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Historical and Revision Notes
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1966 Act
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5 U.S.C. 3001.
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Sept. 28, 1959, Pub. L. 86–382, § 2, 73 Stat. 709.
July 8, 1963, Pub. L. 88–59, § 1, 77 Stat. 76.
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Mar. 17, 1964, Pub. L. 88–284, § 1(1)–(4), 78 Stat. 164.
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Aug. 31, 1964, Pub. L. 88–531, § 1, 78 Stat. 737.
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5 U.S.C. 3002(f) (1st sentence, less words between 1st and 2d commas).
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July 1, 1960, Pub. L. 86–568, § 115(d) “(f) (1st sentence, less words between 1st and 2d commas)”, 74 Stat. 303.
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The definition of “employee” in section 2105 of this title is broad enough to cover the officers and employees covered by former section 3001 with the exception of a Member of Congress, the President, an individual employed by the government of the District of Columbia, an individual employed by Gallaudet College, a United States commissioner, and an Official Reporter of Debates of the Senate and an individual employed by him. The first five have been added in paragraphs (1)(B), (D), (E), (F), and (G). The latter are covered by the definition of “Congressional employee” in section 2107 of this title and are included by the addition of a Congressional employee in paragraph (1)(C).
In paragraph (1)(ii), the words “the United States” are substituted for “a State of the United States or the District of Columbia”.
Paragraph (1)(iv) is added for clarity.
In paragraph (8), the words “before January 1, 1964” are substituted for “on or before December 31, 1963”.
The definition of “Commission” in former section 3001(h) is omitted as unnecessary as the full title “Civil Service Commission” is set forth the first time it is used in a section.
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
References in Text
Section 1(b) of the Act of August 25, 1958 (72 Stat. 838), referred to in par. (1)(H), is section 1(b) of Pub. L. 85–745 which is set out as a note under section 102 of Title 3, The President.
Section 5 of the Presidential Transition Act of 1963, referred to in par. (1)(I), is section 5 of Pub. L. 88–277, which is set out as a note under section 102 of Title 3, The President.
The date of enactment of section 8903a of this title, referred to in par. (8)(B), means the date of enactment of Pub. L. 99–53, which enacted section 8903a and which was approved June 17, 1985.
Amendments
2016—Par. (1)(I). Pub. L. 114–136 substituted “section 5” for “section 4”.
2007—Par. (1)(J). Pub. L. 110–74 added subpar. (J).
1998—Par. (7). Pub. L. 105–266 substituted “organization and an association of organizations or other entities described in this paragraph sponsoring a health benefits plan;” for “organization;”.
1992—Par. (3)(A)(iv). Pub. L. 102–378, § 2(75)(A), substituted “8347(q)(2)” for “8347(p)(2)”.
Par. (10)(C)(ii). Pub. L. 102–378, § 2(75)(B), inserted comma after “8341(h)”.
1990—Par. (3)(A)(iv). Pub. L. 101–508 added cl. (iv).
1988—Par. (1)(H), (I). Pub. L. 100–679 added subpars. (H) and (I).
1986—Par. (1)(E). Pub. L. 99–335, § 207(l)(1), amended subpar. (E) generally, substituting “first employed” for “employed” and inserting “before October 1, 1987”.
Par. (3)(A). Pub. L. 99–335, § 207(l)(2), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “an employee who retires on an immediate annuity under subchapter III of chapter 83 of this title or another retirement system for employees of the Government, after 5 or more years of service or for disability”.
Par. (3)(B). Pub. L. 99–556 inserted “(including a family member entitled to an amount under section 8442(b)(1)(A), whether or not such family member is entitled to an annuity under section 8442(b)(1)(B))”.
Par. (4). Pub. L. 99–335, § 207(l)(3), inserted “or chapter 84”.
Par. (10)(C)(i). Pub. L. 99–335, § 207(l)(4), inserted “or 8467”, “or 8445”, and “or the Federal Employees’ Retirement System”.
Par. (10)(C)(ii). Pub. L. 99–335, § 207(l)(5), substituted “8345(j), 8445, or 8467” for “or 8345(j)” and inserted “or the Federal Employees’ Retirement System” and “or 8417(b)”.
Par. (11). Pub. L. 99–251 added par. (11).
1985—Par. (8). Pub. L. 99–53 amended par. (8) generally, designating existing provisions as subpar. (A) and adding subpar. (B).
1984—Par. (10). Pub. L. 98–615 added par. (10).
1980—Par. (5). Pub. L. 96–179, § 2(1), inserted “dependent” after “unmarried” in provisions preceding subpar. (A) and in provisions following subpar. (B), inserted “or recognized natural child” after “child” in subpar. (A), and substituted “or foster child but only if the child;” for “, foster child, or recognized natural child who” in subpar. (B).
Par. (9). Pub. L. 96–179, § 2(2)–(4), added par. (9).
1979—Par. (1). Pub. L. 96–70 in cl. (ii) substituted provisions relating to an individual who was an employee for the purpose of this chapter on Sept. 30, 1979, by reason of service in an Executive agency, United States Postal Service, or Smithsonian Institution in area which was then known as Canal Zone for provisions relating to Panama Canal Zone.
Pub. L. 96–54 struck out cl. (G) which related to coverage of a United States Commissioner as an “employee”, and redesignated cl. (H) as (G).
1978—Par. (1)(iv). Pub. L. 95–454 substituted “Office of Personnel Management” for “Civil Service Commission”.
Par. (3)(A). Pub. L. 95–583 reduced period of service to 5 from 12 years.
Par. (8). Pub. L. 95–454 substituted “Office” for “Commission”.
Pub. L. 95–368 substituted “after December 31, 1978, and before January 1, 1980” for “before January 1, 1964”.
1973—Par. (1)(ii). Pub. L. 93–160 excluded from definition of “employee” persons who are not nationals of United States and whose permanent duty station is outside United States and Panama Canal Zone.
1970—Par. (1)(ii). Pub. L. 91–418, § 3(b), excluded from definition of “employee” a noncitizen employee whose permanent duty station is outside Panama Canal Zone.
Par. (3)(B). Pub. L. 91–418, § 2(a), redefined “annuitant” to be a member of a family who receives an immediate annuity as the survivor of an employee rather than as the survivor of an employee who dies after completing 5 or more years of service.
Par. (3)(D)(i). Pub. L. 91–418, § 2(b), redefined “annuitant” to be a member of a family who receives monthly compensation as the surviving beneficiary of an employee who dies as a result of a compensable injury or illness rather than as the survivor of an employee who, having completed 5 or more years of service, so dies.
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment
Amendment by Pub. L. 101–508 applicable with respect to any individual who, on or after Jan. 1, 1987, moves from employment in nonappropriated fund instrumentality of Department of Defense or Coast Guard, that is described in section 2105(c) of this title, to employment in Department or Coast Guard, that is not described in section 2105(c), or who moves from employment in Department or Coast Guard, that is not described in section 2105(c), to employment in nonappropriated fund instrumentality of Department or Coast Guard, that is described in section 2105(c), see section 7202(m)(1) of Pub. L. 101–508, set out as a note under section 2105 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.
Pub. L. 99–251, title I, § 105(c), Feb. 27, 1986, 100 Stat. 15, provided that:
“The amendments made by subsections (a) and (b) [amending this section and
section 8902 of this title] shall be effective with respect to contracts entered into or renewed for calendar years beginning after
December 31, 1986.”
Short Title of 1998 Amendment
Pub. L. 105–266, § 1, Oct. 19, 1998, 112 Stat. 2363, provided that:
“This Act [enacting
section 8903b of this title, amending this section and sections 5948, 8902 to 8903, and 8909 of this title, and enacting provisions set out as notes under this section and sections 5948, 8902, 8902a, 8903b, and 8909 of this title] may be cited as the ‘
Federal Employees Health Care Protection Act of 1998’.”
Short Title of 1988 Amendment
Pub. L. 100–654, § 1, Nov. 14, 1988, 102 Stat. 3837, provided that:
“This Act [enacting sections
8440a,
8902a,
8905a, and
8906a of this title, amending sections
8902,
8903,
8905,
8909, and
8913 of this title, and enacting provisions set out as notes under sections
8902,
8902a, and
8906a of this title] may be cited as the ‘
Federal Employees Health Benefits Amendments Act of 1988’.”
Short Title of 1986 Amendment
Pub. L. 99–251, § 1, Feb. 27, 1986, 100 Stat. 14, provided that:
“This Act [amending this section, sections
1103,
3502,
5334,
5924,
6312,
8332,
8339 to
8342,
8345,
8902,
8903,
8905, and
8909 of this title, and
section 35 of Title 24, Hospitals and Asylums, enacting provisions set out as notes under this section and sections 7901, 8339, 8341, 8345, 8902, 8904, 8905, and 8909 of this title, and amending provisions set out as notes under sections 8341 and 8902 of this title] may be cited as the ‘
Federal Employees Benefits Improvement Act of 1986’.”
Continuation of Health Benefits Coverage for Individuals Enrolled in a Plan Administered by the Overseas Private Investment Corporation
Pub. L. 107–304, § 4, Nov. 27, 2002, 116 Stat. 2364, provided that:
“(a) Enrollment in Chapter 89 Plan.—
For purposes of the administration of
chapter 89 of title 5, United States Code, any period of enrollment under a
health benefits plan administered by the
Overseas Private Investment Corporation [now the United States International Development Finance Corporation] before the effective date of this Act [probably means
Nov. 27, 2002, the date of enactment of
Pub. L. 107–304] shall be deemed to be a period of enrollment in a
health benefits plan under chapter 89 of such title.
“(b) Continued Coverage.—
“(1) In general.—Any individual who, as of the enrollment eligibility date, is covered by a health benefits plan administered by the Overseas Private Investment Corporation may enroll in an approved health benefits plan described under section 8903 or 8903a of title 5, United States Code—
“(A)
either as an individual or for self and family, if such individual is an
employee,
annuitant, or
former spouse as defined under section 8901 of such title; and
“(B)
for coverage effective on and after such date.
“(2) Individuals currently under continued coverage.—An individual who, as of the enrollment eligibility date, is entitled to continued coverage under a health benefits plan administered by the Overseas Private Investment Corporation—
“(A)
shall be deemed to be entitled to continued coverage under
section 8905a of title 5, United States Code, for the same period that would have been permitted under the plan administered by the
Overseas Private Investment Corporation; and
“(B)
may enroll in an approved
health benefits plan described under section 8903 or 8903a of such title in accordance with section 8905a of such title for coverage effective on and after such date.
“(3) Unmarried dependent children.—An individual who, as of the enrollment eligibility date, is covered as an unmarried dependent child under a health benefits plan administered by the Overseas Private Investment Corporation and who is not a member of family as defined under section 8901(5) of title 5, United States Code—
“(A)
shall be deemed to be entitled to continued coverage under section 8905a of such title as though the individual had ceased to meet the requirements for being considered an unmarried dependent child under chapter 89 of such title as of such date; and
“(B)
may enroll in an approved
health benefits plan described under section 8903 or 8903a of such title in accordance with section 8905a for continued coverage effective on and after such date.
“(c) Transfers to the Employees Health Benefits Fund.—
“(1) In general.—
The
Overseas Private Investment Corporation [now the United States International Development Finance Corporation] shall transfer to the
Employees Health Benefits Fund established under
section 8909 of title 5, United States Code, amounts determined by the Director of the
Office of Personnel Management, after consultation with the
Overseas Private Investment Corporation, to be necessary to reimburse the Fund for the cost of providing benefits under this section not otherwise paid for by the individuals covered by this section.
“(2) Availability of funds.—
The amounts transferred under paragraph (1) shall be held in the Fund and used by the Office in addition to amounts available under
section 8906(g)(1) of title 5, United States Code.
“(d) Administration and Regulations.—The Office of Personnel Management—
“(1) shall administer this section to provide for—
“(A)
a period of notice and open enrollment for individuals affected by this section; and
“(B)
no lapse of health coverage for individuals who enroll in a
health benefits plan under
chapter 89 of title 5, United States Code, in accordance with this section; and
“(2)
may prescribe regulations to implement this section.
“(e) Enrollment Eligibility Date.—
For purposes of this section, the term ‘enrollment eligibility date’ means the last day on which coverage under a
health benefits plan administered by the
Overseas Private Investment Corporation is available. Such date shall be determined by the
Office of Personnel Management in consultation with the
Overseas Private Investment Corporation.”
Continued Coverage for Individuals Enrolled in Plan Administered by Federal Deposit Insurance Corporation or for Employees of Board of Governors of Federal Reserve System
Pub. L. 105–266, § 4, Oct. 19, 1998, 112 Stat. 2367, provided that:
“(a) Enrollment in Chapter 89 Plan.—For purposes of chapter 89 of title 5, United States Code, any period of enrollment—
“(1)
in a
health benefits plan administered by the
Federal Deposit Insurance Corporation before the termination of such plan on or before
January 2, 1999; or
“(2)
subject to subsection (c), in a
health benefits plan (not under chapter 89 of such title) with respect to which the eligibility of any
employees or retired
employees of the Board of Governors of the
Federal Reserve System terminates on or before
January 2, 1999,
shall be deemed to be a period of enrollment in a
health benefits plan under chapter 89 of such title.
“(b) Continued Coverage.—
(1) Subject to subsection (c), any individual who, on or before January 2, 1999, is enrolled in a health benefits plan described in subsection (a)(1) or (2) may enroll in an approved health benefits plan under chapter 89 of title 5, United States Code, either as an individual or for self and family, if, after taking into account the provisions of subsection (a), such individual—
“(A)
meets the requirements of such chapter for eligibility to become so enrolled as an
employee,
annuitant, or
former spouse (within the meaning of such chapter); or
“(B)
would meet those requirements if, to the extent such requirements involve either retirement system under such title 5, such individual satisfies similar requirements or provisions of the Retirement Plan for
Employees of the
Federal Reserve System.
Any determination under subparagraph (B) shall be made under guidelines which the Office of Personnel Management shall establish in consultation with the Board of Governors of the Federal Reserve System.
“(2) Subject to subsection (c), any individual who, on or before January 2, 1999, is entitled to continued coverage under a health benefits plan described in subsection (a)(1) or (2) shall be deemed to be entitled to continued coverage under section 8905a of title 5, United States Code, but only for the same remaining period as would have been allowable under the health benefits plan in which such individual was enrolled on or before January 2, 1999, if—
“(A)
such individual had remained enrolled in such plan; and
“(B)
such plan did not terminate, or the eligibility of such individual with respect to such plan did not terminate, as described in subsection (a).
“(3)
Subject to subsection (c), any individual (other than an individual under paragraph (2)) who, on or before
January 2, 1999, is covered under a
health benefits plan described in subsection (a)(1) or (2) as an unmarried dependent child, but who does not then qualify for coverage under
chapter 89 of title 5, United States Code, as a family member (within the meaning of such chapter) shall be deemed to be entitled to continued coverage under section 8905a of such title, to the same extent and in the same manner as if such individual had, on or before
January 2, 1999, ceased to meet the requirements for being considered an unmarried dependent child of an
enrollee under such chapter.
“(4)
Coverage under
chapter 89 of title 5, United States Code, pursuant to an enrollment under this section shall become effective on
January 3, 1999 or such earlier date as established by the
Office of Personnel Management after consultation with the
Federal Deposit Insurance Corporation or the Board of Governors of the
Federal Reserve System, as appropriate.
“(c) Eligibility for FEHBP Limited to Individuals Losing Eligibility Under Former Health Plan.—
Nothing in subsection (a)(2) or any paragraph of subsection (b) (to the extent such paragraph relates to the plan described in subsection (a)(2)) shall be considered to apply with respect to any individual whose eligibility for coverage under such plan does not involuntarily terminate on or before January 2, 1999.
“(d) Transfers to the Employees Health Benefits Fund.—
The
Federal Deposit Insurance Corporation and the Board of Governors of the
Federal Reserve System shall transfer to the
Employees Health Benefits Fund under
section 8909 of title 5, United States Code, amounts determined by the Director of the
Office of Personnel Management, after consultation with the
Federal Deposit Insurance Corporation and the Board of Governors of the
Federal Reserve System, to be necessary to reimburse the Fund for the cost of providing benefits under this section not otherwise paid for by the individuals covered by this section. The amounts so transferred shall be held in the Fund and used by the
Office of Personnel Management in addition to amounts available under section 8906(g)(1) of such title.
“(e) Administration and Regulations.—The Office of Personnel Management—
“(1) shall administer the provisions of this section to provide for—
“(A)
a period of notice and open enrollment for individuals affected by this section; and
“(B)
no lapse of health coverage for individuals who enroll in a
health benefits plan under
chapter 89 of title 5, United States Code, in accordance with this section; and
“(2)
may prescribe regulations to implement this section.”
Continued Coverage for Individuals Enrolled in Plan Administered by Farm Credit Administration
Pub. L. 104–37, title VI, § 601, Oct. 21, 1995, 109 Stat. 328, provided that:
“(a)
For purposes of the administration of
chapter 89 of title 5, United States Code, any period of enrollment under a
health benefits plan administered by the
Farm Credit Administration prior to the effective date of this Act [
Oct. 21, 1995] shall be deemed to be a period of enrollment in a
health benefits plan under chapter 89 of such title.
“(b)
(1) An individual who, on September 30, 1995, is covered by a health benefits plan administered by the Farm Credit Administration may enroll in an approved health benefits plan described under section 8903 or 8903a of title 5, United States Code—
“(A)
either as an individual or for self and family, if such individual is an
employee,
annuitant, or
former spouse as defined under section 8901 of such title; and
“(B)
for coverage effective on and after September 30, 1995.
“(2) An individual who, on September 30, 1995, is entitled to continued coverage under a health benefits plan administered by the Farm Credit Administration—
“(A)
shall be deemed to be entitled to continued coverage under
section 8905a of title 5, United States Code, for the same period that would have been permitted under the plan administered by the
Farm Credit Administration; and
“(B)
may enroll in an approved
health benefits plan described under sections 8903 or 8903a of such title in accordance with section 8905A of such title for coverage effective on and after
September 30, 1995.
“(3) An individual who, on September 30, 1995, is covered as an unmarried dependent child under a health benefits plan administered by the Farm Credit Administration and who is not a member of family as defined under section 8901(5) of title 5, United States Code—
“(A)
shall be deemed to be entitled to continued coverage under section 8905a of such title as though the individual had, on September 30, 1995, ceased to meet the requirements for being considered an unmarried dependent child under chapter 89 of such title; and
“(B)
may enroll in an approved
health benefits plan described under section 8903 or 8903a of such title in accordance with section 8905a for continued coverage on and after
September 30, 1995.
“(c)
The
Farm Credit Administration shall transfer to the Federal
Employees Health Benefits Fund established under
section 8909 of title 5, United States Code, amounts determined by the Director of the
Office of Personnel Management, after consultation with the
Farm Credit Administration, to be necessary to reimburse the Fund for the cost of providing benefits under this section not otherwise paid for by the individuals covered by this section. The amount so transferred shall be held in the Fund and used by the Office in addition to the amounts available under section 8906(g)(1) of such title.
“(d) The Office of Personnel Management—
“(1) shall administer the provisions of this section to provide for—
“(A)
a period of notice and open enrollment for individuals affected by this section; and
“(B)
no lapse of health coverage for individuals who enroll in a
health benefits plan under
chapter 89 of title 5, United States Code, in accordance with this section; and
“(2)
may prescribe regulations to implement this section.”
Continued Coverage for Individuals Enrolled in Plan Administered by Office of the Comptroller of the Currency or Office of Thrift Supervision
Pub. L. 103–409, § 5, Oct. 25, 1994, 108 Stat. 4232, provided that:
“(a) Enrollment in Chapter 89 Plan.—
For purposes of the administration of
chapter 89 of title 5, United States Code, any period of enrollment under a
health benefits plan administered by the
Office of the Comptroller of the Currency or the Office of Thrift Supervision before the termination of such plans on
January 7, 1995, shall be deemed to be a period of enrollment in a
health benefits plan under chapter 89 of such title.
“(b) Continued Coverage.—
(1) Any individual who, on January 7, 1995, is covered by a health benefits plan administered by the Office of the Comptroller of the Currency or the Office of Thrift Supervision may enroll in an approved health benefits plan described under section 8903 or 8903a of title 5, United States Code—
“(A)
either as an individual or for self and family, if such individual is an
employee,
annuitant, or
former spouse as defined under section 8901 of such title; and
“(B)
for coverage effective on and after January 8, 1995.
“(2) An individual who, on January 7, 1995, is entitled to continued coverage under a health benefits plan administered by the Office of the Comptroller of the Currency or the Office of Thrift Supervision—
“(A)
shall be deemed to be entitled to continued coverage under
section 8905a of title 5, United States Code, for the same period that would have been permitted under the plan administered by the
Office of the Comptroller of the Currency or the Office of Thrift Supervision; and
“(B)
may enroll in an approved
health benefits plan described under section 8903 or 8903a of such title in accordance with section 8905a of such title for coverage effective on and after
January 8, 1995.
“(3) An individual who, on January 7, 1995, is covered as an unmarried dependent child under a health benefits plan administered by the Office of the Comptroller of the Currency or the Office of Thrift Supervision and who is not a member of family as defined under section 8901(5) of title 5, United States Code—
“(A)
shall be deemed to be entitled to continued coverage under section 8905a of such title as though the individual had, on January 7, 1995, ceased to meet the requirements for being considered an unmarried dependent child under chapter 89 of such title; and
“(B)
may enroll in an approved
health benefits plan described under section 8903 or 8903a of such title in accordance with section 8905a for continued coverage effective on and after
January 8, 1995.
“(c) Transfers to the Employees Health Benefits Fund.—
The
Office of the Comptroller of the Currency and the Office of Thrift Supervision shall transfer to the
Employees Health Benefits Fund established under
section 8909 of title 5, United States Code, amounts determined by the Director of the
Office of Personnel Management, after consultation with the
Office of the Comptroller of the Currency and the Office of Thrift Supervision, to be necessary to reimburse the Fund for the cost of providing benefits under this section not otherwise paid for by the individuals covered by this section. The amounts so transferred shall be held in the Fund and used by the Office in addition to amounts available under section 8906(g)(1) of such title.
“(d) Administration and Regulations.—The Office of Personnel Management—
“(1) shall administer the provisions of this section to provide for—
“(A)
a period of notice and open enrollment for individuals affected by this section; and
“(B)
no lapse of health coverage for individuals who enroll in a
health benefits plan under
chapter 89 of title 5, United States Code, in accordance with this section; and
“(2)
may prescribe regulations to implement this section.”
Continued Coverage Under Certain Federal Employee Benefit Programs for Certain Employees of Saint Elizabeths Hospital
For provisions relating to treatment of certain Federal employees of Saint Elizabeths Hospital under certain Federal employee benefit programs, see section 207(o) of Pub. L. 99–335, set out as a note under section 8331 of this title.
