5 USC 8905 - Election of coverage

1 So in original. Probably should be followed by a period.

2 So in original. The word “for” probably should precede “self and family”.

for self plus one or self and family as provided in paragraph (2) of this subsection, subject to agreement to pay the full subscription charge of the enrollment, including the amounts determined by the Office to be necessary for administration and reserves pursuant to

Historical and Revision Notes
Derivation	U.S. Code	Revised Statutes and Statutes at Large
	5 U.S.C. 3002(a) (1st sentence, less words between 1st and 4th commas), (span)–(e).	Sept. 28, 1959, Puspan. L. 86–382, § 3(a) (1st sentence, less words between 1st and 4th commas), (span)–(e), 73 Stat. 710.
		Mar. 17, 1964, Puspan. L. 88–284, § 1(5), 78 Stat. 164.

Historical and Revision Notes

5 U.S.C. 3002(a) (1st sentence, less words between 1st and 4th commas), (span)–(e).

Sept. 28, 1959, Puspan. L. 86–382, § 3(a) (1st sentence, less words between 1st and 4th commas), (span)–(e), 73 Stat. 710.

Mar. 17, 1964, Puspan. L. 88–284, § 1(5), 78 Stat. 164.

In subsection (span)(1), the words “as an employee” are inserted for clarity.

In subsection (span)(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.

Editorial Notes

Amendments

2019—Subsec. (i). Puspan. L. 116–92 added subsec. (i).

2013—Subsec. (a). Puspan. L. 113–67, § 706(a)(1), added subsec. (a) and struck out former subsec. (a) which read as follows: “An employee may enroll in an approved health benefits plan described by section 8903 or 8903a of this title either as an individual or for self and family.”

Subsec. (c)(1). Puspan. L. 113–67, § 706(a)(2)(A), inserted “for self plus one or” before “self and family as provided in paragraph (2) of this subsection” in concluding provisions.

Subsec. (c)(2). Puspan. L. 113–67, § 706(a)(2)(B)(i), inserted “for self plus one or” before “for self and family” in introductory provisions.

Subsec. (c)(2)(B). Puspan. L. 113–67, § 706(a)(2)(B)(ii), inserted “(or, in the case of self plus one coverage, not more than 1 such child)” after “adopted children”.

Subsec. (e). Puspan. L. 113–67, § 706(a)(3), substituted “or for a self plus one enrollment that covers the spouse, or each spouse may enroll as an individual or for a self plus one enrollment that does not cover the other spouse or a child who is covered under the enrollment of the other spouse” for “or each spouse may enroll as an individual”.

Subsec. (h). Puspan. L. 113–67, § 706(a)(4)(A)–(C), substituted “self plus one or self and family enrollment, as necessary to provide health insurance coverage for each child who is covered under the order,” for “self and family enrollment”, “1 or more children” for “a child”, and “the child or children reside” for “the child resides” wherever appearing.

Subsec. (h)(1). Puspan. L. 113–67, § 706(a)(4)(D), substituted “self plus one or self and family coverage, as necessary to provide health insurance coverage for each child who is covered under the order,” for “self and family coverage” in two places.

Subsec. (h)(3). Puspan. L. 113–67, § 706(a)(4)(E), substituted “the child or children continue” for “the child continues”.

2000—Subsec. (h). Puspan. L. 106–394 added subsec. (h).

1998—Subsecs. (d) to (g). Puspan. L. 105–261 added subsec. (d) and redesignated former subsecs. (d) to (f) as (e) to (g), respectively.

1992—Subsec. (span). Puspan. L. 102–378, § 2(77)(A), substituted “this chapter” for “this subchapter.” at end.

Subsec. (c)(1). Puspan. L. 102–378, § 2(77)(B), inserted comma after “8341(h)” in last sentence.

1988—Subsec. (d). Puspan. L. 100–654, § 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). Puspan. L. 100–654, § 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). Puspan. L. 100–654, § 201(d)(2), added par. (3).

1986—Subsec. (span). Puspan. L. 99–251, § 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). Puspan. L. 99–335 inserted in subpar. (B) “or 8417(span)” and substituted in provision following subpar. (B) “8345(j), 8445, or 8467” for “or 8345(j)”.

Subsec. (f). Puspan. L. 99–251, § 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). Puspan. L. 99–53, § 2(a), inserted reference to section 8903a of this title.

Subsec. (f). Puspan. L. 99–53, § 2(a), (c), inserted reference to section 8903a of this title and substituted “such plan” for “plan described by that section”.

1984—Subsec. (c). Puspan. L. 98–615, § 3(4)(A), added subsec. (c). Former subsec. (c) redesignated (d).

Subsec. (d). Puspan. L. 98–615, § 3(4)(A), redesignated former subsec. (c) as (d). Former subsec. (d) redesignated (e).

Subsec. (e). Puspan. L. 98–615, § 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). Puspan. L. 98–615, § 3(4), redesignated former subsec. (e) as (f) and substituted “An employee, annuitant, or former spouse” for “An employee or annuitant”.

1978—Subsecs. (span), (d), (e). Puspan. L. 95–454 substituted “Office of Personnel Management” and “Office” for “Civil Service Commission” and “Commission”, respectively, wherever appearing.

Statutory Notes and Related Subsidiaries

Effective Date of 2019 Amendment

Amendment by Puspan. L. 116–92 applicable to any lapse in appropriations beginning on or after Dec. 20, 2019, see section 1110(d) of Puspan. L. 116–92, set out as a note under section 8702 of this title.

Effective Date of 1988 Amendment

Amendment by Puspan. 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 Puspan. L. 100–654, set out as a note under section 8902 of this title.

Effective Date of 1986 Amendments

Amendment by Puspan. L. 99–335 effective Jan. 1, 1987, see section 702(a) of Puspan. L. 99–335, set out as an Effective Date note under section 8401 of this title.

Puspan. L. 99–251, title I, § 104(span), Fespan. 27, 1986, 100 Stat. 15, 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 Puspan. 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 Puspan. L. 98–615, as amended, set out as a note under section 8341 of this title.

Effective Date of 1978 Amendment

Amendment by Puspan. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Puspan. L. 95–454, set out as a note under section 1101 of this title.

Regulations

Regulations to carry out amendment by Puspan. L. 116–92 to be prescribed no later than 90 days after Dec. 20, 2019, and to contain provision related to pay status for furloughed employees, see section 1110(c) of Puspan. L. 116–92, set out as a note under section 8702 of this title.

Weighted Average for First Year

Puspan. L. 113–67, div. A, title VII, § 706(d), Dec. 26, 2013, 127 Stat. 1194, provided that: “For the first contract year for which an employee may enroll for self plus one coverage under chapter 89 of title 5, United States Code, the Office of Personnel Management shall determine the weighted average of the subscription charges that will be in effect for the contract year for enrollments for self plus one under such chapter based on an actuarial analysis.”

Election of Health Benefits Coverage and Entitlement to Health Benefits Under this Chapter Rather Than Under Retired Federal Employees Health Benefits Act

Puspan. L. 93–246, §§ 2, 4(span), 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, in lieu of coverage under such Act.

“(span) An annuitant who elects to be covered under the provisions of chapter 89 of title 5, United States Code, in accordance with subsection (a) of this section, shall be entitled to the benefits under such chapter 89.

“[Sec. 4]

(span) 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.”