50 U.S.C. § 403p : US Code - Section 403P: Health benefits for certain former spouses of Central Intelligence Agency employees

Search 50 U.S.C. § 403p : US Code - Section 403P: Health benefits for certain former spouses of Central Intelligence Agency employees

(a) Persons eligible
Except as provided in subsection (e) of this section, any
individual -
(1) formerly married to an employee or former employee of the
Agency, whose marriage was dissolved by divorce or annulment
before May 7, 1985;
(2) who, at any time during the eighteen-month period before
the divorce or annulment became final, was covered under a health
benefits plan as a member of the family of such employee or
former employee; and
(3) who was married to such employee for not less than ten
years during periods of service by such employee with the Agency,
at least five years of which were spent outside the United States
by both the employee and the former spouse,
is eligible for coverage under a health benefits plan in accordance
with the provisions of this section.
(b) Enrollment for health benefits
(1) Any individual eligible for coverage under subsection (a) of
this section may enroll in a health benefits plan for self alone or
for self and family if, before the expiration of the six-month
period beginning on October 1, 1986, and in accordance with such
procedures as the Director of the Office of Personnel Management
shall by regulation prescribe, such individual -
(A) files an election for such enrollment; and
(B) arranges to pay currently into the Employees Health
Benefits Fund under section 8909 of title 5 an amount equal to
the sum of the employee and agency contributions payable in the
case of an employee enrolled under chapter 89 of such title in
the same health benefits plan and with the same level of
benefits.
(2) The Director of the Central Intelligence Agency shall, as
soon as possible, take all steps practicable -
(A) to determine the identity and current address of each
former spouse eligible for coverage under subsection (a) of this
section; and
(B) to notify each such former spouse of that individual's
rights under this section.
(3) The Director of the Office of Personnel Management, upon
notification by the Director of the Central Intelligence Agency,
shall waive the six-month limitation set forth in paragraph (1) in
any case in which the Director of the Central Intelligence Agency
determines that the circumstances so warrant.
(c) Eligibility of former wives or husbands
(1) Notwithstanding subsections (a) and (b) of this section and
except as provided in subsections (d), (e), and (f) of this
section, an individual -
(A) who was divorced on or before December 4, 1991, from a
participant or retired participant in the Central Intelligence
Agency Retirement and Disability System or the Federal Employees
Retirement System Special Category;
(B) who was married to such participant for not less than ten
years during the participant's creditable service, at least five
years of which were spent by the participant during the
participant's service as an employee of the Agency outside the
United States, or otherwise in a position the duties of which
qualified the participant for designation by the Director as a
participant under section 2013 of this title; and
(C) who was enrolled in a health benefits plan as a family
member at any time during the 18-month period before the date of
dissolution of the marriage to such participant;
is eligible for coverage under a health benefits plan.
(2) A former spouse eligible for coverage under paragraph (1) may
enroll in a health benefits plan in accordance with subsection
(b)(1) of this section, except that the election for such
enrollment must be submitted within 60 days after the date on which
the Director notifies the former spouse of such individual's
eligibility for health insurance coverage under this subsection.
(d) Continuation of eligibility
Notwithstanding subsections (a), (b), and (c) of this section and
except as provided in subsections (e) and (f) of this section, an
individual divorced on or before December 4, 1991, from a
participant or retired participant in the Central Intelligence
Agency Retirement and Disability System or Federal Employees'
Retirement System Special Category who enrolled in a health
benefits plan following the dissolution of the marriage to such
participant may continue enrollment following the death of such
participant notwithstanding the termination of the retirement
annuity of such individual.
(e) Remarriage before age fifty-five; continued enrollment;
restored eligibility
(1) Any former spouse who remarries before age fifty-five is not
eligible to make an election under subsection (b)(1) of this
section.
(2) Any former spouse enrolled in a health benefits plan pursuant
to an election under subsection (b)(1) of this section or to
subsection (d) of this section may continue the enrollment under
the conditions of eligibility which the Director of the Office of
Personnel Management shall by regulation prescribe, except that any
former spouse who remarries before age fifty-five shall not be
eligible for continued enrollment under this section after the end
of the thirty-one-day period beginning on the date of remarriage.
(3)(A) A former spouse who is not eligible to enroll or to
continue enrollment in a health benefits plan under this section
solely because of remarriage before age fifty-five shall be
restored to such eligibility on the date such remarriage is
dissolved by death, annulment, or divorce.
(B) A former spouse whose eligibility is restored under
subparagraph (A) may, under regulations which the Director of the
Office of Personnel Management shall prescribe, enroll in a health
benefits plan if such former spouse -
(i) was an individual referred to in paragraph (1) and was an
individual covered under a benefits plan as a family member at
any time during the 18-month period before the date of
dissolution of the marriage to the Agency employee or annuitant;
or
(ii) was an individual referred to in paragraph (2) and was an
individual covered under a benefits plan immediately before the
remarriage ended the enrollment.
(f) Enrollment in health benefits plan under other authority
No individual may be covered by a health benefits plan under this
section during any period in which such individual is enrolled in a
health benefits plan under any other authority, nor may any
individual be covered under more than one enrollment under this
section.
(g) "Health benefits plan" defined
For purposes of this section the term "health benefits plan"
means an approved health benefits plan under chapter 89 of title 5.