Legal corpus: U.S. Code titles 1–11 from pinned OLRC XML (11,050 sections)
Raw OLRC USLM XML zips @ release 119-100 (retrieved 2026-07-04 via Atlas depot), ingested with the standard pipeline: raw snapshot -> per-section OKF markdown -> manifest + checksums. Title 52 untouched. LegalText: 171 -> 11,221. Titles 12-54 await a clean OLRC retry. Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
This commit is contained in:
Fabio
File diff suppressed because one or more lines are too long
File diff suppressed because one or more lines are too long
File diff suppressed because one or more lines are too long
@@ -0,0 +1,63 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 8903"
|
||||
description: "Health benefits plans"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "89"
|
||||
chapter_name: "HEALTH INSURANCE"
|
||||
section: "8903"
|
||||
citation: "5 U.S.C. § 8903"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s8903"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "389bb8bce2348546ab0f49aba0ed18d50e9a9a93a775a64fbeb57eb958150ea2"
|
||||
raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
|
||||
text_hash: "ca8b21f6ed74ab07d3a1debf0917840956eaf909ce0de1b098f561ea2e13e9f3"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 8903 - Health benefits plans
|
||||
|
||||
## Text
|
||||
|
||||
The Office of Personnel Management may contract for or approve the following health benefits plans:
|
||||
|
||||
(1) Service Benefit Plan.— One Government-wide plan, which may be underwritten by participating affiliates licensed in any number of States, offering at least 2 levels of benefits for enrollees under this chapter generally and at least 2 levels of benefits for enrollees under the Postal Service Health Benefits Program established under section 8903c, under which payment is made by a carrier under contracts with physicians, hospitals, or other providers of health services for benefits of the types described by section 8904(1) of this title given to employees, annuitants, members of their families, former spouses, or persons having continued coverage under section 8905a of this title, or, under certain conditions, payment is made by a carrier to the employee, annuitant, family member, former spouse, or person having continued coverage under section 8905a of this title.
|
||||
|
||||
(2) Indemnity Benefit Plan.— One Government-wide plan, offering two levels of benefits, under which a carrier agrees to pay certain sums of money, not in excess of the actual expenses incurred, for benefits of the types described by section 8904(2) of this title.
|
||||
|
||||
(3) Employee Organization Plans.— Employee organization plans which offer benefits of the types referred to by section 8904(3) of this title, which are sponsored or underwritten, and are administered, in whole or substantial part, by employee organizations described in section 8901(8)(A) of this title, which are available only to individuals, and members of their families, who at the time of enrollment are members of the organization.
|
||||
|
||||
(4) Comprehensive Medical Plans.— (A) Group-practice prepayment plans.— Group-practice prepayment plans which offer health benefits of the types referred to by section 8904(4) of this title, in whole or in substantial part on a prepaid basis, with professional services thereunder provided by physicians practicing as a group in a common center or centers. The group shall include at least 3 physicians who receive all or a substantial part of their professional income from the prepaid funds and who represent 1 or more medical specialties appropriate and necessary for the population proposed to be served by the plan.
|
||||
|
||||
(B) Individual-practice prepayment plans.— Individual-practice prepayment plans which offer health services in whole or substantial part on a prepaid basis, with professional services thereunder provided by individual physicians who agree, under certain conditions approved by the Office, to accept the payments provided by the plans as full payment for covered services given by them including, in addition to in-hospital services, general care given in their offices and the patients’ homes, out-of-hospital diagnostic procedures, and preventive care, and which plans are offered by organizations which have successfully operated similar plans before approval by the Office of the plan in which employees may enroll.
|
||||
|
||||
(C) Mixed model prepayment plans.— Mixed model prepayment plans which are a combination of the type of plans described in subparagraph (A) and the type of plans described in subparagraph (B).
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 602; Pub. L. 95–454, title IX, § 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 98–615, § 3(3), Nov. 8, 1984, 98 Stat. 3203; Pub. L. 99–53, § 2(b), June 17, 1985, 99 Stat. 94; Pub. L. 99–251, title I, §§ 102, 111, Feb. 27, 1986, 100 Stat. 14, 19; Pub. L. 100–654, title II, § 202(b), Nov. 14, 1988, 102 Stat. 3845; Pub. L. 105–266, § 3(b), Oct. 19, 1998, 112 Stat. 2366; Pub. L. 117–108, title I, § 101(a)(2)(A), Apr. 6, 2022, 136 Stat. 1135.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 3003.Sept. 28, 1959, Pub. L. 86–382, § 4, 73 Stat. 711. July 8, 1963, Pub. L. 88–59, § 1(b), 77 Stat. 77. 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
|
||||
|
||||
Amendments2022—Par. (1). Pub. L. 117–108 substituted “at least 2 levels of benefits for enrollees under this chapter generally and at least 2 levels of benefits for enrollees under the Postal Service Health Benefits Program established under section 8903c” for “two levels of benefits”. 1998—Par. (1). Pub. L. 105–266 substituted “plan, which may be underwritten by participating affiliates licensed in any number of States,” for “plan,”. 1988—Par. (1). Pub. L. 100–654 substituted “former spouses, or persons having continued coverage under section 8905a of this title,” for “or former spouses,” and “former spouse, or person having continued coverage under section 8905a of this title.” for “or former spouse.” 1986—Par. (4)(A). Pub. L. 99–251, § 102, amended second sentence generally, substituting “at least 3 physicians” for “physicians representing at least three major medical specialties” and inserted “and who represent 1 or more medical specialties appropriate and necessary for the population proposed to be served by the plan”. Par. (4)(C). Pub. L. 99–251, § 111, added subpar. (C). 1985—Par. (3). Pub. L. 99–53 inserted “described in section 8901(8)(A) of this title” after “employee organizations”. 1984—Par. (1). Pub. L. 98–615, § 3(3), substituted “employees, annuitants, members of their families, or former spouses” for “employees or annuitants, or members of their families” and “employee, annuitant, family member, or former spouse” for “employee or annuitant or member of his family”. 1978—Pub. 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 1988 AmendmentAmendment 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 AmendmentAmendment 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 AmendmentAmendment 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.
|
||||
@@ -0,0 +1,53 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 8903a"
|
||||
description: "Additional health benefits plans"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "89"
|
||||
chapter_name: "HEALTH INSURANCE"
|
||||
section: "8903a"
|
||||
citation: "5 U.S.C. § 8903a"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s8903a"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "56c4d37ec07f0821985886deb392dbe6f51ccc094373a6337819d249ca9a18a1"
|
||||
raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
|
||||
text_hash: "e4607c0c65cdf248b2a5ad47d3f6d4abbe6fd6eb59edf33bd274e80c770dfb63"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 8903a - Additional health benefits plans
|
||||
|
||||
## Text
|
||||
|
||||
(a) In addition to any plan under section 8903 of this title, the Office of Personnel Management may contract for or approve one or more health benefits plans under this section.
|
||||
|
||||
(b) A plan under this section may not be contracted for or approved unless it—
|
||||
|
||||
(1) is sponsored or underwritten, and administered, in whole or substantial part, by an employee organization described in section 8901(8)(B) of this title;
|
||||
|
||||
(2) offers benefits of the types named by paragraph (1) or (2) of section 8904 of this title or both;
|
||||
|
||||
(3) provides for benefits only by paying for, or providing reimbursement for, the cost of such benefits (as provided for under paragraph (1) or (2) of section 8903 of this title) or a combination thereof; and
|
||||
|
||||
(4) is available only to individuals who, at the time of enrollment, are full members of the organization and to members of their families.
|
||||
|
||||
(c) A contract for a plan approved under this section shall require the carrier—
|
||||
|
||||
(1) to enter into an agreement approved by the Office with an underwriting subcontractor licensed to issue group health insurance in all the States and the District of Columbia; or
|
||||
|
||||
(2) to demonstrate ability to meet reasonable minimum financial standards prescribed by the Office.
|
||||
|
||||
(d) For the purpose of this section, an individual shall be considered a full member of an organization if such individual is eligible to exercise all rights and privileges incident to full membership in such organization (determined without regard to the right to hold elected office).
|
||||
|
||||
(Added Pub. L. 99–53, § 1(b)(1), June 17, 1985, 99 Stat. 93.)
|
||||
@@ -0,0 +1,47 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 8903b"
|
||||
description: "Authority to readmit an employee organization plan"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "89"
|
||||
chapter_name: "HEALTH INSURANCE"
|
||||
section: "8903b"
|
||||
citation: "5 U.S.C. § 8903b"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s8903b"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "9cc38b31baa96a3262a74103fa3cbffbff8e26c76ac8e1da8ceec6354c722ca5"
|
||||
raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
|
||||
text_hash: "b450c307fb2c9283fc58653db0fe811e944692dbc48c19c5d2c2c14b433e1576"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 8903b - Authority to readmit an employee organization plan
|
||||
|
||||
## Text
|
||||
|
||||
(a) In the event that a plan described by section 8903(3) or 8903a is discontinued under this chapter (other than in the circumstance described in section 8909(d)), that discontinuation shall be disregarded, for purposes of any determination as to that plan’s eligibility to be considered an approved plan under this chapter, but only for purposes of any contract year later than the third contract year beginning after such plan is so discontinued.
|
||||
|
||||
(b) A contract for a plan approved under this section shall require the carrier—
|
||||
|
||||
(1) to demonstrate experience in service delivery within a managed care system (including provider networks) throughout the United States; and
|
||||
|
||||
(2) if the carrier involved would not otherwise be subject to the requirement set forth in section 8903a(c)(1), to satisfy such requirement.
|
||||
|
||||
(Added Pub. L. 105–266, § 6(a)(1), Oct. 19, 1998, 112 Stat. 2368.)
|
||||
|
||||
## Notes
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DatePub. L. 105–266, § 6(a)(3), Oct. 19, 1998, 112 Stat. 2369, provided that: “(A) In general.—The amendments made by this subsection [enacting this section] shall apply as of the date of the enactment of this Act [Oct. 19, 1998], including with respect to any plan which has been discontinued as of such date. “(B) Transition rule.—For purposes of applying section 8903b(a) of title 5, United States Code (as amended by this subsection) with respect to any plan seeking to be readmitted for purposes of any contract year beginning before January 1, 2000, such section shall be applied by substituting ‘second contract year’ for ‘third contract year’.”
|
||||
@@ -0,0 +1,263 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 8903c"
|
||||
description: "Postal Service Health Benefits Program"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "89"
|
||||
chapter_name: "HEALTH INSURANCE"
|
||||
section: "8903c"
|
||||
citation: "5 U.S.C. § 8903c"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s8903c"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "09acd1ea62fccc8703f3b0febc79711fbb51414447c7dfe3989897a1804263e3"
|
||||
raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
|
||||
text_hash: "2599a04d44dd86beaf41881ba23db7f58d779ea56eb148a993fff9d30680aaef"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 8903c - Postal Service Health Benefits Program
|
||||
|
||||
## Text
|
||||
|
||||
(a) Definitions.— In this section—
|
||||
|
||||
(1) the term “covered Medicare individual” means an individual who is entitled to benefits under Medicare part A, but excluding an individual who is eligible to enroll under such part under section 1818 or 1818A of the Social Security Act (42 U.S.C. 1395i–2, 1395i–2a);
|
||||
|
||||
(2) the term “initial contract year” means the contract year beginning in January of 2025;
|
||||
|
||||
(3) the term “initial participating carrier” means a carrier that enters into a contract with the Office to participate in the Program during the initial contract year;
|
||||
|
||||
(4) the term “Medicare part A” means part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.);
|
||||
|
||||
(5) the term “Medicare part B” means part B of title XVIII of the Social Security Act (42 U.S.C. 1395j et seq.);
|
||||
|
||||
(6) the term “Office” means the Office of Personnel Management;
|
||||
|
||||
(7) the term “Postal Service” means the United States Postal Service;
|
||||
|
||||
(8) the term “Postal Service annuitant” means an annuitant enrolled in a health benefits plan under this chapter whose Government contribution is required to be paid under section 8906(g)(2);
|
||||
|
||||
(9) the term “Postal Service employee” means an employee of the Postal Service enrolled in a health benefits plan under this chapter whose Government contribution is paid by the Postal Service;
|
||||
|
||||
(10) the term “Postal Service Medicare covered annuitant” means an individual who—
|
||||
|
||||
(A) is a Postal Service annuitant; and
|
||||
|
||||
(B) is a covered Medicare individual;
|
||||
|
||||
(11) the term “Program” means the Postal Service Health Benefits Program established under subsection (c) within the Federal Employees Health Benefits Program;
|
||||
|
||||
(12) the term “Program plan” means a health benefits plan offered under the Program; and
|
||||
|
||||
(13) the definitions set forth in section 8901 shall apply, and for the purposes of applying such definitions in carrying out this section, a Postal Service employee and Postal Service annuitant shall be treated in the same manner as an employee and an annuitant (as those terms are defined in paragraphs (1) and (3), respectively, of section 8901), consistent with the requirements of this section.
|
||||
|
||||
(b) Application.— The requirements under this section shall—
|
||||
|
||||
(1) apply to the initial contract year and each contract year thereafter; and
|
||||
|
||||
(2) supersede any other provision of this chapter inconsistent with such requirements, as determined by the Office.
|
||||
|
||||
(c) Establishment of the Postal Service Health Benefits Program.— (1) In general.— (A) Establishment.— The Office shall establish the Postal Service Health Benefits Program within the Federal Employees Health Benefits Program under this chapter, under which the Office may contract with carriers to offer health benefits plans as described under this section.
|
||||
|
||||
(B) Applicability of chapter requirements to contracts.— Except as otherwise provided in this section, any contract described in subparagraph (A) shall be consistent with the requirements of this chapter for contracts under section 8902 with carriers to offer health benefits plans other than under this section.
|
||||
|
||||
(C) Program plans and participation.— The Program shall—
|
||||
|
||||
(i) to the greatest extent practicable—
|
||||
|
||||
(I) with respect to each plan provided by a carrier under this subchapter in which the total enrollment includes, in the contract year beginning in January 2023, 1,500 or more enrollees who are Postal Service employees or Postal Service annuitants, include a plan offered by that carrier with equivalent benefits and cost-sharing requirements as provided under paragraph (2), except that the Director of the Office may exempt any comprehensive medical plan from this requirement; and
|
||||
|
||||
(II) include plans offered by any other carrier determined appropriate by the Office;
|
||||
|
||||
(ii) provide for enrollment in Program plans of Postal Service employees and Postal Service annuitants, in accordance with subsection (d);
|
||||
|
||||
(iii) provide for enrollment in a Program plan as an individual, for self plus one, or for self and family; and
|
||||
|
||||
(iv) not provide for enrollment in a Program plan of an individual who is not a Postal Service employee or Postal Service annuitant (except as a member of family of such an employee or annuitant or as provided under paragraph (4)).
|
||||
|
||||
(2) Coverage with equivalent benefits and cost-sharing.— In the initial contract year, the Office shall ensure that each carrier participating in the Program provides under the Program plans offered by the carrier benefits and cost-sharing requirements that are equivalent to the benefits and cost-sharing requirements under the health benefits plans offered by the carrier under this chapter that are not Program plans, except that prescription drug benefits and cost-sharing requirements may differ between the Program plans and other health benefits plans offered by the carrier under this chapter to the extent needed to integrate the Medicare part D prescription drug benefits coverage required under subsection (h)(2).
|
||||
|
||||
(3) Applicability of federal employees health benefits program requirements.— Except as otherwise set forth in this section, the provisions of this chapter applicable to health benefits plans offered by carriers under section 8903 or 8903a shall apply to plans offered under the Program.
|
||||
|
||||
(4) Application of continuation coverage.— In accordance with rules established by the Office, section 8905a shall apply to health benefits plans offered under this section in the same manner as such section applies to other health benefits plans offered under this chapter.
|
||||
|
||||
(d) Election of Coverage.— Each Postal Service employee and Postal Service annuitant who elects to receive health benefits coverage under this chapter—
|
||||
|
||||
(1) shall be subject to the requirements of this section; and
|
||||
|
||||
(2) may not enroll in any other health benefits plan offered under any other section of this chapter.
|
||||
|
||||
(e) Requirement of Medicare Enrollment for Certain Annuitants and Their Family Members.— (1) Medicare covered annuitants.— Except as provided under paragraph (3), a Postal Service Medicare covered annuitant may not enroll in a Program plan unless the annuitant is entitled to benefits under Medicare part A and enrolled in Medicare part B.
|
||||
|
||||
(2) Medicare covered family members.— Except as provided under paragraph (3), in the case of a Postal Service annuitant who is entitled to benefits under Medicare part A and required under this subsection to enroll in Medicare part B to enroll under the Program, if a member of family of such Postal Service annuitant is a covered Medicare individual, that member of family may not enroll under the Program as a member of family of the Postal Service annuitant unless that member of family is entitled to benefits under Medicare part A and enrolled in Medicare part B.
|
||||
|
||||
(3) Exceptions.— (A) In general.— The requirements under paragraphs (1) and (2), as applicable, shall not apply with respect to an individual in the following cases:
|
||||
|
||||
(i) Current postal service annuitants.— The individual, as of January 1, 2025, is a Postal Service annuitant who is not both entitled to benefits under Medicare part A and enrolled in Medicare part B.
|
||||
|
||||
(ii) Current employees aged 64 and over.— The individual, as of January 1, 2025, is a Postal Service employee and is at least 64 years of age.
|
||||
|
||||
(iii) Postal service medicare covered annuitants and family members residing abroad.— For any contract year with respect to which the individual is a Postal Service Medicare covered annuitant or a member of family of a Postal Service Medicare covered annuitant and resides outside the United States (which includes the States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands), provided that the individual demonstrates such residency to the Postal Service in accordance with regulations issued by the Postal Service.
|
||||
|
||||
(iv) Postal service medicare covered annuitants and family members enrolled under va coverage.— The individual—
|
||||
|
||||
(I) is a Postal Service Medicare covered annuitant or a member of family of a Postal Service Medicare covered annuitant; and
|
||||
|
||||
(II) is enrolled in health care benefits provided by the Department of Veterans Affairs under subchapter II of chapter 17 of title 38, United States Code.
|
||||
|
||||
(v) Postal service medicare covered annuitants and family members eligible for ihs health services.— The individual—
|
||||
|
||||
(I) is a Postal Service Medicare covered annuitant or a member of family of a Postal Service Medicare covered annuitant; and
|
||||
|
||||
(II) is eligible for health services from the Indian Health Service.
|
||||
|
||||
(B) Regulations for va and ihs exceptions.— Not later than 1 year after the date of enactment of this section, the Office shall, in consultation with the Secretary of Veterans Affairs, the Secretary of Health and Human Services, and the Postmaster General, promulgate any regulations necessary to implement clauses (iv) and (v) of subparagraph (A).
|
||||
|
||||
(C) List of individuals residing abroad.— The Postal Service shall provide a list of individuals who satisfy the exception under subparagraph (A)(iii) to the Office.
|
||||
|
||||
(4) Process for information collection and dissemination.— The Postal Service and the Office, in consultation with the Social Security Administration and the Centers for Medicare & Medicaid Services, shall establish a process that will enable the Postal Service to timely inform Postal Service employees, Postal Service annuitants, and members of family of such employees and annuitants of the requirements described in paragraphs (1) and (2) in order to be eligible to enroll in Program plans under this section.
|
||||
|
||||
(f) Transitional Open Season.— (1) Definitions.— In this subsection—
|
||||
|
||||
(A) the term “current option”, with respect to an individual, means the option under a plan under this chapter in which the individual is enrolled during the contract year preceding the initial contract year; and
|
||||
|
||||
(B) the term “current plan”, with respect to an individual, means the plan under this chapter in which the individual is enrolled during the contract year preceding the initial contract year.
|
||||
|
||||
(2) Automatic enrollment.— (A) In general.— Subject to subparagraphs (B) and (C), in the case of an individual who is a Postal Service employee or Postal Service annuitant eligible to enroll in a Program plan under subsection (d), who is enrolled in a current plan, and who does not enroll in a Program plan during the open season that immediately precedes the initial contract year, the Office shall automatically enroll the individual, as of the start of the initial contract year, in a Program plan offered by the carrier of the individual’s current plan.
|
||||
|
||||
(B) Carriers offering multiple program plans or options.— If the carrier of the current plan of an individual described in subparagraph (A) offers more than 1 Program plan or option, the Office, in carrying out subparagraph (A), shall automatically enroll the individual in the plan and option that provide coverage with equivalent benefits and cost sharing, as described in subsection (c)(2), to the individual’s current plan and current option.
|
||||
|
||||
(C) Carriers not offering program plans.— If the carrier of the current plan of an individual described in subparagraph (A) does not offer a Program plan, the Office, in carrying out subparagraph (A), shall automatically enroll the individual in the lowest-cost nationwide plan option within the Program that is not a high deductible health plan and does not charge an association or membership fee.
|
||||
|
||||
(g) OPM Regulations.— (1) In general.— Not later than 1 year after the date of enactment of this section, the Director of the Office shall issue regulations to carry out this section.
|
||||
|
||||
(2) Consultation.— In issuing regulations under paragraph (1), the Director of the Office shall consult, as necessary, with the Secretary of Health and Human Services, the Secretary of Veterans Affairs, the Commissioner of Social Security, and the Postmaster General.
|
||||
|
||||
(3) Contents.— The regulations issued under paragraph (1) shall include—
|
||||
|
||||
(A) any provisions necessary to implement this section;
|
||||
|
||||
(B) a process under which Postal Service annuitants and affected family members are timely informed of the enrollment requirements and may request, in writing, any additional enrollment information;
|
||||
|
||||
(C) provisions under which a Postal Service employee or Postal Service annuitant enrolled under the Program may request a belated change of plan and may be prospectively enrolled in the plan of the employee’s or annuitant’s choice; and
|
||||
|
||||
(D) provisions for individuals to cancel coverage under the Program in writing to the Postal Service because the individuals choose not to enroll in, or to disenroll from, Medicare part B.
|
||||
|
||||
(h) Medicare Coordination.— (1) In general.— The Office shall require each Program plan to provide benefits for covered Medicare individuals pursuant to a coordination of benefits method approved by the Office.
|
||||
|
||||
(2) Medicare part d prescription drug benefits.— The Office shall require each Program plan to provide prescription drug benefits to any Postal Service annuitant and member of family of such annuitant who is a part D eligible individual (as defined in section 1860D–1(a)(3)(A) of the Social Security Act) through employment-based retiree health coverage (as defined in section 1860D–22(c)(1) of such Act) through—
|
||||
|
||||
(A) a prescription drug plan (as defined in section 1860D–41(a)(14) of such Act); or
|
||||
|
||||
(B) contracts between such a Program plan and PDP sponsor, as defined in section 1860D–41(a)(13) of such Act, of such a prescription drug plan.
|
||||
|
||||
(i) Postal Service Contribution.— (1) In general.— Subject to subsection (k), for purposes of applying section 8906(b) to the Postal Service, the weighted average shall be calculated in accordance with paragraphs (2) and (3).
|
||||
|
||||
(2) Weighted average calculation.— Not later than October 1 of each year (beginning with 2024), the Office shall determine the weighted average of the rates established pursuant to subsection (c)(2) for Program plans that will be in effect during the following contract year with respect to—
|
||||
|
||||
(A) enrollments for self only;
|
||||
|
||||
(B) enrollments for self plus one; and
|
||||
|
||||
(C) enrollments for self and family.
|
||||
|
||||
(3) Weighting in computing rates for initial contract year.— In determining such weighted average of the rates for the initial contract year, the Office shall take into account (for purposes of section 8906(a)(2)) the enrollment of Postal Service employees and annuitants in the health benefits plans offered by the initial participating carriers as of March 31, 2023.
|
||||
|
||||
(4) Payment of late enrollment penalties.— The Postal Service may direct the Office to pay the amounts required by an agreement between the United States Postal Service and the Secretary of the Department of Health and Human Services under section 1839(e)(1) of the Social Security Act (42 U.S.C. 1395r(e)(1)) from the Postal Service Retiree Health Benefits Fund established under section 8909a until depleted and thereafter shall pay such amounts from the Postal Service Fund established under section 2003 of title 39.
|
||||
|
||||
(j) Reserves.— (1) Separate reserves.— (A) In general.— The Office shall ensure that each Program plan maintains separate reserves (including a separate contingency reserve) with respect to the enrollees in the Program plan in accordance with section 8909.
|
||||
|
||||
(B) Applicability of section 8909 to contingency reserves.— All provisions of section 8909 relating to contingency reserves shall apply to contingency reserves of Program plans in the same manner as to the contingency reserves of other plans under this chapter, except to the extent that such provisions are inconsistent with the requirements of this subsection.
|
||||
|
||||
(C) References.— For purposes of the Program, each reference to “the Government” in section 8909 shall be deemed to be a reference to the Postal Service.
|
||||
|
||||
(D) Amounts to be credited.— The reserves (including the separate contingency reserve) maintained for each Program plan shall be credited with a proportionate amount of the funds in the reserves for health benefits plans offered by the carrier.
|
||||
|
||||
(2) Discontinuation of program plan.— In applying section 8909(e) relating to a Program plan that is discontinued, the Office shall credit the separate Postal Service contingency reserve maintained under paragraph (1) for that plan only to the separate Postal Service contingency reserves of the Program plans continuing under this chapter.
|
||||
|
||||
(k) No Effect on Existing Law.— Nothing in this section shall be construed as affecting section 1005(f) of title 39 regarding variations, additions, or substitutions to the provisions of this chapter.
|
||||
|
||||
(l) Health Benefits Education Program.— (1) Definition.— In this subsection, the term “navigator” means an employee of the Postal Service or of a contractor of the Postal Service who is designated by the Postal Service or contractor to carry out activities under paragraph (5).
|
||||
|
||||
(2) Establishment.— Not later than 18 months after the date of enactment of this section, the Postal Service shall establish a Health Benefits Education Program.
|
||||
|
||||
(3) Requirements.— In carrying out the Health Benefits Education Program established under paragraph (2), the Postal Service shall—
|
||||
|
||||
(A) notify Postal Service annuitants and Postal Service employees about the Postal Service Health Benefits Program established under subsection (c)(1);
|
||||
|
||||
(B) provide information regarding the Postal Service Health Benefits Program and the requirements of this section to Postal Service annuitants and Postal Service employees, including—
|
||||
|
||||
(i) a description of the health care options available under such Program;
|
||||
|
||||
(ii) the enrollment provisions of subsection (d); and
|
||||
|
||||
(iii) the requirement that Postal Service annuitants and their family members be enrolled in Medicare under subsection (e);
|
||||
|
||||
(C) respond and provide answers to any inquiry from such employees and annuitants about the Postal Service Health Benefits Program, in consultation with the Office as necessary;
|
||||
|
||||
(D) in consultation with the Centers for Medicare & Medicaid Services and the Social Security Administration, provide information to individuals about enrollment under the Medicare program under title XVIII of the Social Security Act, and refer individuals to the Centers for Medicare & Medicaid Services and the Social Security Administration as necessary for additional enrollment information; and
|
||||
|
||||
(E) carry out, or provide for through contract or other arrangement, the activities described in paragraph (5).
|
||||
|
||||
(4) Information.— (A) Information from opm.— The Office shall timely provide the Postal Service with such information as necessary to conduct the Health Benefits Education Program.
|
||||
|
||||
(B) Coordination with opm.— The Postal Service shall coordinate with the Office, in consultation with the Centers for Medicare & Medicaid Services and the Social Security Administration, to obtain and confirm the accuracy of information as the Postal Service determines to be necessary to conduct the Health Benefits Education Program.
|
||||
|
||||
(5) Navigator activities.— (A) Activities.— The activities described in this paragraph, with respect to Program plans and the health care options available under the Program, are the following:
|
||||
|
||||
(i) Educational activities for annuitants and employees of the Postal Service to raise awareness of the availability of Program plans and requirements for enrolling in such plans, including requirements to be entitled to Medicare part A and enroll in Medicare part B.
|
||||
|
||||
(ii) Distribution of fair and impartial information concerning enrollment in such plans.
|
||||
|
||||
(iii) Facilitation of enrollment in such plans.
|
||||
|
||||
(iv) Provision of information in a manner that is culturally and linguistically appropriate to the needs of the population being served by the Program plans.
|
||||
|
||||
(B) Standards.— (i) In general.— The Postal Service shall establish standards for navigators carrying out the activities under this paragraph to—
|
||||
|
||||
(I) engage in the navigator activities described in subparagraph (A); and
|
||||
|
||||
(II) avoid conflicts of interest.
|
||||
|
||||
(ii) Contents.— The standards established under clause (i) shall provide that a navigator may not—
|
||||
|
||||
(I) be a health insurance carrier; or
|
||||
|
||||
(II) receive any consideration directly or indirectly from any health insurance carrier in connection with the enrollment of any individual in a Program plan.
|
||||
|
||||
(C) Fair and impartial information and services.— The Postal Service, in consultation as necessary with the Office and the Centers for Medicare & Medicaid Services, shall develop standards to ensure that information made available by navigators under this paragraph is fair, accurate, and impartial.
|
||||
|
||||
(6) Regulations.— (A) In general.— Not later than 18 months after the date of enactment of this section, the Postmaster General shall issue regulations to establish the Health Benefits Education Program required under this subsection.
|
||||
|
||||
(B) Contents.— The regulations issued under subparagraph (A) shall include—
|
||||
|
||||
(i) provisions for the notification of Postal Service annuitants and Postal Service employees about the Program, including a description of the available health benefits options, including a process for notifying Postal Service employees who become eligible for Medicare part B and Postal Service Medicare covered annuitants about their choices;
|
||||
|
||||
(ii) provisions for notifying Postal Service annuitants, Postal Service employees, and their family members of the requirements under subsection (e) to enroll in Medicare as a condition of eligibility to enroll in the Program; and
|
||||
|
||||
(iii) a process, developed in consultation with the Social Security Administration, the Centers for Medicare & Medicaid Services, and the Office, for addressing any inquiry from Postal Service annuitants and Postal Service employees about the Program or Medicare enrollment.
|
||||
|
||||
(Added Pub. L. 117–108, title I, § 101(a)(1), Apr. 6, 2022, 136 Stat. 1128.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe Social Security Act, referred to in subsecs. (a)(4), (5), (h)(2), and (l)(3)(D), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title XVIII of the Act is classified generally to subchapter XVIII (§ 1395 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. Parts A and B of title XVIII of the Act are classified generally to parts A (§ 1395c et seq.) and B (§ 1395j et seq.), respectively, of subchapter XVIII of chapter 7 of Title 42. Sections 1860D–1, 1860D–22, and 1860D–41 are classified to sections 1395w–101, 1395w–132, and 1395w–151, respectively, of Title 42. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. The date of enactment of this section, referred to in subsecs. (e)(3)(B), (g)(1), and (l)(2), (6)(A), is the date of enactment of Pub. L. 117–108, which was approved Apr. 6, 2022.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Information Sharing and Dissemination Required for Special Enrollment Period and Enforcement of Part B Enrollment RequirementsPub. L. 117–108, title I, § 101(c), Apr. 6, 2022, 136 Stat. 1137, provided that: “(1) Definitions.—In this subsection, the terms ‘Medicare part A’, ‘Medicare part B’, ‘Office’, ‘Postal Service’, and ‘Postal Service annuitant’ have the meanings given those terms in section 8903c of title 5, United States Code, as added by subsection (a). “(2) Information sharing by opm.—The Office shall, by regulation, establish a process for providing such information as is necessary to the Social Security Administration regarding Postal Service annuitants (and the family members of such annuitants) who may be eligible to enroll under Medicare part B during the special enrollment period described in subsection (o) of section 1837 of the Social Security Act (42 U.S.C. 1395p), as added by subsection (b), or who may be subject to the enrollment requirements described in paragraphs (1) and (2) of section 8903c(e) of title 5, United States Code, as added by subsection (a). “(3) Information sharing by ssa.—The Social Security Administration shall provide to the Office and the Postal Service information regarding whether a Postal Service annuitant, or a family member of such an annuitant, is entitled to benefits under Medicare part A and enrolled under Medicare part B, to assist the Office and the Postal Service in determining—“(A) which Postal Service annuitants, and family members of such annuitants, may be eligible to enroll under Medicare part B during the special enrollment period described in paragraph (2); and “(B) whether Postal Service annuitants, and family members of such annuitants, satisfy the enrollment requirements described in paragraphs (1) and (2) of section 8903c(e) of title 5, United States Code, as added by subsection (a).”
|
||||
|
||||
Reimbursement For Periodic SSA Data SharingPub. L. 117–108, title I, § 101(d)(5), Apr. 6, 2022, 136 Stat. 1138, provided that: “(A) Inter-agency agreement.—The Commissioner of Social Security shall enter into an agreement with the Director of the Office under which the Director pays the Commissioner from the Postal Service administrative reserve the full costs (including systems and administrative costs) of providing the information described in subsection (c)(3) [of section 101 of Pub. L. 117–108, set out in a note above] for the purpose set forth in subsection (c)(3)(B). “(B) Report to congress.—The Director of the Office—“(i) shall report the amount paid under subparagraph (A) annually to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform [now Committee on Oversight and Accountability] of the House of Representatives; and “(ii) may satisfy the requirement under clause (i) by including the amount paid under subparagraph (A) in any other annual report submitted to Congress.” [For definition of “Postal Service” as used in section 101(d)(5) of Pub. L. 117–108, set out above, see section 102 of Title 39, Postal Service, as made applicable by section 2(b) of Pub. L. 117–108, which is set out as a note under section 501 of Title 39.]
|
||||
@@ -0,0 +1,107 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 8904"
|
||||
description: "Types of benefits"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "89"
|
||||
chapter_name: "HEALTH INSURANCE"
|
||||
section: "8904"
|
||||
citation: "5 U.S.C. § 8904"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s8904"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "1d80023de40d982d8109110287b666c33f26e72ce83e7d74d43235aa662f0f99"
|
||||
raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
|
||||
text_hash: "3ceacbdcc50628ac9b326392d257ec8e625851475d82fa06c600285d345deb5e"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 8904 - Types of benefits
|
||||
|
||||
## Text
|
||||
|
||||
(a) The benefits to be provided under plans described by section 8903 of this title may be of the following types:
|
||||
|
||||
(1) Service Benefit Plan.— (A) Hospital benefits.
|
||||
|
||||
(B) Surgical benefits.
|
||||
|
||||
(C) In-hospital medical benefits.
|
||||
|
||||
(D) Ambulatory patient benefits.
|
||||
|
||||
(E) Supplemental benefits.
|
||||
|
||||
(F) Obstetrical benefits.
|
||||
|
||||
(2) Indemnity Benefit Plan.— (A) Hospital care.
|
||||
|
||||
(B) Surgical care and treatment.
|
||||
|
||||
(C) Medical care and treatment.
|
||||
|
||||
(D) Obstetrical benefits.
|
||||
|
||||
(E) Prescribed drugs, medicines, and prosthetic devices.
|
||||
|
||||
(F) Other medical supplies and services.
|
||||
|
||||
(3) Employee Organization Plans.— Benefits of the types named under paragraph (1) or (2) of this subsection or both.
|
||||
|
||||
(4) Comprehensive Medical Plans.— Benefits of the types named under paragraph (1) or (2) of this subsection or both.
|
||||
|
||||
All plans contracted for under paragraphs (1) and (2) of this subsection shall include benefits both for costs associated with care in a general hospital and for other health services of a catastrophic nature.
|
||||
|
||||
(b) (1) (A) A plan, other than a prepayment plan described in section 8903(4) of this title, may not provide benefits, in the case of any retired enrolled individual who is age 65 or older and is not covered to receive Medicare hospital and insurance benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.), to pay a charge imposed by any health care provider, for inpatient hospital services which are covered for purposes of benefit payments under this chapter and part A of title XVIII of the Social Security Act, to the extent that such charge exceeds applicable limitations on hospital charges established for Medicare purposes under section 1886 of the Social Security Act (42 U.S.C. 1395ww). Hospital providers who have in force participation agreements with the Secretary of Health and Human Services consistent with sections 1814(a) and 1866 of the Social Security Act (42 U.S.C. 1395f(a) and 1395cc), whereby the participating provider accepts Medicare benefits as full payment for covered items and services after applicable patient copayments under section 1813 of such Act (42 U.S.C. 1395e) have been satisfied, shall accept equivalent benefit payments and enrollee copayments under this chapter as full payment for services described in the preceding sentence. The Office of Personnel Management shall notify the Secretary of Health and Human Services if a hospital is found to knowingly and willfully violate this subsection on a repeated basis and the Secretary may invoke appropriate sanctions in accordance with section 1866(b)(2) of the Social Security Act (42 U.S.C. 1395cc(b)(2)) and applicable regulations.
|
||||
|
||||
(B) (i) A plan, other than a prepayment plan described in section 8903(4), may not provide benefits, in the case of any retired enrolled individual who is age 65 or older and is not entitled to Medicare supplementary medical insurance benefits under part B of title XVIII of the Social Security Act (42 U.S.C. 1395j et seq.), to pay a charge imposed for physicians’ services (as defined in section 1848(j) of such Act, 42 U.S.C. 1395w–4(j)) which are covered for purposes of benefit payments under this chapter and under such part, to the extent that such charge exceeds the fee schedule amount under section 1848(a) of such Act (42 U.S.C. 1395w–4(a)).
|
||||
|
||||
(ii) Physicians and suppliers who have in force participation agreements with the Secretary of Health and Human Services consistent with section 1842(h)(1) of such Act (42 U.S.C. 1395u(h)(1)), whereby the participating provider accepts Medicare benefits (including allowable deductible and coinsurance amounts) as full payment for covered items and services shall accept equivalent benefit and enrollee cost-sharing under this chapter as full payment for services described in clause (i). Physicians and suppliers who are nonparticipating physicians and suppliers for purposes of part B of title XVIII of such Act shall not impose charges that exceed the limiting charge under section 1848(g) of such Act (42 U.S.C. 1395w–4(g)) with respect to services described in clause (i) provided to enrollees described in such clause. The Office of Personnel Management shall notify a physician or supplier who is found to have violated this clause and inform them of the requirements of this clause and sanctions for such a violation. The Office of Personnel Management shall notify the Secretary of Health and Human Services if a physician or supplier is found to knowingly and willfully violate this clause on a repeated basis and the Secretary of Health and Human Services may invoke appropriate sanctions in accordance with sections 1128A(a) and 1848(g)(1) of such Act (42 U.S.C. 1320a–7a(a), 1395w–4(g)(1)) and applicable regulations.
|
||||
|
||||
(C) If the Secretary of Health and Human Services determines that a violation of this subsection warrants excluding a provider from participation for a specified period under title XVIII of the Social Security Act, the Office shall enforce a corresponding exclusion of such provider for purposes of this chapter.
|
||||
|
||||
(2) Notwithstanding any other provision of law, the Secretary of Health and Human Services and the Director of the Office of Personnel Management, and their agents, shall exchange any information necessary to implement this subsection.
|
||||
|
||||
(3) (A) Not later than December 1, 1991, and periodically thereafter, the Secretary of Health and Human Services (in consultation with the Director of the Office of Personnel Management) shall supply to carriers of plans described in paragraphs (1) through (3) of section 8903 the Medicare program information necessary for them to comply with paragraph (1).
|
||||
|
||||
(B) For purposes of this paragraph, the term “Medicare program information” includes (i) the limitations on hospital charges established for Medicare purposes under section 1886 of the Social Security Act (42 U.S.C. 1395ww) and the identity of hospitals which have in force agreements with the Secretary of Health and Human Services consistent with section 1814(a) and 1866 of the Social Security Act (42 U.S.C. 1395f(a) and 1395cc), and (ii) the fee schedule amounts and limiting charges for physicians’ services established under section 1848 of such Act (42 U.S.C. 1395w–4) and the identity of participating physicians and suppliers who have in force agreements with such Secretary under section 1842(h) of such Act (42 U.S.C. 1395u(h)).
|
||||
|
||||
(4) The Director of the Office of Personnel Management shall enter into an arrangement with the Secretary of Health and Human Services, to be effective before the first day of the fifth month that begins before each contract year, under which—
|
||||
|
||||
(A) physicians and suppliers (whether or not participating) under the Medicare program will be notified of the requirements of paragraph (1)(B);
|
||||
|
||||
(B) enforcement procedures will be in place to carry out such paragraph (including enforcement of protections against overcharging of beneficiaries); and
|
||||
|
||||
(C) Medicare program information described in paragraph (3)(B)(ii) will be supplied to carriers under paragraph (3)(A).
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 603; Pub. L. 101–508, title VII, § 7002(f)(1), Nov. 5, 1990, 104 Stat. 1388–330; Pub. L. 102–378, § 2(76), Oct. 2, 1992, 106 Stat. 1355; Pub. L. 103–66, title XI, § 11003(a), Aug. 10, 1993, 107 Stat. 409.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 3004.Sept. 28, 1959, Pub. L. 86–382, § 5, 73 Stat. 712. 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 TextThe Social Security Act, referred to in subsec. (b)(1), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title XVIII of the Act is classified generally to subchapter XVIII (§ 1395 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. Parts A and B of title XVIII of the Act are classified generally to part A (§ 1395c et seq.) and part B (§ 1395j et seq.), respectively, of subchapter XVIII of chapter 7 of Title 42. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
|
||||
|
||||
Amendments1993—Subsec. (b)(1). Pub. L. 103–66, § 11003(a)(1), designated existing provisions as subpar. (A) and added subpars. (B) and (C). Subsec. (b)(3)(B). Pub. L. 103–66, § 11003(a)(2), inserted cl. (i) designation and added cl. (ii). Subsec. (b)(4). Pub. L. 103–66, § 11003(a)(3), added par. (4). 1992—Subsec. (a). Pub. L. 102–378 substituted “this subsection” for “this section” in pars. (3) and (4) and in last sentence. 1990—Pub. L. 101–508 designated existing provisions as subsec. (a) and added subsec. (b).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1993 AmendmentPub. L. 103–66, title XI, § 11003(b), Aug. 10, 1993, 107 Stat. 410, provided that: “The amendments made by subsection (a) [amending this section] shall apply with respect to contract years beginning on or after January 1, 1995.”
|
||||
|
||||
Effective Date of 1990 AmendmentPub. L. 101–508, title VII, § 7002(f)(2), Nov. 5, 1990, 104 Stat. 1388–331, provided that: “The amendments made by this subsection [amending this section] shall apply with respect to contract years beginning on or after January 1, 1992.”
|
||||
|
||||
Coverage of Testing for COVID–19: Application With Respect to Federal CiviliansPub. L. 116–127, div. F, § 6006(c), Mar. 18, 2020, 134 Stat. 207, provided that: “No copayment or other cost sharing may be required for any individual occupying a position in the civil service (as that term is defined in section 2101(1) of title 5, United States Code) enrolled in a health benefits plan, including any plan under chapter 89 of title 5, United States Code, or for any other individual currently enrolled in any plan under chapter 89 of title 5 for in vitro diagnostic products described in paragraph (1) of section 6001(a) [of Pub. L. 116–127, 42 U.S.C. 1320b–5 note] (or the administration of such products) or visits described in paragraph (2) of such section furnished during any portion of the emergency period defined in paragraph (1)(B) of section 1135(g) of the Social Security Act (42 U.S.C. 1320b–5(g)) beginning on or after the date of the enactment of this Act [Mar. 18, 2020].”
|
||||
|
||||
Mental Health, Alcoholism, and Drug Addiction Benefits; Congressional Findings; Sense of CongressPub. L. 99–251, title I, § 107, Feb. 27, 1986, 100 Stat. 16, provided that: “(a) Findings.—The Congress finds that—“(1) the treatment of mental illness, alcoholism, and drug addiction are basic health care services which are needed by approximately 40,000,000 Americans each year; “(2) treatment of mental illness, alcoholism, and drug addiction is increasingly successful; “(3) timely and appropriate treatment of mental illness, alcoholism, and drug addiction is cost effective in terms of restored productivity, reduced utilization of other health services, and reduced social dependence; and “(4) mental illness is a problem of grave concern to the people of the United States and is widely but unnecessarily feared and misunderstood. “(b) Sense of the Congress.—It is the sense of the Congress—“(1) that participants in the Federal employees health benefits program should receive adequate benefits coverage for treatment of mental illness, alcoholism, and drug addiction; and “(2) that the Office of Personnel Management should encourage participating health benefits plans to provide adequate benefits relating to treatment of mental illness, alcoholism, and drug addiction (including benefits relating to coverage for inpatient and outpatient treatment and catastrophic protection benefits).”
|
||||
@@ -0,0 +1,133 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 8905"
|
||||
description: "Election of coverage"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "89"
|
||||
chapter_name: "HEALTH INSURANCE"
|
||||
section: "8905"
|
||||
citation: "5 U.S.C. § 8905"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s8905"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "9b2a15774af25e01f7ed3d03d8dce2d3131229790ab60d24fe2b682724cfc4c9"
|
||||
raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
|
||||
text_hash: "c80bdf954aab437d1f1138cb3cdddf914dbc7ccfe44ed0ed9adf33f42ceaf8e7"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 8905 - Election of coverage
|
||||
|
||||
## Text
|
||||
|
||||
(a) An employee may enroll in an approved health benefits plan described in section 8903 or 8903a—
|
||||
|
||||
(1) as an individual;
|
||||
|
||||
(2) for self plus one; or
|
||||
|
||||
(3) for self and family.
|
||||
|
||||
(b) An annuitant who at the time he becomes an annuitant was enrolled in a health benefits plan under this chapter—
|
||||
|
||||
(1) as an employee for a period of not less than—
|
||||
|
||||
(A) the 5 years of service immediately before retirement;
|
||||
|
||||
(B) the full period or periods of service between the last day of the first period, as prescribed by regulations of the Office of Personnel Management, in which he is eligible to enroll in the plan and the date on which he becomes an annuitant; or
|
||||
|
||||
(C) the full period or periods of service beginning with the enrollment which became effective before January 1, 1965, and ending with the date on which he becomes an annuitant;
|
||||
|
||||
whichever is shortest; or
|
||||
|
||||
(2) as a member of the family of an employee or annuitant;
|
||||
|
||||
may continue his enrollment under the conditions of eligibility prescribed by regulations of the Office. The Office may, in its sole discretion, waive the requirements of this subsection in the case of an individual who fails to satisfy such requirements if the Office determines that, due to exceptional circumstances, it would be against equity and good conscience not to allow such individual to be enrolled as an annuitant in a health benefits plan under this chapter 11 So in original. Probably should be followed by a period.
|
||||
|
||||
(c) (1) A former spouse may—
|
||||
|
||||
(A) within 60 days after the dissolution of the marriage, or
|
||||
|
||||
(B) in the case of a former spouse of a former employee whose marriage was dissolved after the employee’s retirement, within 60 days after the dissolution of the marriage or, if later, within 60 days after an election is made under section 8339(j)(3) or 8417(b) of this title for such former spouse by the retired employee,
|
||||
|
||||
enroll in an approved health benefits plan described by section 8903 or 8903a of this title as an individual or for 22 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 section 8909(b) of this title. The former spouse shall submit an enrollment application and make premium payments to the agency which, at the time of divorce or annulment, employed the employee to whom the former spouse was married or, in the case of a former spouse who is receiving annuity payments under section 8341(h), 8345(j), 8445, or 8467 of this title, to the Office of Personnel Management.
|
||||
|
||||
(2) Coverage for self plus one or for self and family under this subsection shall be limited to—
|
||||
|
||||
(A) the former spouse; and
|
||||
|
||||
(B) unmarried dependent natural or adopted children (or, in the case of self plus one coverage, not more than 1 such child) of the former spouse and the employee who are—
|
||||
|
||||
(i) under 22 years of age; or
|
||||
|
||||
(ii) incapable of self-support because of mental or physical disability which existed before age 22.
|
||||
|
||||
(d) An individual whom the Secretary of Defense determines is an eligible beneficiary under subsection (b) of section 1108 of title 10 may enroll, as part of the demonstration project under such section, in a health benefits plan under this chapter in accordance with the agreement under subsection (a) of such section between the Secretary and the Office and applicable regulations under this chapter.
|
||||
|
||||
(e) If an employee, annuitant, or other individual eligible to enroll in a health benefits plan under this chapter has a spouse who is also eligible to enroll, either spouse, but not both, may enroll for self and family, 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. However, an individual may not be enrolled both as an employee, annuitant, or other individual eligible to enroll and as a member of the family.
|
||||
|
||||
(f) An employee, annuitant, former spouse, or person having continued coverage under section 8905a of this title 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.
|
||||
|
||||
(g) (1) Under regulations prescribed by the Office, the Office shall, before the start of any contract term in which—
|
||||
|
||||
(A) an adjustment is made in any of the rates charged or benefits provided under a health benefits plan described by section 8903 or 8903a of this title,
|
||||
|
||||
(B) a newly approved health benefits plan is offered, or
|
||||
|
||||
(C) an existing plan is terminated,
|
||||
|
||||
provide a period of not less than 3 weeks during which any employee, annuitant, former spouse, or person having continued coverage under section 8905a of this title enrolled in a health benefits plan described by such section shall be permitted to transfer that individual’s enrollment to another such plan or to cancel such enrollment.
|
||||
|
||||
(2) In addition to any opportunity afforded under paragraph (1) of this subsection, an employee, annuitant, former spouse, or person having continued coverage under section 8905a of this title enrolled in a health benefits plan under this chapter shall be permitted to transfer that individual’s enrollment to another such plan, or to cancel such enrollment, at such other times and subject to such conditions as the Office may prescribe in regulations.
|
||||
|
||||
(3) (A) In addition to any informational requirements otherwise applicable under this chapter, the regulations shall include provisions to ensure that each employee eligible to enroll in a health benefits plan under this chapter (whether actually enrolled or not) is notified in writing as to the rights afforded under section 8905a of this title.
|
||||
|
||||
(B) Notification under this paragraph shall be provided by employing agencies at an appropriate point in time before each period under paragraph (1) so that employees may be aware of their rights under section 8905a of this title when making enrollment decisions during such period.
|
||||
|
||||
(h) (1) An unenrolled employee who is required by a court or administrative order to provide health insurance coverage for 1 or more children who meets the requirements of section 8901(5) may enroll for self plus one or self and family coverage, as necessary to provide health insurance coverage for each child who is covered under the order, in a health benefits plan under this chapter. If such employee fails to enroll for self plus one or self and family coverage, as necessary to provide health insurance coverage for each child who is covered under the order, in a health benefits plan that provides full benefits and services in the location in which the child or children reside, and the employee does not provide documentation showing that such coverage has been provided through other health insurance, the employing agency shall enroll the employee in a self plus one or self and family enrollment, as necessary to provide health insurance coverage for each child who is covered under the order, in the option which provides the lower level of coverage under the Service Benefit Plan.
|
||||
|
||||
(2) An employee who is enrolled as an individual in a health benefits plan under this chapter and who is required by a court or administrative order to provide health insurance coverage for 1 or more children who meets the requirements of section 8901(5) may change to a self plus one or self and family enrollment, as necessary to provide health insurance coverage for each child who is covered under the order, in the same or another health benefits plan under this chapter. If such employee fails to change to a self plus one or self and family enrollment, as necessary to provide health insurance coverage for each child who is covered under the order, and the employee does not provide documentation showing that such coverage has been provided through other health insurance, the employing agency shall change the enrollment of the employee to a self plus one or self and family enrollment, as necessary to provide health insurance coverage for each child who is covered under the order, in the plan in which the employee is enrolled if that plan provides full benefits and services in the location where the child or children reside. If the plan in which the employee is enrolled does not provide full benefits and services in the location in which the child or children reside, or, if the employee fails to change to a self plus one or self and family enrollment, as necessary to provide health insurance coverage for each child who is covered under the order, in a plan that provides full benefits and services in the location where the child or children reside, the employing agency shall change the coverage of the employee to a self plus one or self and family enrollment, as necessary to provide health insurance coverage for each child who is covered under the order, in the option which provides the lower level of coverage under the Service Benefits Plan.
|
||||
|
||||
(3) The employee may not discontinue the self plus one or self and family enrollment, as necessary to provide health insurance coverage for each child who is covered under the order, in a plan that provides full benefits and services in the location in which the child or children reside for so long as the court or administrative order remains in effect and the child or children continue to meet the requirements of section 8901(5), unless the employee provides documentation showing that such coverage has been provided through other health insurance.
|
||||
|
||||
(i) Any services by an officer or employee under this chapter relating to enrolling individuals in a health benefits plan under this chapter, or changing the enrollment of an individual already so enrolled, shall be deemed, for purposes of section 1342 of title 31, services for emergencies involving the safety of human life or the protection of property.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 603; Pub. L. 95–454, title IX, § 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 98–615, § 3(4), Nov. 8, 1984, 98 Stat. 3203; Pub. L. 99–53, § 2(a), (c), June 17, 1985, 99 Stat. 94; Pub. L. 99–251, title I, §§ 103, 104(a), Feb. 27, 1986, 100 Stat. 14; Pub. L. 99–335, title II, § 207(m), June 6, 1986, 100 Stat. 598; Pub. L. 100–654, title II, §§ 201(c), (d), 202(c), Nov. 14, 1988, 102 Stat. 3845; Pub. L. 102–378, § 2(77), Oct. 2, 1992, 106 Stat. 1355; Pub. L. 105–261, div. A, title VII, § 721(b)(1), Oct. 17, 1998, 112 Stat. 2065; Pub. L. 106–394, § 2, Oct. 30, 2000, 114 Stat. 1629; Pub. L. 113–67, div. A, title VII, § 706(a), Dec. 26, 2013, 127 Stat. 1193; Pub. L. 116–92, div. A, title XI, § 1110(a), Dec. 20, 2019, 133 Stat. 1600.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 3002(a) (1st sentence, less words between 1st and 4th commas), (b)–(e).Sept. 28, 1959, Pub. L. 86–382, § 3(a) (1st sentence, less words between 1st and 4th commas), (b)–(e), 73 Stat. 710. Mar. 17, 1964, Pub. L. 88–284, § 1(5), 78 Stat. 164. In subsection (b)(1), the words “as an employee” are inserted for clarity. In subsection (b)(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
|
||||
|
||||
Amendments2019—Subsec. (i). Pub. L. 116–92 added subsec. (i). 2013—Subsec. (a). Pub. 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). Pub. 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). Pub. 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). Pub. 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). Pub. 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). Pub. 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). Pub. 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). Pub. L. 113–67, § 706(a)(4)(E), substituted “the child or children continue” for “the child continues”. 2000—Subsec. (h). Pub. L. 106–394 added subsec. (h). 1998—Subsecs. (d) to (g). Pub. L. 105–261 added subsec. (d) and redesignated former subsecs. (d) to (f) as (e) to (g), respectively. 1992—Subsec. (b). Pub. L. 102–378, § 2(77)(A), substituted “this chapter” for “this subchapter.” at end. Subsec. (c)(1). Pub. L. 102–378, § 2(77)(B), inserted comma after “8341(h)” in last sentence. 1988—Subsec. (d). Pub. 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). Pub. 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). Pub. L. 100–654, § 201(d)(2), added par. (3). 1986—Subsec. (b). Pub. 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). Pub. L. 99–335 inserted in subpar. (B) “or 8417(b)” and substituted in provision following subpar. (B) “8345(j), 8445, or 8467” for “or 8345(j)”. Subsec. (f). Pub. 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). Pub. L. 99–53, § 2(a), inserted reference to section 8903a of this title. Subsec. (f). Pub. 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). Pub. L. 98–615, § 3(4)(A), added subsec. (c). Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 98–615, § 3(4)(A), redesignated former subsec. (c) as (d). Former subsec. (d) redesignated (e). Subsec. (e). Pub. 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). Pub. 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. (b), (d), (e). Pub. 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 AmendmentAmendment by Pub. L. 116–92 applicable to any lapse in appropriations beginning on or after Dec. 20, 2019, see section 1110(d) of Pub. L. 116–92, set out as a note under section 8702 of this title.
|
||||
|
||||
Effective Date of 1988 AmendmentAmendment 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 1986 AmendmentsAmendment 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, § 104(b), Feb. 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 AmendmentAmendment 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 AmendmentAmendment 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.
|
||||
|
||||
RegulationsRegulations to carry out amendment by Pub. 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 Pub. L. 116–92, set out as a note under section 8702 of this title.
|
||||
|
||||
FEHB ImprovementsPub. L. 119–21, title IX, § 90101(a)–(f), July 4, 2025, 139 Stat. 362, provided that: “(a) Short Title.—This section may be cited as the ‘FEHB Protection Act of 2025’. “(b) Definitions.—In this section:“(1) Director.—The term ‘Director’ means the Director of the Office of Personnel Management. “(2) Health benefits plan; member of family.—The terms ‘health benefits plan’ and ‘member of family’ have the meanings given those terms in section 8901 of title 5, United States Code. “(3) Open season.—The term ‘open season’ means an open season described in section 890.301(f) of title 5, Code of Federal Regulations, or any successor regulation. “(4) Program.—The term ‘Program’ means the health insurance programs carried out under chapter 89 of title 5, United States Code, including the program carried out under section 8903c of that title. “(5) Qualifying life event.—The term ‘qualifying life event’ has the meaning given the term in section 892.101 of title 5, Code of Federal Regulations, or any successor regulation. “(c) Verification Requirements.—Not later than 1 year after the date of enactment of this Act [July 4, 2025], the Director shall issue regulations and implement a process to verify—“(1) the veracity of any qualifying life event through which an enrollee in the Program seeks to add a member of family with respect to the enrollee to a health benefits plan under the Program; and “(2) that, when an enrollee in the Program seeks to add a member of family with respect to the enrollee to the health benefits plan of the enrollee under the Program, including during any open season, the individual so added is a qualifying member of family with respect to the enrollee. “(d) Fraud Risk Assessment.—In any fraud risk assessment conducted with respect to the Program on or after the date of enactment of this Act, the Director shall include an assessment of individuals who are enrolled in, or covered under, a health benefits plan under the Program even though those individuals are not eligible to be so enrolled or covered. “(e) Family Member Eligibility Verification Audit.—“(1) In general.—During the 3-year period beginning on the date that is 1 year after the date of enactment of this Act, the Director shall carry out a comprehensive audit regarding members of family who are covered under an enrollment in a health benefits plan under the Program. “(2) Contents.—With respect to the audit carried out under paragraph (1), the Director shall review marriage certificates, birth certificates, and other appropriate documents that are necessary to determine eligibility to enroll in a health benefits plan under the Program. “(f) Disenrollment or Removal.—Not later than 180 days after the date of enactment of this Act, the Director shall develop a process by which any individual enrolled in, or covered under, a health benefits plan under the Program who is not eligible to be so enrolled or covered shall be disenrolled or removed from enrollment in, or coverage under, that health benefits plan.”
|
||||
|
||||
Weighted Average for First YearPub. 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 ActPub. L. 93–246, §§ 2, 4(b), 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. “(b) 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] (b) 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.”
|
||||
@@ -0,0 +1,217 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 8905a"
|
||||
description: "Continued coverage"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "89"
|
||||
chapter_name: "HEALTH INSURANCE"
|
||||
section: "8905a"
|
||||
citation: "5 U.S.C. § 8905a"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s8905a"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "f5ad1788e515a3b58cc693d2c3e81eb84c0b446e9e232f9c0e2866d452bacb8d"
|
||||
raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
|
||||
text_hash: "08fc7e794b3cc188c47fe68c5ad60f2d7ad8d403b78b2829e3bf490866c07405"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 8905a - Continued coverage
|
||||
|
||||
## Text
|
||||
|
||||
(a) Any individual described in subsection (b) may elect to continue coverage under this chapter in accordance with the provisions of this section.
|
||||
|
||||
(b) This section applies with respect to—
|
||||
|
||||
(1) any employee who—
|
||||
|
||||
(A) is separated from service, whether voluntarily or involuntarily, except that if the separation is involuntary, this section shall not apply if the separation is for gross misconduct (as defined under regulations which the Office of Personnel Management shall prescribe); and
|
||||
|
||||
(B) would not otherwise be eligible for any benefits under this chapter (determined without regard to any temporary extension of coverage and without regard to any benefits available under a nongroup contract);
|
||||
|
||||
(2) any individual who—
|
||||
|
||||
(A) ceases to meet the requirements for being considered an unmarried dependent child under this chapter;
|
||||
|
||||
(B) on the day before so ceasing to meet the requirements referred to in subparagraph (A), was covered under a health benefits plan under this chapter as a member of the family of an employee or annuitant; and
|
||||
|
||||
(C) would not otherwise be eligible for any benefits under this chapter (determined without regard to any temporary extension of coverage and without regard to any benefits available under a nongroup contract); and
|
||||
|
||||
(3) any employee who—
|
||||
|
||||
(A) is enrolled in a health benefits plan under this chapter;
|
||||
|
||||
(B) is a member of a reserve component of the armed forces;
|
||||
|
||||
(C) is called or ordered to active duty in support of a contingency operation (as defined in section 101(a)(13) of title 10);
|
||||
|
||||
(D) is placed on leave without pay or separated from service to perform active duty; and
|
||||
|
||||
(E) serves on active duty for a period of more than 30 consecutive days.
|
||||
|
||||
(c) (1) The Office shall prescribe regulations and provide for the inclusion of appropriate terms in contracts with carriers to provide that—
|
||||
|
||||
(A) with respect to an employee who becomes (or will become) eligible for continued coverage under this section as a result of separation from service, the separating agency shall, before the end of the 30-day period beginning on the date as of which coverage (including any temporary extensions of coverage) would otherwise end, notify the individual of such individual’s rights under this section; and
|
||||
|
||||
(B) with respect to a child of an employee or annuitant who becomes eligible for continued coverage under this section as a result of ceasing to meet the requirements for being considered a member of the employee’s or annuitant’s family—
|
||||
|
||||
(i) the employee or annuitant may provide written notice of the child’s change in status (complete with the child’s name, address, and such other information as the Office may by regulation require)—
|
||||
|
||||
(I) to the employee’s employing agency; or
|
||||
|
||||
(II) in the case of an annuitant, to the Office; and
|
||||
|
||||
(ii) if the notice referred to in clause (i) is received within 60 days after the date as of which the child involved first ceases to meet the requirements involved, the employing agency or the Office (as the case may be) must, within 14 days after receiving such notice, notify the child of such child’s rights under this section.
|
||||
|
||||
(2) In order to obtain continued coverage under this section, an appropriate written election (submitted in such manner as the Office by regulation prescribes) must be made—
|
||||
|
||||
(A) in the case of an individual seeking continued coverage based on a separation from service, before the end of the 60-day period beginning on the later of—
|
||||
|
||||
(i) the effective date of the separation; or
|
||||
|
||||
(ii) the date the separated individual receives the notice required under paragraph (1)(A); or
|
||||
|
||||
(B) in the case of an individual seeking continued coverage based on a change in circumstances making such individual ineligible for coverage as an unmarried dependent child, before the end of the 60-day period beginning on the later of—
|
||||
|
||||
(i) the date as of which such individual first ceases to meet the requirements for being considered an unmarried dependent child; or
|
||||
|
||||
(ii) the date such individual receives notice under paragraph (1)(B)(ii);
|
||||
|
||||
except that if a parent fails to provide the notice required under paragraph (1)(B)(i) in timely fashion, the 60-day period under this subparagraph shall be based on the date under clause (i), irrespective of whether or not any notice under paragraph (1)(B)(ii) is provided.
|
||||
|
||||
(d) (1) (A) Except as provided in paragraphs (4), (5), and (6), an individual receiving continued coverage under this section shall be required to pay currently into the Employees Health Benefits Fund, under arrangements satisfactory to the Office, an amount equal to the sum of—
|
||||
|
||||
(i) the employee and agency contributions which would be required in the case of an employee enrolled in the same health benefits plan and level of benefits; and
|
||||
|
||||
(ii) an amount, determined under regulations prescribed by the Office, necessary for administrative expenses, but not to exceed 2 percent of the total amount under clause (i).
|
||||
|
||||
(B) Payments under this section to the Fund shall—
|
||||
|
||||
(i) in the case of an individual whose continued coverage is based on such individual’s separation, be made through the agency which last employed such individual; or
|
||||
|
||||
(ii) in the case of an individual whose continued coverage is based on a change in circumstances referred to in subsection (c)(2)(B), be made through—
|
||||
|
||||
(I) the Office, if, at the time coverage would (but for this section) otherwise have been discontinued, the individual was covered as the child of an annuitant; or
|
||||
|
||||
(II) if, at the time referred to in subclause (I), the individual was covered as the child of an employee, the employee’s employing agency as of such time.
|
||||
|
||||
(2) If an individual elects to continue coverage under this section before the end of the applicable period under subsection (c)(2), but after such individual’s coverage under this chapter (including any temporary extensions of coverage) expires, coverage shall be restored retroactively, with appropriate contributions (determined in accordance with paragraph (1), (4), or (5), as the case may be) and claims (if any), to the same extent and effect as though no break in coverage had occurred.
|
||||
|
||||
(3) (A) An individual making an election under subsection (c)(2)(B) may, at such individual’s option, elect coverage either as an individual or, if appropriate, for self plus one or for self and family.
|
||||
|
||||
(B) For the purpose of this paragraph, members of an individual’s family shall be determined in the same way as would apply under this chapter in the case of an enrolled employee.
|
||||
|
||||
(C) Nothing in this paragraph shall be considered to limit an individual making an election under subsection (c)(2)(A) to coverage for self alone.
|
||||
|
||||
(4) (A) If the basis for continued coverage under this section is an involuntary separation from a position, or a voluntary separation from a surplus position, in or under the Department of Defense due to a reduction in force, or the Department of Energy due to a reduction in force resulting from the establishment of the National Nuclear Security Administration—
|
||||
|
||||
(i) the individual shall be liable for not more than the employee contributions referred to in paragraph (1)(A)(i); and
|
||||
|
||||
(ii) the agency which last employed the individual shall pay the remaining portion of the amount required under paragraph (1)(A).
|
||||
|
||||
(B) This paragraph shall apply with respect to any individual whose continued coverage is based on a separation occurring on or after the date of enactment of this paragraph and before—
|
||||
|
||||
(i) December 31, 2016; or
|
||||
|
||||
(ii) February 1, 2017, if specific notice of such separation was given to such individual before December 31, 2016.
|
||||
|
||||
(C) For the purpose of this paragraph, “surplus position” means a position which is identified in pre-reduction-in-force planning as no longer required, and which is expected to be eliminated under formal reduction-in-force procedures.
|
||||
|
||||
(5) (A) If the basis for continued coverage under this section is an involuntary separation from a position in or under the Department of Veterans Affairs due to a reduction in force or a title 38 staffing readjustment, or a voluntary or involuntary separation from a Department of Energy position at a Department of Energy facility at which the Secretary is carrying out a closure project selected under section 442111 See References in Text note below. of the Atomic Energy Defense Act—
|
||||
|
||||
(i) the individual shall be liable for not more than the employee contributions referred to in paragraph (1)(A)(i); and
|
||||
|
||||
(ii) the agency which last employed the individual shall pay the remaining portion of the amount required under paragraph (1)(A).
|
||||
|
||||
(B) This paragraph shall only apply with respect to individuals whose continued coverage is based on a separation occurring on or after the date of the enactment of this paragraph.
|
||||
|
||||
(6) (A) If the basis for continued coverage under this section is, as a result of the termination of the Space Shuttle Program, an involuntary separation from a position due to a reduction-in-force or declination of a directed reassignment or transfer of function, or a voluntary separation from a surplus position in the National Aeronautics and Space Administration—
|
||||
|
||||
(i) the individual shall be liable for not more than the employee contributions referred to in paragraph (1)(A)(i); and
|
||||
|
||||
(ii) the National Aeronautics and Space Administration shall pay the remaining portion of the amount required under paragraph (1)(A).
|
||||
|
||||
(B) This paragraph shall only apply with respect to individuals whose continued coverage is based on a separation occurring on or after the date of enactment of this paragraph and before December 31, 2010.
|
||||
|
||||
(C) For purposes of this paragraph, “surplus position” means a position which is—
|
||||
|
||||
(i) identified in pre-reduction-in-force planning as no longer required, and which is expected to be eliminated under formal reduction-in-force procedures as a result of the termination of the Space Shuttle Program; or
|
||||
|
||||
(ii) encumbered by an employee who has received official certification from the National Aeronautics and Space Administration consistent with the Administration’s career transition assistance program regulations that the position is being abolished as a result of the termination of the Space Shuttle Program.
|
||||
|
||||
(e) (1) Continued coverage under this section may not extend beyond—
|
||||
|
||||
(A) in the case of an individual whose continued coverage is based on separation from service, the date which is 18 months after the effective date of the separation;
|
||||
|
||||
(B) in the case of an individual whose continued coverage is based on ceasing to meet the requirements for being considered an unmarried dependent child, the date which is 36 months after the date on which the individual first ceases to meet those requirements, subject to paragraph (2); or
|
||||
|
||||
(C) in the case of an employee described in subsection (b)(3), the date which is 24 months after the employee is placed on leave without pay or separated from service to perform active duty.
|
||||
|
||||
(2) In the case of an individual who—
|
||||
|
||||
(A) ceases to meet the requirements for being considered an unmarried dependent child;
|
||||
|
||||
(B) as of the day before so ceasing to meet the requirements referred to in subparagraph (A), was covered as the child of a former employee receiving continued coverage under this section based on the former employee’s separation from service; and
|
||||
|
||||
(C) so ceases to meet the requirements referred to in subparagraph (A) before the end of the 18-month period beginning on the date of the former employee’s separation from service,
|
||||
|
||||
extended coverage under this section may not extend beyond the date which is 36 months after the separation date referred to in subparagraph (C).
|
||||
|
||||
(f) (1) The Office shall prescribe regulations under which, in addition to any individual otherwise eligible for continued coverage under this section, and to the extent practicable, continued coverage may also, upon appropriate written application, be afforded under this section—
|
||||
|
||||
(A) to any individual who—
|
||||
|
||||
(i) if subparagraphs (A) and (C) of paragraph (10) of section 8901 were disregarded, would be eligible to be considered a former spouse within the meaning of such paragraph; but
|
||||
|
||||
(ii) would not, but for this subsection, be eligible to be so considered; and
|
||||
|
||||
(B) to any individual whose coverage as a family member would otherwise terminate as a result of a legal separation.
|
||||
|
||||
(2) The terms and conditions for coverage under the regulations shall include—
|
||||
|
||||
(A) consistent with subsection (c), any necessary notification provisions, and provisions under which an election period of at least 60 days’ duration is afforded;
|
||||
|
||||
(B) terms and conditions identical to those under subsection (d), except that contributions to the Employees Health Benefits Fund shall be made through such agency as the Office by regulation prescribes;
|
||||
|
||||
(C) provisions relating to the termination of continued coverage, except that continued coverage under this section may not (subject to paragraph (3)) extend beyond the date which is 36 months after the date on which the qualifying event under this subsection (the date of divorce, annulment, or legal separation, as the case may be) occurs; and
|
||||
|
||||
(D) provisions designed to ensure that any coverage pursuant to this subsection does not adversely affect any eligibility for coverage which the individual involved might otherwise have under this chapter (including as a result of any change in personal circumstances) if this subsection had not been enacted.
|
||||
|
||||
(3) In the case of an individual—
|
||||
|
||||
(A) who becomes eligible for continued coverage under this subsection based on a divorce, annulment, or legal separation from a person who, as of the day before the date of the divorce, annulment, or legal separation (as the case may be) was receiving continued coverage under this section based on such person’s separation from service under a self plus one enrollment that covered the individual or under a self and family enrollment; and
|
||||
|
||||
(B) whose divorce, annulment, or legal separation (as the case may be) occurs before the end of the 18-month period beginning on the date of the separation from service referred to in subparagraph (A),
|
||||
|
||||
extended coverage under this section may not extend beyond the date which is 36 months after the date of the separation from service, as referred to in subparagraph (A).
|
||||
|
||||
(Added Pub. L. 100–654, title II, § 201(a)(1), Nov. 14, 1988, 102 Stat. 3841; amended Pub. L. 102–484, div. D, title XLIV, § 4438(a), Oct. 23, 1992, 106 Stat. 2725; Pub. L. 103–337, div. A, title III, § 341(d), Oct. 5, 1994, 108 Stat. 2720; Pub. L. 104–106, div. A, title X, § 1036, Feb. 10, 1996, 110 Stat. 431; Pub. L. 106–65, div. A, title XI, § 1104(c), div. C, title XXXII, § 3244, Oct. 5, 1999, 113 Stat. 777, 965; Pub. L. 106–117, title XI, § 1106, Nov. 30, 1999, 113 Stat. 1598; Pub. L. 107–314, div. A, title XI, § 1103, Dec. 2, 2002, 116 Stat. 2661; Pub. L. 107–314, div. D, title XLVI, § 4603(h), formerly Pub. L. 106–398, § 1 [div. C, title XXXI, § 3136(h)], Oct. 30, 2000, 114 Stat. 1654, 1654A–459, renumbered § 4603(h) of Pub. L. 107–314 by Pub. L. 108–136, div. C, title XXXI, § 3141(i)(4)(A)–(C), Nov. 24, 2003, 117 Stat. 1777; Pub. L. 108–136, div. C, title XXXI, § 3141(m)(3), Nov. 24, 2003, 117 Stat. 1787; Pub. L. 108–375, div. A, title XI, § 1101(a), Oct. 28, 2004, 118 Stat. 2072; Pub. L. 109–163, div. A, title XI, § 1101, Jan. 6, 2006, 119 Stat. 3447; Pub. L. 110–422, title VI, § 615, Oct. 15, 2008, 122 Stat. 4800; Pub. L. 111–242, § 151, as added Pub. L. 111–322, title I, § 1(a)(2), Dec. 22, 2010, 124 Stat. 3519; Pub. L. 112–81, div. A, title XI, § 1123, Dec. 31, 2011, 125 Stat. 1617; Pub. L. 113–67, div. A, title VII, § 706(b), Dec. 26, 2013, 127 Stat. 1194.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe date of enactment of this paragraph, referred to in subsec. (d)(4)(B), is the date of enactment of Pub. L. 102–484, which was approved Oct. 23, 1992. Section 4421 of the Atomic Energy Defense Act, referred to in subsec. (d)(5)(A), was classified to section 2601 of Title 50, War and National Defense, prior to repeal by Pub. L. 113–66, div. C, title XXXI, § 3146(e)(10), Dec. 26, 2013, 127 Stat. 1077. The date of the enactment of this paragraph, referred to in subsec. (d)(5)(B), is the date of enactment of Pub. L. 106–117, which was approved Nov. 30, 1999. The date of enactment of this paragraph, referred to in subsec. (d)(6)(B), is the date of enactment of Pub. L. 110–422, which was approved Oct. 15, 2008.
|
||||
|
||||
Amendments2013—Subsec. (d)(3)(A). Pub. L. 113–67, § 706(b)(1), inserted “for self plus one or” before “for self and family”. Subsec. (f)(3)(A). Pub. L. 113–67, § 706(b)(2), substituted “based on such person’s separation from service under a self plus one enrollment that covered the individual or under a self and family enrollment” for “for self and family based on such person’s separation from service”. 2011—Subsec. (d)(4)(B). Pub. L. 112–81 substituted “December 31, 2016” for “December 31, 2011” in cls. (i) and (ii) and substituted “February 1, 2017” for “February 1, 2012” in cl. (ii). 2010—Subsec. (d)(4)(B)(i). Pub. L. 111–242, § 151(1), as added by Pub. L. 111–322, substituted “December 31, 2011” for “October 1, 2010”. Subsec. (d)(4)(B)(ii). Pub. L. 111–242, § 151(2), as added by Pub. L. 111–322, substituted “February 1, 2012” for “February 1, 2011” and “December 31, 2011” for “October 1, 2010”. 2008—Subsec. (d)(1)(A). Pub. L. 110–422, § 615(b), substituted “(4), (5), and (6)” for “(4) and (5)” in introductory provisions. Subsec. (d)(6). Pub. L. 110–422, § 615(a), added par. (6). 2006—Subsec. (d)(4)(B)(i). Pub. L. 109–163, § 1101(1), substituted “October 1, 2010” for “October 1, 2006”. Subsec. (d)(4)(B)(ii). Pub. L. 109–163, § 1101(2), substituted “February 1, 2011” for “February 1, 2007” and “October 1, 2010” for “October 1, 2006”. 2004—Subsec. (a). Pub. L. 108–375, § 1101(a)(1), struck out “paragraph (1) or (2) of” after “Any individual described in”. Subsec. (b)(3). Pub. L. 108–375, § 1101(a)(2), added par. (3). Subsec. (e)(1)(C). Pub. L. 108–375, § 1101(a)(4), added subpar. (C). 2003—Subsec. (d)(5)(A). Pub. L. 108–136, § 3141(m)(3), substituted “section 4421 of the Atomic Energy Defense Act” for “section 3143 of the National Defense Authorization Act for Fiscal Year 1997 (42 U.S.C. 7274n)”. 2002—Subsec. (d)(4)(B)(i). Pub. L. 107–314, § 1103(1), substituted “2006” for “2003”. Subsec. (d)(4)(B)(ii). Pub. L. 107–314, § 1103(2), substituted “2007” and “2006” for “2004” and “2003”, respectively. 2000—Subsec. (d)(5)(A). Pub. L. 107–314, § 4603(h), formerly Pub. L. 106–398, § 1 [div. C, title XXXI, § 3136(h)], as renumbered by Pub. L. 108–136, § 3141(i)(4)(A)–(C), in introductory provisions, inserted “, or a voluntary or involuntary separation from a Department of Energy position at a Department of Energy facility at which the Secretary is carrying out a closure project selected under section 3143 of the National Defense Authorization Act for Fiscal Year 1997 (42 U.S.C. 7274n)” after “readjustment”. 1999—Subsec. (d)(1)(A). Pub. L. 106–117, § 1106(1), substituted “paragraphs (4) and (5)” for “paragraph (4)” in introductory provisions. Subsec. (d)(2). Pub. L. 106–117, § 1106(2), substituted “(1), (4), or (5)” for “(1) or (4)”. Subsec. (d)(4)(A). Pub. L. 106–65, § 3244, inserted “, or the Department of Energy due to a reduction in force resulting from the establishment of the National Nuclear Security Administration” after “reduction in force” in introductory provisions. Subsec. (d)(4)(B). Pub. L. 106–65, § 1104(c), added cls. (i) and (ii) and struck out former cls. (i) and (ii) which read as follows: “(i) October 1, 1999; or “(ii) February 1, 2000, if specific notice of such separation was given to such individual before October 1, 1999.” Subsec. (d)(5). Pub. L. 106–117, § 1106(3), added par. (5). 1996—Subsec. (d)(4)(A). Pub. L. 104–106, § 1036(1), inserted “, or a voluntary separation from a surplus position,” after “an involuntary separation from a position” in introductory provisions. Subsec. (d)(4)(C). Pub. L. 104–106, § 1036(2), added subpar. (C). 1994—Subsec. (d)(4)(B). Pub. L. 103–337 substituted “October 1, 1999” for “October 1, 1997” in cls. (i) and (ii) and “February 1, 2000” for “February 1, 1998” in cl. (ii). 1992—Subsec. (d)(1)(A). Pub. L. 102–484, § 4438(a)(1), substituted “Except as provided in paragraph (4), an individual” for “An individual”. Subsec. (d)(2). Pub. L. 102–484, § 4438(a)(2), substituted “in accordance with paragraph (1) or (4), as the case may be)” for “in accordance with paragraph (1))”. Subsec. (d)(4). Pub. L. 102–484, § 4438(a)(3), added par. (4).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2004 AmendmentPub. L. 108–375, div. A, title XI, § 1101(c), Oct. 28, 2004, 118 Stat. 2072, provided that: “The amendments made by this section [amending this section and section 8906 of this title] shall apply with respect to Federal employees called or ordered to active duty on or after September 14, 2001.”
|
||||
|
||||
Effective Date of 1999 AmendmentAmendment by section 3244 of Pub. L. 106–65 effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as an Effective Date note under section 2401 of Title 50, War and National Defense.
|
||||
|
||||
Effective DateSection applicable with respect to any calendar year beginning, and contracts entered into or renewed for any calendar year beginning, after the end of the 9-month period beginning Nov. 14, 1988, and with respect to any qualifying event occurring on or after the first day of the first calendar year beginning after the end of such 9-month period, see section 203 of Pub. L. 100–654, set out as an Effective Date of 1988 Amendment note under section 8902 of this title.
|
||||
|
||||
Source of PaymentsPub. L. 102–484, div. D, title XLIV, § 4438(b)(1), Oct. 23, 1992, 106 Stat. 2725, provided that: “Any amount which becomes payable by an agency as a result of the enactment of subsection (a) [amending this section] shall be paid out of funds or appropriations available for salaries and expenses of such agency.”
|
||||
File diff suppressed because one or more lines are too long
@@ -0,0 +1,53 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 8906a"
|
||||
description: "Temporary employees"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "89"
|
||||
chapter_name: "HEALTH INSURANCE"
|
||||
section: "8906a"
|
||||
citation: "5 U.S.C. § 8906a"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s8906a"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "42e6962205f4f84773908b1e5f60082887a7b59f70a7a73088eabf7987c499de"
|
||||
raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
|
||||
text_hash: "c85b7ff7d34f70d3cb683c911d1151e98cb98d4172072d2c6e167646819f8cf8"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 8906a - Temporary employees
|
||||
|
||||
## Text
|
||||
|
||||
(a) (1) The Office of Personnel Management shall prescribe regulations to provide for offering health benefits plans to temporary employees (who meet the requirements of paragraph (2)) under the provisions of this chapter.
|
||||
|
||||
(2) To be eligible to participate in a health benefits plan offered under this section a temporary employee shall have completed 1 year of current continuous employment, excluding any break in service of 5 days or less.
|
||||
|
||||
(b) Notwithstanding the provisions of section 8906—
|
||||
|
||||
(1) any temporary employee enrolled in a health benefits plan under this section shall have an amount withheld from the pay of such employee, as determined by the Office of Personnel Management, equal to—
|
||||
|
||||
(A) the amount withheld from the pay of an employee under the provisions of section 8906; and
|
||||
|
||||
(B) the amount of the Government contribution for an employee under section 8906; and
|
||||
|
||||
(2) the employing agency of any such temporary employee shall not pay the Government contribution under the provisions of section 8906.
|
||||
|
||||
(Added Pub. L. 100–654, title III, § 301(a), Nov. 14, 1988, 102 Stat. 3846.)
|
||||
|
||||
## Notes
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DatePub. L. 100–654, title III, § 301(d), Nov. 14, 1988, 102 Stat. 3847, provided that: “The amendments made by this section [enacting this section and amending section 8913 of this title] shall be effective 120 days after the date of enactment of this section [Nov. 14, 1988].”
|
||||
@@ -0,0 +1,57 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 8907"
|
||||
description: "Information to individuals eligible to enroll"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "89"
|
||||
chapter_name: "HEALTH INSURANCE"
|
||||
section: "8907"
|
||||
citation: "5 U.S.C. § 8907"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s8907"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "2517b927812dbd4023b1634f30c64a77bee83061d62135636736e6e6a43fb882"
|
||||
raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
|
||||
text_hash: "cfb886fe55caa5e4a7166735c06b569c3b2bed83c1aa1c11c4c8d0abaf5490b4"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 8907 - Information to individuals eligible to enroll
|
||||
|
||||
## Text
|
||||
|
||||
(a) The Office of Personnel Management shall make available to each individual eligible to enroll in a health benefits plan under this chapter such information, in a form acceptable to the Office after consultation with the carrier, as may be necessary to enable the individual to exercise an informed choice among the types of plans described by sections 8903 and 8903a of this title.
|
||||
|
||||
(b) Each enrollee in a health benefits plan shall be issued an appropriate document setting forth or summarizing the—
|
||||
|
||||
(1) services or benefits, including maximums, limitations, and exclusions, to which the enrollee or the enrollee and any eligible family members are entitled thereunder;
|
||||
|
||||
(2) procedure for obtaining benefits; and
|
||||
|
||||
(3) principal provisions of the plan affecting the enrollee and any eligible family members.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 605; Pub. L. 95–454, title IX, § 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 98–615, § 3(5), Nov. 8, 1984, 98 Stat. 3204; Pub. L. 99–53, § 2(d), June 17, 1985, 99 Stat. 94.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 3009(d).Sept. 28, 1959, Pub. L. 86–382, § 10(d), 73 Stat. 715. 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
|
||||
|
||||
Amendments1985—Subsec. (a). Pub. L. 99–53 inserted reference to section 8903a of this title. 1984—Pub. L. 98–615, § 3(5)(C), substituted “individuals eligible to enroll” for “employees” in section catchline. Subsec. (a). Pub. L. 98–615, § 3(5)(A), substituted “individual” for “employee” in two places. Subsec. (b). Pub. L. 98–615, § 3(5)(B)(i), substituted “enrollee” for “employee enrolled” in provisions preceding par. (1). Subsec. (b)(1). Pub. L. 98–615, § 3(5)(B)(ii), substituted “enrollee or the enrollee and any eligible family members” for “employee or the employee and members of his family”. Subsec. (b)(3). Pub. L. 98–615, § 3(5)(B)(iii), substituted “the enrollee and any eligible family members” for “the employee or members of his family”. 1978—Subsec. (a). Pub. L. 95–454 substituted “Office of Personnel Management” and “Office” for “Civil Service Commission” and “Commission”, respectively.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1984 AmendmentAmendment 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 AmendmentAmendment 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.
|
||||
@@ -0,0 +1,59 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 8908"
|
||||
description: "Coverage of restored employees and survivor or disability annuitants"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "89"
|
||||
chapter_name: "HEALTH INSURANCE"
|
||||
section: "8908"
|
||||
citation: "5 U.S.C. § 8908"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s8908"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "fbfbc2a3e71c68ceb7f70b1392eba94429a90522fbaefc7537a19470e338a80d"
|
||||
raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
|
||||
text_hash: "7e4793e66dff4cba3fded78889b0484d5c408c559ac223c8d0879a53a55e0ae0"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 8908 - Coverage of restored employees and survivor or disability annuitants
|
||||
|
||||
## Text
|
||||
|
||||
(a) An employee enrolled in a health benefits plan under this chapter who is removed or suspended without pay and later reinstated or restored to duty on the ground that the removal or suspension was unjustified or unwarranted may, at his option, enroll as a new employee or have his coverage restored, with appropriate adjustments made in contributions and claims, to the same extent and effect as though the removal or suspension had not taken place.
|
||||
|
||||
(b) A surviving spouse whose survivor annuity under this title was terminated because of remarriage and is later restored may, under such regulations as the Office of Personnel Management may prescribe, enroll in a health benefits plan described by section 8903 or 8903a of this title if such spouse was covered by any such plan immediately before such annuity was terminated.
|
||||
|
||||
(c) A disability annuitant whose disability annuity under section 8337 of this title was terminated and is later restored under the second or third sentence of subsection (e) of such section may, under regulations prescribed by the Office, enroll in a health benefits plan described by section 8903 or 8903a of this title if such annuitant was covered by any such plan immediately before such annuity was terminated.
|
||||
|
||||
(d) A surviving child whose survivor annuity under section 8341(e) or 8443(b) was terminated and is later restored under paragraph (4) of section 8341(e) or the last sentence of section 8443(b) may, under regulations prescribed by the Office, enroll in a health benefits plan described by section 8903 or 8903a if such surviving child was covered by any such plan immediately before such annuity was terminated.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 605; Pub. L. 94–342, § 1(a), July 6, 1976, 90 Stat. 808; Pub. L. 95–454, title IX, § 906(a)(2), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 99–53, §§ 2(a), 3(a)(1), (2)(A), June 17, 1985, 99 Stat. 94, 95; Pub. L. 104–208, div. A, title I, § 101(f) [title VI, § 633(a)(3)], Sept. 30, 1996, 110 Stat. 3009–314, 3009–363.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 3009(c).Sept. 28, 1959, Pub. L. 86–382, § 10(c), 73 Stat. 715. Mar. 17, 1964, Pub. L. 88–284, § 1 (less (1)–(13)), 78 Stat. 165. 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
|
||||
|
||||
Amendments1996—Subsec. (d). Pub. L. 104–208 added subsec. (d). 1985—Pub. L. 99–53, § 3(a)(2)(A), inserted “or disability” after “and survivor” in section catchline. Subsec. (b). Pub. L. 99–53, § 2(a), inserted reference to section 8903a of this title. Subsec. (c). Pub. L. 99–53, § 3(a)(1), added subsec. (c). 1978—Subsec. (b). Pub. L. 95–454 substituted “Office of Personnel Management” for “Civil Service Commission”. 1976—Pub. L. 94–342 designated existing provisions as subsec. (a), added subsec. (b), and substituted “employees and survivor annuitants” for “employee” in section catchline.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1996 AmendmentAmendment by Pub. L. 104–208 applicable with respect to termination of marriage taking effect before, on, or after Sept. 30, 1996, except that benefits are payable only with respect to amounts accruing for periods beginning on first day of month beginning after the later of termination of marriage or Sept. 30, 1996, see section 101(f) [title VI, § 633(b)] of Pub. L. 104–208, set out as a note under section 8341 of this title.
|
||||
|
||||
Effective Date of 1978 AmendmentAmendment 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 AmendmentPub. L. 94–342, § 2, July 6, 1976, 90 Stat. 808, provided that: “The amendments made by the first section of this Act [amending this section] shall take effect on October 1, 1976, or on the date of the enactment of this Act [July 6, 1976], whichever date is later. Such amendments shall apply with respect to individuals whose survivor annuities are restored before, on, or after such date.”
|
||||
|
||||
Insurance Coverage for Restored Disability AnnuitantsFor provisions directing that subsec. (c) of this section shall apply with respect to any individual whose disability annuity is or was restored under section 8337(e) of this title after December 31, 1983, directing that the Office of Personnel Management notify each individual of any rights which such individual may have under subsec. (c) of this section, including any procedures or deadlines which might apply with respect to the exercise of those rights, directing that such notification be provided to any individual who, as of the 90th day after June 17, 1985, is receiving a disability annuity which was restored to such individual under section 8337(e) of this title after December 31, 1983, directing that nothing in subsec. (c) of this section be construed to authorize coverage under this chapter in the case of any individual who becomes enrolled in a health benefits plan under subsec. (c) of this section for any period before the date as of which such individual becomes so enrolled, and directing that such rule of construction apply with respect to any individual receiving a disability annuity which is or was restored under section 8337(e) of this title after December 31, 1983, and before the expiration of the 90-day period beginning on June 17, 1985, see section 3(c) of Pub. L. 99–53, set out as a note under section 8706 of this title.
|
||||
@@ -0,0 +1,93 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 8909"
|
||||
description: "Employees Health Benefits Fund"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "89"
|
||||
chapter_name: "HEALTH INSURANCE"
|
||||
section: "8909"
|
||||
citation: "5 U.S.C. § 8909"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s8909"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "b7806d3cf2f7f83fc77443103dba1d958c9c00ae8496d54eba83fa1bb695ded3"
|
||||
raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
|
||||
text_hash: "79cd1ab802aa743824bad9e3b0b657a3f9311f585368981472784091b885b992"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 8909 - Employees Health Benefits Fund
|
||||
|
||||
## Text
|
||||
|
||||
(a) There is in the Treasury of the United States an Employees Health Benefits Fund which is administered by the Office of Personnel Management. The contributions of enrollees and the Government described by section 8906 of this title shall be paid into the Fund. The Fund is available—
|
||||
|
||||
(1) without fiscal year limitation for all payments to approved health benefits plans; and
|
||||
|
||||
(2) to pay expenses for administering this chapter within the limitations that may be specified annually by Congress, except that the amounts required to be set aside under subsection (b)(2) shall not be subject to the limitations that may be specified annually by Congress.
|
||||
|
||||
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).
|
||||
|
||||
(b) Portions of the contributions made by enrollees and the Government shall be regularly set aside in the Fund as follows:
|
||||
|
||||
(1) A percentage, not to exceed 1 percent of all contributions, determined by the Office to be reasonably adequate to pay the administrative expenses made available by subsection (a) of this section.
|
||||
|
||||
(2) In fiscal year 2026, $66,000,000, to be derived from all contributions, and to remain available until the end of fiscal year 2035, for the Director of the Office to carry out subsections (c) through (f) of the FEHB Protection Act of 2025.
|
||||
|
||||
(3) For each health benefits plan, a percentage, not to exceed 3 percent of the contributions toward the plan, determined by the Office to be reasonably adequate to provide a contingency reserve.
|
||||
|
||||
The Office, from time to time and in amounts it considers appropriate, may transfer unused funds for administrative expenses to the contingency reserves of the plans then under contract with the Office. When funds are so transferred, each contingency reserve shall be credited in proportion to the total amount of the subscription charges paid and accrued to the plan for the contract term immediately before the contract term in which the transfer is made. The income derived from dividends, rate adjustments, or other refunds made by a plan shall be credited to its contingency reserve. The contingency reserves may be used to defray increases in future rates, or may be applied to reduce the contributions of enrollees and the Government to, or to increase the benefits provided by, the plan from which the reserves are derived, as the Office from time to time shall determine.
|
||||
|
||||
(c) The Secretary of the Treasury may invest and reinvest any of the money in the Fund in interest-bearing obligations of the United States, and may sell these obligations for the purposes of the Fund. The interest on and the proceeds from the sale of these obligations become a part of the Fund.
|
||||
|
||||
(d) When the assets, liabilities, and membership of employee organizations sponsoring or underwriting plans approved under section 8903(3) or 8903a of this title are merged, the assets (including contingency reserves) and liabilities of the plans sponsored or underwritten by the merged organizations shall be transferred at the beginning of the contract term next following the date of the merger to the plan sponsored or underwritten by the successor organization. Each employee, annuitant, former spouse, or person having continued coverage under section 8905a of this title affected by a merger shall be transferred to the plan sponsored or underwritten by the successor organization unless he enrolls in another plan under this chapter. If the successor organization is an organization described in section 8901(8)(B) of this title, any employee, annuitant, former spouse, or person having continued coverage under section 8905a of this title so transferred may not remain enrolled in the plan after the end of the contract term in which the merger occurs unless that individual is a full member of such organization (as determined under section 8903a(d) of this title).
|
||||
|
||||
(e) (1) Except as provided by subsection (d) of this section, when a plan described by section 8903(3) or (4) or 8903a of this title is discontinued under this chapter, the contingency reserve of that plan shall be credited to the contingency reserves of the plans continuing under this chapter for the contract term following that in which termination occurs, each reserve to be credited in proportion to the amount of the subscription charges paid and accrued to the plan for the year of termination.
|
||||
|
||||
(2) Any crediting required under paragraph (1) pursuant to the discontinuation of any plan under this chapter shall be completed by the end of the second contract year beginning after such plan is so discontinued.
|
||||
|
||||
(3) The Office shall prescribe regulations in accordance with which this subsection shall be applied in the case of any plan which is discontinued before being credited with the full amount to which it would otherwise be entitled based on the discontinuation of any other plan.
|
||||
|
||||
(f) (1) No tax, fee, or other monetary payment may be imposed, directly or indirectly, on a carrier or an underwriting or plan administration subcontractor of an approved health benefits plan by any State, the District of Columbia, or the Commonwealth of Puerto Rico, or by any political subdivision or other governmental authority thereof, with respect to any payment made from the Fund.
|
||||
|
||||
(2) Paragraph (1) shall not be construed to exempt any carrier or underwriting or plan administration subcontractor of an approved health benefits plan from the imposition, payment, or collection of a tax, fee, or other monetary payment on the net income or profit accruing to or realized by such carrier or underwriting or plan administration subcontractor from business conducted under this chapter, if that tax, fee, or payment is applicable to a broad range of business activity.
|
||||
|
||||
(g) The fund described in subsection (a) is available to pay costs that the Office incurs for activities associated with implementation of the demonstration project under section 1108 of title 10.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 605; Pub. L. 95–454, title IX, § 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 98–615, § 3(6), Nov. 8, 1984, 98 Stat. 3204; Pub. L. 99–53, § 2(e), (f), June 17, 1985, 99 Stat. 94; Pub. L. 99–251, title I, § 101, Feb. 27, 1986, 100 Stat. 14; Pub. L. 100–654, title II, § 202(a), Nov. 14, 1988, 102 Stat. 3845; Pub. L. 101–508, title VII, § 7002(b), (c), Nov. 5, 1990, 104 Stat. 1388–330; Pub. L. 105–261, div. A, title VII, § 721(b)(4), Oct. 17, 1998, 112 Stat. 2065; Pub. L. 105–266, § 6(b)(1), Oct. 19, 1998, 112 Stat. 2369; Pub. L. 119–21, title IX, § 90101(g), July 4, 2025, 139 Stat. 363.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 3007.Sept. 28, 1959, Pub. L. 86–382, § 8, 73 Stat. 714. Mar. 17, 1964, Pub. L. 88–284, § 1(12), (13), 78 Stat. 165. 5 U.S.C. 3008(b).Sept. 23, 1959, Pub. L. 86–382, § 9(b), 73 Stat. 715. 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.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe FEHB Protection Act of 2025, referred to in subsec. (b)(2), is section 90101(a)–(f) of title IX of Pub. L. 119–21, which is set out as a note under section 8905 of this title.
|
||||
|
||||
Amendments2025—Subsec. (a)(2). Pub. L. 119–21, § 90101(g)(1), inserted “, except that the amounts required to be set aside under subsection (b)(2) shall not be subject to the limitations that may be specified annually by Congress” before period at end. Subsec. (b)(2), (3). Pub. L. 119–21, § 90101(g)(2), added par. (2) and redesignated former par. (2) as (3). 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, § 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, § 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, § 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, § 2(f), inserted “or 8903a” before “of this title”. 1984—Subsecs. (a), (b). Pub. L. 98–615, § 3(6)(A), substituted “enrollees” for “employees, annuitants,” in provisions preceding par. (1). Subsec. (d). Pub. L. 98–615, § 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.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1990 AmendmentAmendment 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 AmendmentAmendment 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 AmendmentAmendment 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 AmendmentAmendment 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 PlanPub. L. 105–266, § 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 ReservesPub. L. 99–272, title XV, § 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 ReservesPub. L. 99–251, title I, § 112, Feb. 27, 1986, 100 Stat. 19, 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.”
|
||||
@@ -0,0 +1,87 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 8909a"
|
||||
description: "Postal Service Retiree Health Benefits Fund"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "89"
|
||||
chapter_name: "HEALTH INSURANCE"
|
||||
section: "8909a"
|
||||
citation: "5 U.S.C. § 8909a"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s8909a"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "0072e85573e21a131169dab13c96e1a3d0b857390a51817dd656796cf4125293"
|
||||
raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
|
||||
text_hash: "eb52a186cfc5ddc026796f929838131fcd0ee7d0a7051f05074cb8ac13032dea"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 8909a - Postal Service Retiree Health Benefits Fund
|
||||
|
||||
## Text
|
||||
|
||||
(a) There is in the Treasury of the United States a Postal Service Retiree Health Benefits Fund which is administered by the Office of Personnel Management.
|
||||
|
||||
(b) The Fund is available without fiscal year limitation for payments required under section 8906(g)(2)(A).
|
||||
|
||||
(c) The Secretary of the Treasury shall immediately invest, in interest-bearing securities of the United States such currently available portions of the Fund as are not immediately required for payments from the Fund. Such investments shall be made in the same manner as investments for the Civil Service Retirement and Disability Fund under section 8348.
|
||||
|
||||
(d) (1) Not later than June 30, 2026, and by June 30 of each succeeding year, the Office shall compute, for the most recently concluded fiscal year, the amount (if any) that Government contributions required to be paid from the Fund under section 8906(g)(2)(A) exceeded the estimated net claims costs under the enrollment of the individuals described in section 8906(g)(2)(A).
|
||||
|
||||
(2) Not later than September 30 of each year in which the Office makes a computation under paragraph (1), the United States Postal Service shall pay into the Fund the amount (if any) of the excess computed under such paragraph.
|
||||
|
||||
(e) Any computation required under section 3654(b) of title 39 shall be based on—
|
||||
|
||||
(1) the net present value of the future net claims costs with respect to—
|
||||
|
||||
(A) current annuitants of the United States Postal Service as of the end of the fiscal year ending on September 30 of the relevant reporting year; and
|
||||
|
||||
(B) current employees of the United States Postal Service who would, as of September 30 of that year—
|
||||
|
||||
(i) be eligible to become annuitants pursuant to section 8901(3)(A)(i) or (ii); and
|
||||
|
||||
(ii) if they were retired as of that date, meet the criteria for coverage of annuitants under section 8905(b);
|
||||
|
||||
(2) economic and actuarial methods and assumptions consistent with the methods and assumptions used in determining the Postal surplus or supplemental liability under section 8348(h); and
|
||||
|
||||
(3) any other methods and assumptions, including a health care cost trend rate, that the Director of the Office determines to be appropriate.
|
||||
|
||||
(f) After consultation with the United States Postal Service, the Office shall promulgate any regulations the Office determines necessary under this subsection.
|
||||
|
||||
(g) For purposes of this section, the term “estimated net claims costs” shall mean the difference between—
|
||||
|
||||
(1) the sum of—
|
||||
|
||||
(A) the estimated costs incurred by a carrier in providing health services to, paying for health services provided to, or reimbursing expenses for health services provided to, annuitants of the United States Postal Service and any other persons covered under the enrollment of such annuitants; and
|
||||
|
||||
(B) an amount of indirect expenses reasonably allocable to the provision, payment, or reimbursement described in subparagraph (A), as determined by the Office; and
|
||||
|
||||
(2) the amount withheld from the annuity of or paid by annuitants of the United States Postal Service under section 8906.
|
||||
|
||||
(Added Pub. L. 109–435, title VIII, § 803(a)(1)(B), Dec. 20, 2006, 120 Stat. 3251; amended Pub. L. 111–68, div. B, § 164(a), Oct. 1, 2009, 123 Stat. 2053; Pub. L. 112–33, § 124, Sept. 30, 2011, 125 Stat. 366; Pub. L. 112–74, div. C, title VI, § 632, Dec. 23, 2011, 125 Stat. 928; Pub. L. 117–108, title I, § 102(b), Apr. 6, 2022, 136 Stat. 1138.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2022—Pub. L. 117–108, § 102(b)(2), substituted “Benefits” for “Benefit” in section catchline. Subsecs. (d) to (g). Pub. L. 117–108, § 102(b)(1), added subsecs. (d) to (g) and struck out former subsec. (d) which related to various computations of net present value of future payments, payments into the Postal Retiree Health Benefits Fund, and promulgation of regulations. 2011—Subsec. (d)(3)(A)(v). Pub. L. 112–74 substituted “August 1, 2012” for “October 4, 2011”. See below. Pub. L. 112–33 substituted “October 4, 2011”, which is the date specified in section 106(3) of Pub. L. 112–33, for “September 30, 2011”. 2009—Subsec. (d)(3)(A)(iii). Pub. L. 111–68 amended cl. (iii) generally. Prior to amendment, cl. (iii) read as follows: “$5,400,000,000, not later than September 30, 2009;”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2009 AmendmentPub. L. 111–68, div. B, § 164(b), Oct. 1, 2009, 123 Stat. 2053, provided that: “The amendment made by subsection (a) [amending this section] shall take effect as if included in the enactment of section 803(a)(1)(B) of the Postal Accountability and Enhancement Act (Public Law 109–435; 120 Stat. 3251).”
|
||||
|
||||
Effective DateSection effective Oct. 1, 2006, see section 805(a) of Pub. L. 109–435, set out as a Effective Date of 2006 Amendment note under section 8334 of this title.
|
||||
|
||||
Application of Pub. L. 117–108Pub. L. 117–108, title I, § 102(c), Apr. 6, 2022, 136 Stat. 1139, provided that: “(1) Cancellation of payments.—Any payment required from the Postal Service under section 8909a of title 5, United States Code, as in effect on the day before the date of enactment of this Act [Apr. 6, 2022] that remains unpaid as of such date of enactment is canceled. “(2) Effect of this act.—In any determination relating to the future liability for retiree health benefits of the United States Postal Service or the Postal Service Retiree Health Benefits Fund, the Office of Personnel Management shall take into account the actual and reasonably expected effects of this Act [see Tables for classification].” [For definition of “Postal Service” as used in section 102(c) of Pub. L. 117–108, set out above, see section 102 of Title 39, Postal Service, as made applicable by section 2(b) of Pub. L. 117–108, which is set out as a note under section 501 of Title 39.]
|
||||
|
||||
Review by Postal Regulatory CommissionPub. L. 109–435, title VIII, § 803(b), Dec. 20, 2006, 120 Stat. 3252, provided that: “(1) In general.—“(A) Request for review.—Any regulation established under section 8909a(d)(5) of title 5, United States Code (as added by subsection (a)), shall, upon request of the United States Postal Service, be subject to a review by the Postal Regulatory Commission under this paragraph. “(B) Report.—Upon receiving a request under subparagraph (A), the Commission shall promptly procure the services of an actuary, who shall hold membership in the American Academy of Actuaries and shall be qualified in the evaluation of healthcare insurance obligations, to conduct a review in accordance with generally accepted actuarial practices and principles and to provide a report to the Commission containing the results of the review. The Commission, upon determining that the report satisfies the requirements of this paragraph, shall approve the report, with any comments it may choose to make, and submit it with any such comments to the Postal Service, the Office of Personnel Management, and Congress. “(2) Reconsideration.—Upon receiving the report under paragraph (1), the Office of Personnel Management shall reconsider its determination or redetermination in light of such report, and shall make any appropriate adjustments. The Office shall submit a report containing the results of its reconsideration to the Commission, the Postal Service, and Congress.”
|
||||
@@ -0,0 +1,61 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 8910"
|
||||
description: "Studies, reports, and audits"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "89"
|
||||
chapter_name: "HEALTH INSURANCE"
|
||||
section: "8910"
|
||||
citation: "5 U.S.C. § 8910"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s8910"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "0956a487f8200e7b1ec62ae7356c41811ea7b2610bf70527d2b76b75cae572f6"
|
||||
raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
|
||||
text_hash: "96ca46b25fa9e2dcfb9dbea789799607510d5426cc308fdc0dc2150513f5c28e"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 8910 - Studies, reports, and audits
|
||||
|
||||
## Text
|
||||
|
||||
(a) The Office of Personnel Management shall make a continuing study of the operation and administration of this chapter, including surveys and reports on health benefits plans available to employees and on the experience of the plans.
|
||||
|
||||
(b) Each contract entered into under section 8902 of this title shall contain provisions requiring carriers to—
|
||||
|
||||
(1) furnish such reasonable reports as the Office determines to be necessary to enable it to carry out its functions under this chapter; and
|
||||
|
||||
(2) permit the Office and representatives of the Government Accountability Office to examine records of the carriers as may be necessary to carry out the purposes of this chapter.
|
||||
|
||||
(c) Each Government agency shall keep such records, make such certifications, and furnish the Office with such information and reports as may be necessary to enable the Office to carry out its functions under this chapter.
|
||||
|
||||
(d) The Office, in consultation with the Department of Health and Human Services, shall develop and implement a system through which the carrier for an approved health benefits plan described by section 8903 or 8903a will be able to identify those annuitants or other individuals covered by such plan who are entitled to benefits under part A or B of title XVIII of the Social Security Act in order to ensure that payments under coordination of benefits with Medicare do not exceed the statutory maximums which physicians may charge Medicare enrollees.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 606; Pub. L. 95–454, title IX, § 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 101–508, title VII, § 7002(d), Nov. 5, 1990, 104 Stat. 1388–330; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 3010.Sept. 28, 1959, Pub. L. 86–382, § 11, 73 Stat. 716. In subsection (b), the word “agency” is substituted for “department, agency, and independent establishment”. 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 TextThe Social Security Act, referred to in subsec. (d), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Parts A and B of title XVIII of the Social Security Act are classified generally to parts A (§ 1395c et seq.) and B (§ 1395j et seq.), respectively, of subchapter XVIII of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
|
||||
|
||||
Amendments2004—Subsec. (b)(2). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”. 1990—Subsec. (d). Pub. L. 101–508 added subsec. (d). 1978—Subsecs. (a) to (c). Pub. L. 95–454 substituted “Office of Personnel Management” for “Civil Service Commission” and “Office” for “Commission” wherever appearing.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1990 AmendmentAmendment 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 1978 AmendmentAmendment 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.
|
||||
@@ -0,0 +1,49 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 8911"
|
||||
description: "Advisory committee"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "89"
|
||||
chapter_name: "HEALTH INSURANCE"
|
||||
section: "8911"
|
||||
citation: "5 U.S.C. § 8911"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s8911"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "02083ccb64ba3a0ededc4be9952f4d63ff9c59b7682e2615b144a7dc6b815f59"
|
||||
raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
|
||||
text_hash: "c85a2d939f436f84d1bbc0a101ba3927cf2a640bfe7b5fb87c783943eaa0aeb6"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 8911 - Advisory committee
|
||||
|
||||
## Text
|
||||
|
||||
The Director of the Office of Personnel Management shall appoint a committee composed of five members, who serve without pay, to advise the Office regarding matters of concern to employees under this chapter. Each member of the committee shall be an employee enrolled under this chapter or an elected official of an employee organization.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 607; Pub. L. 95–454, title IX, § 906(a)(1), (4), Oct. 13, 1978, 92 Stat. 1224, 1225.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 3012.Sept. 28, 1959, Pub. L. 86–382, § 13, 73 Stat. 716. 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
|
||||
|
||||
Amendments1978—Pub. L. 95–454 substituted “Director of the Office of Personnel Management” for “Chairman of the Civil Service Commission” and “Office” for “Commission”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1978 AmendmentAmendment 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.
|
||||
|
||||
Termination of Advisory CommitteesAdvisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 1013 of this title.
|
||||
@@ -0,0 +1,49 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 8912"
|
||||
description: "Jurisdiction of courts"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "89"
|
||||
chapter_name: "HEALTH INSURANCE"
|
||||
section: "8912"
|
||||
citation: "5 U.S.C. § 8912"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s8912"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "275d33a13f740e92981f838e0ebff5abf1141df269cba6321e7baa8ac5c0309a"
|
||||
raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
|
||||
text_hash: "7a0c67eef7ae1ec2c6b728c0ac94afa8ec891177b246199133e88a8cf5a7e2ca"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 8912 - Jurisdiction of courts
|
||||
|
||||
## Text
|
||||
|
||||
The district courts of the United States have original jurisdiction, concurrent with the United States Court of Federal Claims, of a civil action or claim against the United States founded on this chapter.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 607; Pub. L. 97–164, title I, § 160(a)(3), Apr. 2, 1982, 96 Stat. 48; Pub. L. 102–572, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 3014.Sept. 28, 1959, Pub. L. 86–382, § 15, 73 Stat. 716. 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
|
||||
|
||||
Amendments1992—Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”. 1982—Pub. L. 97–164 substituted “United States Claims Court” for “Court of Claims”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1992 AmendmentAmendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.
|
||||
|
||||
Effective Date of 1982 AmendmentAmendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.
|
||||
@@ -0,0 +1,65 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 8913"
|
||||
description: "Regulations"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "89"
|
||||
chapter_name: "HEALTH INSURANCE"
|
||||
section: "8913"
|
||||
citation: "5 U.S.C. § 8913"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s8913"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "083c3b8b2d778992b2ff3b51d8a6e39332ae2e64b94e9081ba6c445dd4bf02b7"
|
||||
raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
|
||||
text_hash: "27ff8dae07e90a744be13ff3e6869db07e977a05d2d1c7607e12640c991abdf3"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 8913 - Regulations
|
||||
|
||||
## Text
|
||||
|
||||
(a) The Office of Personnel Management may prescribe regulations necessary to carry out this chapter.
|
||||
|
||||
(b) The regulations of the Office may prescribe the time at which and the manner and conditions under which an employee is eligible to enroll in an approved health benefits plan described by section 8903 or 8903a of this title. The regulations may exclude an employee on the basis of the nature and type of his employment or conditions pertaining to it, such as short-term appointment, seasonal or intermittent employment, and employment of like nature. The Office may not exclude—
|
||||
|
||||
(1) an employee or group of employees solely on the basis of the hazardous nature of employment;
|
||||
|
||||
(2) a teacher in the employ of the Board of Education of the District of Columbia, whose pay is fixed by section 1501 of title 31, District of Columbia Code, on the basis of the fact that the teacher is serving under a temporary appointment if the teacher has been so employed by the Board for a period or periods totaling not less than two school years;
|
||||
|
||||
(3) an employee who is occupying a position on a part-time career employment basis (as defined in section 3401(2) of this title); or
|
||||
|
||||
(4) an employee who is employed on a temporary basis and is eligible under section 8906a(a).
|
||||
|
||||
(c) The regulations of the Office shall provide for the beginning and ending dates of coverage of employees, annuitants, members of their families, and former spouses under health benefits plans. The regulations may permit the coverage to continue, exclusive of the temporary extension of coverage described by section 8902(g) of this title, until the end of the pay period in which an employee is separated from the service, or until the end of the month in which an annuitant or former spouse ceases to be entitled to annuity, and in case of the death of an employee or annuitant, may permit a temporary extension of the coverage of members of his family for not to exceed 90 days.
|
||||
|
||||
(d) The Secretary of Agriculture shall prescribe regulations to effect the application and operation of this chapter to an individual named by section 8901(1)(H) of this title.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 607; Pub. L. 95–437, § 4(c)(1), Oct. 10, 1978, 92 Stat. 1058; Pub. L. 95–454, title IX, § 906(a)(2), (3), (c)(2)(F), (H), Oct. 13, 1978, 92 Stat. 1224, 1227; Pub. L. 98–615, § 3(7), Nov. 8, 1984, 98 Stat. 3204; Pub. L. 99–53, § 2(a), June 17, 1985, 99 Stat. 94; Pub. L. 100–654, title III, § 301(c), Nov. 14, 1988, 102 Stat. 3846.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large (a)5 U.S.C. 3009(a).Sept. 28, 1959, Pub. L. 86–382, § 10(a), 73 Stat. 715. (b)5 U.S.C. 3002(a) (words between 1st and 4th commas of 1st sentence, and 2d sentence), (f) (words between 1st and 2d commas of 1st sentence).Sept. 28, 1959, Pub. L. 86–382, § 3(a) (words between 1st and 4th commas of 1st sentence, and 2d sentence), 73 Stat. 710.July 1, 1960, Pub. L. 86–568, § 115(d) “(f) (words between 1st and 2d commas of 1st sentence)”, 74 Stat. 303. Oct. 6, 1964, Pub. L. 88–631, § 1, 78 Stat. 1007. (c)5 U.S.C. 3009(b).Sept. 28, 1959, Pub. L. 86–382, § 10(b), 73 Stat. 715. (d)5 U.S.C. 3002(f) (2d sentence).July 1, 1960, Pub. L. 86–568, § 115(d) “(f) (2d sentence)”, 74 Stat. 303. In subsection (b)(2), the words “section 1501 of title 31, District of Columbia Code” are substituted for “section 1 of the District of Columbia Teachers’ Salary Act of 1955 (69 Stat. 521), as amended (sec. 31–1501, D.C. Code, 1961 edition)”. 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
|
||||
|
||||
Amendments1988—Subsec. (b)(4). Pub. L. 100–654 added par. (4). 1985—Subsec. (b). Pub. L. 99–53 inserted reference to section 8903a of this title. 1984—Subsec. (c). Pub. L. 98–615, § 3(7), substituted “employees, annuitants, members of their families, and former spouses” for “employees and annuitants and members of their families”, and “in which an annuitant or former spouse” for “in which an annuitant”. 1978—Subsecs. (a), (b). Pub. L. 95–454, § 906(a)(2), (3), substituted “Office of Personnel Management” for “Civil Service Commission” and “Office” for “Commission” wherever appearing. Subsec. (b)(3). Pub. L. 95–454, § 906(c)(2)(F), (H), substituted “3401” for “3391”. Pub. L. 95–437 added par. (3). Subsec. (c). Pub. L. 95–454, § 906(a)(3), substituted “Office” for “Commission”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1988 AmendmentAmendment by Pub. L. 100–654 effective 120 days after Nov. 14, 1988, see section 301(d) of Pub. L. 100–654, set out as an Effective Date note under section 8906a of this title.
|
||||
|
||||
Effective Date of 1984 AmendmentAmendment 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 AmendmentAmendment 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.
|
||||
@@ -0,0 +1,35 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 8914"
|
||||
description: "Effect of other statutes"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "89"
|
||||
chapter_name: "HEALTH INSURANCE"
|
||||
section: "8914"
|
||||
citation: "5 U.S.C. § 8914"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s8914"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "332f939e9a93e37ccbe280bdb09e91c4364b144876a626df9a54248600150e06"
|
||||
raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
|
||||
text_hash: "8694945158ffd3de3255eaf5ab05f296a922a96ef8ab83725b7bde61fb168777"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 8914 - Effect of other statutes
|
||||
|
||||
## Text
|
||||
|
||||
Any provision of law outside of this chapter which provides coverage or any other benefit under this chapter to any individuals who (based on their being employed by an entity other than the Government) would not otherwise be eligible for any such coverage or benefit shall not apply with respect to any individual appointed, transferred, or otherwise commencing that type of employment on or after October 1, 1988.
|
||||
|
||||
(Added Pub. L. 100–238, title I, § 108(a)(3)(A), Jan. 8, 1988, 101 Stat. 1747.)
|
||||
Reference in New Issue
Block a user