
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC4069c-1]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                       CHAPTER 52--FOREIGN SERVICE
 
       SUBCHAPTER VIII--FOREIGN SERVICE RETIREMENT AND DISABILITY
 
        Part I--Foreign Service Retirement and Disability System
 
Sec. 4069c-1. Health benefits for certain former spouses


(a) Eligibility

    Except as provided in subsection (c)(1) of this section, any 
individual--
        (1) formerly married to an employee or former employee of the 
    Foreign Service, whose marriage was dissolved by divorce or 
    annulment before May 7, 1985;
        (2) who, at any time during the 18-month period before the 
    divorce or annulment became final, was covered under a health 
    benefits plan as a member of the family of such employee or former 
    employee; and
        (3) who was married to such employee for not less than 10 years 
    during periods of government service by such employee, is eligible 
    for coverage under a health benefits plan in accordance with the 
    provisions of this section.

(b) Prerequisites for enrollment; notification of rights

    (1) Any individual eligible for coverage under subsection (a) of 
this section may enroll in a health benefits plan for self alone or for 
self and family if, before the expiration of the 6-month period 
beginning on the effective date of this section, and in accordance with 
such procedures as the Director of the Office of Personnel Management 
shall by regulation prescribe, such individual--
        (A) files an election for such enrollment; and
        (B) arranges to pay currently into the Employees Health Benefits 
    Fund under section 8909 of title 5 an amount equal to the sum of the 
    employee and agency contributions payable in the case of an employee 
    enrolled under chapter 89 of such title in the same health benefits 
    plan and with the same level of benefits.

    (2) The Secretary shall, as soon as possible, take all steps 
practicable--
        (A) to determine the identity and current address of each former 
    spouse eligible for coverage under subsection (a) of this section; 
    and
        (B) to notify each such former spouse of that individual's 
    rights under this section.

    (3) The Secretary shall waive the 6-month limitation set forth in 
paragraph (1) in any case in which the Secretary determines that the 
circumstances so warrant.

(c) Disqualification

    (1) Any former spouse who remarries before age 55 is not eligible to 
make an election under subsection (b)(1) of this section.
    (2) Any former spouse enrolled in a health benefits plan pursuant to 
an election under subsection (b)(1) of this section may continue the 
enrollment under the conditions of eligibility which the Director of the 
Office of Personnel Management shall by regulation prescribe, except 
that any former spouse who remarries before age 55 shall not be eligible 
for continued enrollment under this section after the end of the 31-day 
period beginning on the date of remarriage.

(d) Prohibition on coverage by more than one plan

    No individual may be covered by a health benefits plan under this 
section during any period in which such individual is enrolled in a 
health benefits plan under any other authority, nor may any individual 
be covered under more than one enrollment under this section.

(e) ``Health benefits plan'' defined

    For purposes of this section the term ``health benefits plan'' means 
an approved health benefits plan under chapter 89 of title 5.

(Pub. L. 96-465, title I, Sec. 833, as added Pub. L. 100-238, title II, 
Sec. 204(a), Jan. 8, 1988, 101 Stat. 1772.)

                       References in Text

    For the effective date of this section, referred to in subsec. 
(b)(1), see Effective Date note set out below.


                             Effective Date

    Section effective 90 days after Jan. 8, 1988, see section 261(a) of 
Pub. L. 100-238, set out as an Effective Date of 1988 Amendment note 
under section 4054 of this title.
