Notes on 5 U.S.C. § 8909 : US Code - Notes

Search Notes on 5 U.S.C. § 8909 : US Code - Notes

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 605; Pub. L. 95-454, title
IX, Sec. 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 98-
615, Sec. 3(6), Nov. 8, 1984, 98 Stat. 3204; Pub. L. 99-53, Sec.
2(e), (f), June 17, 1985, 99 Stat. 94; Pub. L. 99-251, title I,
Sec. 101, Feb. 27, 1986, 100 Stat. 14; Pub. L. 100-654, title II,
Sec. 202(a), Nov. 14, 1988, 102 Stat. 3845; Pub. L. 101-508, title
VII, Sec. 7002(b), (c), Nov. 5, 1990, 104 Stat. 1388-330; Pub. L.
105-261, div. A, title VII, Sec. 721(b)(4), Oct. 17, 1998, 112
Stat. 2065; Pub. L. 105-266, Sec. 6(b)(1), Oct. 19, 1998, 112 Stat.
2369.)
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. 3007.           Sept. 28, 1959, Pub. L.     
86-382, Sec. 8, 73 Stat.   
714.                       
Mar. 17, 1964, Pub. L.      
88-284, Sec. 1(12), (13),  
78 Stat. 165.              
5 U.S.C. 3008(b).        Sept. 23, 1959, Pub. L.     
86-382, Sec. 9(b), 73 Stat.
715.                       
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In subsection (a), the words "hereby created" are omitted as
executed. The words "hereinafter referred to as the 'Fund' " are
omitted as unnecessary. The words "to reimburse the Employees
Health Benefits Fund for sums expended by the Commission in
administering the provisions of this chapter for the fiscal years
1960 and 1961" in former section 3008(b) are omitted as executed.
In subsection (d), the requirement that the assets and
liabilities of plans of organizations that have been merged be
transferred at the beginning of the contract term next following
the date of the merger or enactment of this subsection is omitted
as executed. The next beginning contract term referred to was
November 1, 1964, and the transfers have been made. In the last
sentence, the word "hereafter" is omitted as unnecessary.
In subsection (e), the word "is" is substituted for "is or has
been" as this title is stated prospectively, and any existing
rights and duties are preserved by technical section 8.
Standard changes are made to conform with the definitions
applicable and the style of this title as outlined in the preface
of the report.
AMENDMENTS                            
1998 - Subsec. (e). Pub. L. 105-266 designated existing
provisions as par. (1) and added pars. (2) and (3).
Subsec. (g). Pub. L. 105-261 added subsec. (g).
1990 - Subsec. (a). Pub. L. 101-508, Sec. 7002(b), inserted at
end "Payments from the Fund to a plan participating in a letter-of-
credit arrangement under this chapter shall, in connection with
any payment or reimbursement to be made by such plan for a health
service or supply, be made, to the maximum extent practicable, on a
checks-presented basis (as defined under regulations of the
Department of the Treasury)."
Subsec. (f). Pub. L. 101-508, Sec. 7002(c), added subsec. (f).
1988 - Subsec. (d). Pub. L. 100-654 substituted "former spouse,
or person having continued coverage under section 8905a of this
title" for "or former spouse" in two places.
1986 - Subsec. (b). Pub. L. 99-251 substituted "enrollees" for
"employees" in last sentence.
1985 - Subsec. (d). Pub. L. 99-53, Sec. 2(e), substituted
"section 8903(3) or 8903a" for "section 8903(3)" and inserted
provision directing that if the successor organization is an
organization described in section 8901(8)(B) of this title, any
transferred employee, annuitant, or former spouse may not remain
enrolled in the plan after the end of the contract term in which
the merger occurs unless the individual is a full member of such
organization (as determined under section 8903a(d) of this title).
Subsec. (e). Pub. L. 99-53, Sec. 2(f), inserted "or 8903a" before
"of this title".
1984 - Subsecs. (a), (b). Pub. L. 98-615, Sec. 3(6)(A),
substituted "enrollees" for "employees, annuitants," in provisions
preceding par. (1).
Subsec. (d). Pub. L. 98-615, Sec. 3(6)(B), substituted "Each
employee, annuitant, or former spouse" for "Each employee or
annuitant".
1978 - Subsecs. (a), (b). Pub. L. 95-454 substituted "Office of
Personnel Management" for "Civil Service Commission" and "Office"
for "Commission" wherever appearing.
EFFECTIVE DATE OF 1990 AMENDMENT                 
Amendment by Pub. L. 101-508 applicable with respect to contract
years beginning on or after Jan. 1, 1991, see section 7002(g) of
Pub. L. 101-508, set out as a note under section 8902 of this
title.
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 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.
DISPOSAL OF AMOUNTS REMAINING AS OF OCTOBER 19, 1998, IN
CONTINGENCY RESERVE OF DISCONTINUED PLAN
Pub. L. 105-266, Sec. 6(b)(2), Oct. 19, 1998, 112 Stat. 2369,
provided that: "In the case of any amounts remaining as of the date
of the enactment of this Act [Oct. 19, 1998] in the contingency
reserve of a discontinued plan, such amounts shall be disposed of
in accordance with section 8909(e) of title 5, United States Code,
as amended by this subsection, by - 
"(A) the deadline set forth in section 8909(e) of such title
(as so amended); or
"(B) if later, the end of the 6-month period beginning on such
date of enactment."
AMOUNTS TO BE REFUNDED FROM CARRIERS' SPECIAL RESERVES      
Pub. L. 99-272, title XV, Sec. 15202(a), Apr. 7, 1986, 100 Stat.
333, provided that:
"(1) The Office of Personnel Management - 
"(A) shall determine the minimum level of financial reserves
necessary to be held by a carrier for each health benefits plan
under chapter 89 of such title for the purpose of ensuring the
stable and efficient operation of such plan; and
"(B) shall require the carrier to refund to the Employees
Health Benefits Fund (described in section 8909(a) of title 5,
United States Code) any such reserves in excess of such minimum
level in such amounts and at such times during fiscal years 1986
and 1987 as the Office determines appropriate.
"(2) In carrying out its responsibilities under this subsection,
the Office shall ensure that the aggregate amount to be refunded to
the Employees Health Benefits Fund under this subsection - 
"(A) during fiscal year 1986 shall be not less than
$800,000,000; and
"(B) during fiscal year 1987 shall be not less than
$300,000,000.
"(3) No amount in the Employees Health Benefits Fund may be
transferred to the general fund of the Treasury of the United
States as a result of a refund made under this subsection.
"(4)(A) Subject to subparagraphs (B) and (C), any amounts
refunded to the Employees Health Benefits Fund under this
subsection may be used solely for the purpose of paying the
Government contribution under chapter 89 of title 5, United States
Code, for health benefits for annuitants, as defined by section
8901(3) of title 5, United States Code, (including the Government
contribution for former employees of the United States Postal
Service) enrolled in health benefits plans under such chapter.
"(B) This paragraph applies to a refund to the extent that such
refund represents amounts attributable to Government contributions
which were made under section 8906(b) of title 5, United States
Code, (including contributions made by the United States Postal
Service) as determined under regulations which the Office of
Personnel Management shall prescribe.
"(C) Any part of the amount in the Employees Health Benefits Fund
as a result of a refund made under this subsection may be
transferred - 
"(i) to the government of the District of Columbia, except that
the amount of any such part so transferred shall not exceed the
amount attributable to the contributions made by the government
of the District of Columbia to subscription charges under this
chapter (as determined by the Office of Personnel Management);
and
"(ii) to the United States Postal Service, except that the
amount of any such part so transferred shall not exceed the
amount attributable to the contributions made by the United
States Postal Service to subscription charges under this chapter
(as determined by the Office).
"(5) The provisions of this subsection shall apply
notwithstanding any provision of the Federal Employees Benefits
Improvement Act of 1985 [probably means the Federal Employees
Benefits Improvement Act of 1986, Pub. L. 99-251, see Short Title
of 1986 Amendment note set out under section 8901 of this title for
classification]."
RESTRICTIONS RELATING TO AMOUNTS REFUNDED TO EMPLOYEES HEALTH
BENEFITS FUND FROM CARRIERS' SPECIAL RESERVES
Section 112 of Pub. L. 99-251 provided that:
"(a) Prohibited Transfers. - (1) No amount in the Employees
Health Benefits Fund may be transferred to the general fund of the
Treasury of the United States or the United States Postal Service
as a result of a refund described in paragraph (2).
"(2) This subsection applies with respect to any refund made by a
carrier during fiscal year 1986 or 1987 to the Employees Health
Benefits Fund to the extent that such refund represents amounts in
excess of the minimum level of financial reserves necessary to be
held by such carrier to ensure the stable and efficient operation
of its health benefits plan.
"(b) Restriction Relating to Use of Certain Amounts in the Fund. -
(1) Any amount which is in the Employees Health Benefits Fund,
and which is described in paragraph (2), may be used solely for the
purpose of paying the Government contribution under chapter 89 of
title 5, United States Code, for health benefits for annuitants
enrolled in health benefits plans (without regard to the health
benefits plan or plans from which the refunds were received).
"(2) This subsection applies with respect to any amounts - 
"(A) which are referred to in subsection (a)(2); and
"(B) which are attributable to Government contributions (other
than contributions by the government of the District of Columbia,
which shall be returned to such government) that were made under
section 8906(b) of title 5, United States Code, as determined
under regulations which the Office of Personnel Management shall
prescribe.
"(c) Definitions. - For the purpose of this section - 
"(1) the term 'Employees Health Benefits Fund' refers to the
fund described in section 8909(a) of title 5, United States Code;
"(2) the term 'carrier' has the meaning given such term by
section 8901(7) of such title; and
"(3) the term 'health benefits plan' has the meaning given such
term by section 8901(6) of such title."