Notes on 5 U.S.C. § 8905 : US Code - Notes
Search Notes on 5 U.S.C. § 8905 : US Code - Notes
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 603; Pub. L. 95-454, title
IX, Sec. 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 98-
615, Sec. 3(4), Nov. 8, 1984, 98 Stat. 3203; Pub. L. 99-53, Sec.
2(a), (c), June 17, 1985, 99 Stat. 94; Pub. L. 99-251, title I,
Secs. 103, 104(a), Feb. 27, 1986, 100 Stat. 14; Pub. L. 99-335,
title II, Sec. 207(m), June 6, 1986, 100 Stat. 598; Pub. L. 100-
654, title II, Secs. 201(c), (d), 202(c), Nov. 14, 1988, 102 Stat.
3845; Pub. L. 102-378, Sec. 2(77), Oct. 2, 1992, 106 Stat. 1355;
Pub. L. 105-261, div. A, title VII, Sec. 721(b)(1), Oct. 17, 1998,
112 Stat. 2065; Pub. L. 106-394, Sec. 2, Oct. 30, 2000, 114 Stat.
1629.)
HISTORICAL AND REVISION NOTES
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Derivation U.S. Code Revised Statutes and
Statutes at Large
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5 U.S.C. 3002(a) Sept. 28, 1959, Pub. L.
(1st sentence, less 86-382, Sec. 3(a) (1st
words between 1st sentence, less words
and 4th commas), between 1st and 4th
(b)-(e). commas), (b)-(e), 73 Stat.
710.
Mar. 17, 1964, Pub. L.
88-284, Sec. 1(5), 78 Stat.
164.
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In subsection (b)(1), the words "as an employee" are inserted for
clarity.
In subsection (b)(1)(C), the words "before January 1, 1965" are
substituted for "not later than December 31, 1964".
Standard changes are made to conform with the definitions
applicable and the style of this title as outlined in the preface
to the report.
AMENDMENTS
2000 - Subsec. (h). Pub. L. 106-394 added subsec. (h).
1998 - Subsecs. (d) to (g). Pub. L. 105-261 added subsec. (d) and
redesignated former subsecs. (d) to (f) as (e) to (g),
respectively.
1992 - Subsec. (b). Pub. L. 102-378, Sec. 2(77)(A), substituted
"this chapter" for "this subchapter." at end.
Subsec. (c)(1). Pub. L. 102-378, Sec. 2(77)(B), inserted comma
after "8341(h)" in last sentence.
1988 - Subsec. (d). Pub. L. 100-654, Sec. 202(c), amended subsec.
(d) generally. Prior to amendment, subsec. (d) read as follows: "If
an employee has a spouse who is an employee, either spouse, but not
both, may enroll for self and family, or each spouse may enroll as
an individual. However, an individual may not be enrolled both as
an employee or annuitant and as a member of the family."
Subsecs. (e), (f)(1), (2). Pub. L. 100-654, Sec. 201(c), (d)(1),
substituted "former spouse, or person having continued coverage
under section 8905a of this title" for "or former spouse".
Subsec. (f)(3). Pub. L. 100-654, Sec. 201(d)(2), added par. (3).
1986 - Subsec. (b). Pub. L. 99-251, Sec. 103, inserted last
sentence relating to waiver of the requirements of this subsection
if it would be against equity to prohibit enrollment.
Subsec. (c)(1). Pub. L. 99-335 inserted in subpar. (B) "or
8417(b)" and substituted in provision following subpar. (B)
"8345(j), 8445, or 8467" for "or 8345(j)".
Subsec. (f). Pub. L. 99-251, Sec. 104(a), amended subsec. (f)
generally. Prior to amendment, subsec. (f) read as follows: "An
employee, annuitant, or former spouse enrolled in a health benefits
plan under this chapter may change his coverage or that of himself
and members of his family by an application filed within 60 days
after a change in family status or at other times and under
conditions prescribed by regulations of the Office."
1985 - Subsecs. (a), (c)(1). Pub. L. 99-53, Sec. 2(a), inserted
reference to section 8903a of this title.
Subsec. (f). Pub. L. 99-53, Sec. 2(a), (c), inserted reference to
section 8903a of this title and substituted "such plan" for "plan
described by that section".
1984 - Subsec. (c). Pub. L. 98-615, Sec. 3(4)(A), added subsec.
(c). Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 98-615, Sec. 3(4)(A), redesignated former
subsec. (c) as (d). Former subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 98-615, Sec. 3(4), redesignated former
subsec. (d) as (e) and substituted "An employee, annuitant, or
former spouse" for "An employee or annuitant". Former subsec. (e)
redesignated (f).
Subsec. (f). Pub. L. 98-615, Sec. 3(4), redesignated former
subsec. (e) as (f) and substituted "An employee, annuitant, or
former spouse" for "An employee or annuitant".
1978 - Subsecs. (b), (d), (e). Pub. L. 95-454 substituted "Office
of Personnel Management" and "Office" for "Civil Service
Commission" and "Commission", respectively, wherever appearing.
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100-654 applicable with respect to any
calendar year beginning, and contracts entered into or renewed for
any calendar year beginning, after end of 9-month period beginning
Nov. 14, 1988, and with respect to any qualifying event occurring
on or after first day of first calendar year beginning after end of
such 9-month period, see section 203 of Pub. L. 100-654, set out as
a note under section 8902 of this title.
EFFECTIVE DATE OF 1986 AMENDMENTS
Amendment by Pub. L. 99-335 effective 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 104(b) of Pub. L. 99-251 provided that: "The amendment
made by subsection (a) [amending this section] shall be effective
with respect to contracts entered into or renewed for calendar
years beginning after 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 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.
ELECTION OF HEALTH BENEFITS COVERAGE AND ENTITLEMENT TO HEALTH
BENEFITS UNDER THIS CHAPTER RATHER THAN UNDER RETIRED FEDERAL
EMPLOYEES HEALTH BENEFITS ACT
Pub. L. 93-246, Secs. 2, 4(b), Jan. 31, 1974, 88 Stat. 4,
provided that:
"Sec. 2. (a) Notwithstanding any other provision of law, an
annuitant, as defined under section 8901(3) of title 5, United
States Code, who is participating or who is eligible to participate
in the health benefits program offered under the Retired Federal
Employees Health Benefits Act (74 Stat. 849; Public Law 86-724),
may elect, in accordance with regulations prescribed by the United
States Civil Service Commission, to be covered under the provisions
of chapter 89 of title 5, United States Code [this chapter], in
lieu of coverage under such Act.
"(b) An annuitant who elects to be covered under the provisions
of chapter 89 of title 5, United States Code [this chapter], in
accordance with subsection (a) of this section, shall be entitled
to the benefits under such chapter 89.
"[Sec. 4] (b) Section 2 [set out above] shall take effect on the
one hundred and eightieth day following the date of enactment [Jan.
1, 1974] or on such earlier date as the United States Civil Service
Commission may prescribe."
(!1) So in original. Probably should be followed by a period.