enroll
in a health benefits plan under chapter 89 of title 5, United
States Code, in accordance with this section; and
"(2) may prescribe regulations to implement this section."
CONTINUED COVERAGE FOR INDIVIDUALS ENROLLED IN PLAN ADMINISTERED BY
OFFICE OF THE COMPTROLLER OF THE CURRENCY OR OFFICE OF THRIFT
SUPERVISION
Pub. L. 103-409, Sec. 5, Oct. 25, 1994, 108 Stat. 4232, provided
that:
"(a) Enrollment in Chapter 89 Plan. - For purposes of the
administration of chapter 89 of title 5, United States Code, any
period of enrollment under a health benefits plan administered by
the Office of the Comptroller of the Currency or the Office of
Thrift Supervision before the termination of such plans on January
7, 1995, shall be deemed to be a period of enrollment in a health
benefits plan under chapter 89 of such title.
"(b) Continued Coverage. - (1) Any individual who, on January 7,
1995, is covered by a health benefits plan administered by the
Office of the Comptroller of the Currency or the Office of Thrift
Supervision may enroll in an approved health benefits plan
described under section 8903 or 8903a of title 5, United States
Code -
"(A) either as an individual or for self and family, if such
individual is an employee, annuitant, or former spouse as defined
under section 8901 of such title; and
"(B) for coverage effective on and after January 8, 1995.
"(2) An individual who, on January 7, 1995, is entitled to
continued coverage under a health benefits plan administered by the
Office of the Comptroller of the Currency or the Office of Thrift
Supervision -
"(A) shall be deemed to be entitled to continued coverage under
section 8905a of title 5, United States Code, for the same period
that would have been permitted under the plan administered by the
Office of the Comptroller of the Currency or the Office of Thrift
Supervision; and
"(B) may enroll in an approved health benefits plan described
under section 8903 or 8903a of such title in accordance with
section 8905a of such title for coverage effective on and after
January 8, 1995.
"(3) An individual who, on January 7, 1995, is covered as an
unmarried dependent child under a health benefits plan administered
by the Office of the Comptroller of the Currency or the Office of
Thrift Supervision and who is not a member of family as defined
under section 8901(5) of title 5, United States Code -
"(A) shall be deemed to be entitled to continued coverage under
section 8905a of such title as though the individual had, on
January 7, 1995, ceased to meet the requirements for being
considered an unmarried dependent child under chapter 89 of such
title; and
"(B) may enroll in an approved health benefits plan described
under section 8903 or 8903a of such title in accordance with
section 8905a for continued coverage effective on and after
January 8, 1995.
"(c) Transfers to the Employees Health Benefits Fund. - The
Office of the Comptroller of the Currency and the Office of Thrift
Supervision shall transfer to the Employees Health Benefits Fund
established under section 8909 of title 5, United States Code,
amounts determined by the Director of the Office of Personnel
Management, after consultation with the Office of the Comptroller
of the Currency and the Office of Thrift Supervision, to be
necessary to reimburse the Fund for the cost of providing benefits
under this section not otherwise paid for by the individuals
covered by this section. The amounts so transferred shall be held
in the Fund and used by the Office in addition to amounts available
under section 8906(g)(1) of such title.
"(d) Administration and Regulations. - The Office of Personnel
Management -
"(1) shall administer the provisions of this section to provide
for -
"(A) a period of notice and open enrollment for individuals
affected by this section; and
"(B) no lapse of health coverage for individuals who enroll
in a health benefits plan under chapter 89 of title 5, United
States Code, in accordance with this section; and
"(2) may prescribe regulations to implement this section."
CONTINUED COVERAGE UNDER CERTAIN FEDERAL EMPLOYEE BENEFIT PROGRAMS
FOR CERTAIN EMPLOYEES OF SAINT ELIZABETHS HOSPITAL
For provisions relating to treatment of certain Federal employees
of Saint Elizabeths Hospital under certain Federal employee benefit
programs, see section 207(o) of Pub. L. 99-335, set out as a note
under section 8331 of this title.
(!1) See Change of Name note below.