Notes on 5 U.S.C. § 8906 : US Code - Notes
Search Notes on 5 U.S.C. § 8906 : US Code - Notes
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 604; Pub. L. 90-83, Sec.
1(96), Sept. 11, 1967, 81 Stat. 219; Pub. L. 91-418, Sec. 1(a),
Sept. 25, 1970, 84 Stat. 869; Pub. L. 93-246, Sec. 1, Jan. 31,
1974, 88 Stat. 3; Pub. L. 94-310, Sec. 3(a), June 15, 1976, 90
Stat. 687; Pub. L. 95-437, Sec. 4(c)(2)(A), Oct. 10, 1978, 92 Stat.
1059; Pub. L. 95-454, title IX, Sec. 906(a)(15), (c)(2)(F), Oct.
13, 1978, 92 Stat. 1226, 1227; Pub. L. 96-54, Sec. 2(a)(53), Aug.
14, 1979, 93 Stat. 384; Pub. L. 99-272, title XV, Sec. 15202(b),
Apr. 7, 1986, 100 Stat. 334; Pub. L. 101-239, title IV, Sec.
4003(a), Dec. 19, 1989, 103 Stat. 2135; Pub. L. 101-303, Sec. 1(a),
(b), May 29, 1990, 104 Stat. 250; Pub. L. 101-508, title VII, Sec.
7102(a), (b), Nov. 5, 1990, 104 Stat. 1388-333; Pub. L. 102-378,
Sec. 2(78), Oct. 2, 1992, 106 Stat. 1355; Pub. L. 104-186, title
II, Sec. 215(19), Aug. 20, 1996, 110 Stat. 1747; Pub. L. 104-208,
div. A, title I, Sec. 101(f) [title IV, Sec. 422], Sept. 30, 1996,
110 Stat. 3009-314, 3009-343; Pub. L. 105-33, title VII, Sec.
7002(a), Aug. 5, 1997, 111 Stat. 662; Pub. L. 105-261, div. A,
title VII, Sec. 721(b)(2), (3), Oct. 17, 1998, 112 Stat. 2065; Pub.
L. 107-107, div. A, title V, Sec. 519(a), (b), Dec. 28, 2001, 115
Stat. 1096; Pub. L. 108-375, div. A, title XI, Sec. 1101(b), Oct.
28, 2004, 118 Stat. 2072; Pub. L. 109-435, title VIII, Sec.
803(a)(1)(A), Dec. 20, 2006, 120 Stat. 3251.)
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. 3006. Sept. 28, 1959, Pub. L.
86-382, Sec. 7, 73 Stat.
713.
Mar. 17, 1964, Pub. L.
88-284, Sec. 1(10), (11),
78 Stat. 165.
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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.
1967 ACT
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Section of Source (U.S. Code) Source (Statutes at Large)
title 5
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8906(a) 5 App.: 3006(a)(1). July 18, 1966, Pub. L.
89-504, Secs. 406(b), 602,
80 Stat. 298, 303.
8906(b)
8906(e)(2)
5 App.: 3006(a)(2).
5 App.: 3006(b)(2).
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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).
AMENDMENTS
2006 - 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".
2004 - Subsec. (e)(3)(C). Pub. L. 108-375 substituted "24 months"
for "18 months".
2001 - Subsec. (e)(3). Pub. L. 107-107, Sec. 519(a), added par.
(3).
Subsec. (f). Pub. L. 107-107, Sec. 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, Sec. 721(b)(2)(A),
substituted "paragraphs (2), (3), and (4)" for "paragraphs (2) and
(3)".
Subsec. (b)(4). Pub. L. 105-261, Sec. 721(b)(2)(B), added par.
(4).
Subsec. (g)(1). Pub. L. 105-261, Sec. 721(b)(3)(A), substituted
"paragraphs (2) and (3)" for "paragraph (2)".
Subsec. (g)(3). Pub. L. 105-261, Sec. 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, Sec. 2(78)(A), inserted
period after "Office)".
Subsec. (c). Pub. L. 102-378, Sec. 2(78)(B), substituted "and
(except" for "and except".
1990 - Subsec. (c). Pub. L. 101-303, Sec. 1(b)(1), inserted
"except as provided in subsection (i) of this section)" after
"enrolled employee and".
Subsec. (d). Pub. L. 101-303, Sec. 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 "July 1, 1971," for "October 1, 1986," in
two places, and added subpar. (B).
Subsec. (i). Pub. L. 101-303, Sec. 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 October 1, 1986, 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, Sec. 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, Sec. 4(c)(2)(A)(i), substituted
"paragraphs (2) and (3)" for "paragraph (2)".
Subsec. (b)(3). Pub. L. 95-454, Sec. 906(a)(15), (c)(2)(F),
substituted "Office" for "Commission", and "3401" for "3391".
Pub. L. 95-437, Sec. 4(c)(2)(A)(ii), added par. (3).
Subsecs. (e)(1), (h). Pub. L. 95-454, Sec. 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, Sec. 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, Sec. 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, Sec. 1(a), added par. (2).
Subsec. (c). Pub. L. 93-246, Sec. 1(b), struck out reference to
subsec. (a).
Subsec. (g). Pub. L. 93-246, Sec. 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.
EFFECTIVE DATE OF 2006 AMENDMENT
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.
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 Sept. 14,
2001, 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, Sec. 519(c), Dec. 28, 2001, 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 December 8, 1995, and an agency may make
retroactive payments to such employees for premiums paid on or
after such date."
EFFECTIVE DATE OF 1997 AMENDMENT
Section 7002(b) of Pub. L. 105-33 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
Section 7102(c) of Pub. L. 101-508 provided that: "The amendments
made by this section [amending this section] shall take effect on
October 1, 1990, and shall apply with respect to amounts payable
for periods beginning on or after that date."
Section 1(c) of Pub. L. 101-303 provided that: "The amendments
made by this section [amending this section] shall take effect on
the date of enactment of this Act [May 29, 1990]. 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
Section 4003(b) of Pub. L. 101-239 provided that: "The amendment
made by subsection (a) [amending this section] shall take effect on
October 1, 1989, 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 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 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
Amendment by Pub. L. 94-310 effective Oct. 1, 1976, see section 4
of Pub. L. 94-310, set out as a note under section 130b of Title 2,
The Congress.
EFFECTIVE DATE OF 1974 AMENDMENT
Section 4(a) of Pub. L. 93-246 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
January 1, 1974."
Section 4(d) of Pub. L. 93-246 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 [Jan. 31, 1974]."
EFFECTIVE DATE OF 1970 AMENDMENT
Section 1(b) of Pub. L. 91-418 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 December 31, 1970."
PAYMENTS BY POSTAL SERVICE RELATING TO CORRECTED CALCULATIONS FOR
PAST HEALTH BENEFITS
Pub. L. 103-66, title XI, Sec. 11101(b), Aug. 10, 1993, 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 September
30, 1996;
"(2) at least two-thirds shall be paid not later than September
30, 1997; and
"(3) any remaining balance shall be paid not later than
September 30, 1998."
COMPUTATION OF GOVERNMENT CONTRIBUTIONS TO FEDERAL EMPLOYEES HEALTH
BENEFITS PROGRAM FOR 1990 THROUGH 1993
Pub. L. 101-76, Aug. 11, 1989, 103 Stat. 556, as amended by Pub.
L. 101-508, title VII, Sec. 7002(e), Nov. 5, 1990, 104 Stat. 1388-
330; Pub. L. 103-66, title XI, Sec. 11005, Aug. 10, 1993, 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 [Aug. 11, 1989], 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, Sec. 6003, Dec. 22, 1987, 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
Section 4(c)(2)(B) of Pub. L. 95-437 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 [Oct. 10, 1978] 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, Sec. 4, Oct. 15, 1982, 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 July 18,
1966, 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.