
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC8901]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart G--Insurance and Annuities
 
                      CHAPTER 89--HEALTH INSURANCE
 
Sec. 8901. Definitions

    For the purpose of this chapter--
        (1) ``employee'' means--
            (A) an employee as defined by section 2105 of this title;
            (B) a Member of Congress as defined by section 2106 of this 
        title;
            (C) a Congressional employee as defined by section 2107 of 
        this title;
            (D) the President;
            (E) an individual first employed by the government of the 
        District of Columbia before October 1, 1987;
            (F) an individual employed by Gallaudet College; \1\
---------------------------------------------------------------------------
    \1\ See Change of Name note below.
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            (G) an individual employed by a county committee established 
        under section 590h(b) of title 16;
            (H) an individual appointed to a position on the office 
        staff of a former President under section 1(b) of the Act of 
        August 25, 1958 (72 Stat. 838); and
            (I) an individual appointed to a position on the office 
        staff of a former President, or a former Vice President under 
        section 4 of the Presidential Transition Act of 1963, as amended 
        (78 Stat. 153), who immediately before the date of such 
        appointment was an employee as defined under any other 
        subparagraph of this paragraph;

    but does not include--
            (i) an employee of a corporation supervised by the Farm 
        Credit Administration if private interests elect or appoint a 
        member of the board of directors;
            (ii) an individual who is not a citizen or national of the 
        United States and whose permanent duty station is outside the 
        United States, unless the individual was an employee for the 
        purpose of this chapter on September 30, 1979, by reason of 
        service in an Executive agency, the United States Postal 
        Service, or the Smithsonian Institution in the area which was 
        then known as the Canal Zone;
            (iii) an employee of the Tennessee Valley Authority; or
            (iv) an employee excluded by regulation of the Office of 
        Personnel Management under section 8913(b) of this title;

        (2) ``Government'' means the Government of the United States and 
    the government of the District of Columbia;
        (3) ``annuitant'' means--
            (A) an employee who retires--
                (i) on an immediate annuity under subchapter III of 
            chapter 83 of this title, or another retirement system for 
            employees of the Government, after 5 or more years of 
            service;
                (ii) under section 8412 or 8414 of this title;
                (iii) for disability under subchapter III of chapter 83 
            of this title, chapter 84 of this title, or another 
            retirement system for employees of the Government; or
                (iv) on an immediate annuity under a retirement system 
            established for employees described in section 2105(c), in 
            the case of an individual who elected under section 
            8347(q)(2) or 8461(n)(2) to remain subject to such a system;

            (B) a member of a family who receives an immediate annuity 
        as the survivor of an employee (including a family member 
        entitled to an amount under section 8442(b)(1)(A), whether or 
        not such family member is entitled to an annuity under section 
        8442(b)(1)(B)) or of a retired employee described by 
        subparagraph (A) of this paragraph;
            (C) an employee who receives monthly compensation under 
        subchapter I of chapter 81 of this title and who is determined 
        by the Secretary of Labor to be unable to return to duty; and
            (D) a member of a family who receives monthly compensation 
        under subchapter I of chapter 81 of this title as the surviving 
        beneficiary of--
                (i) an employee who dies as a result of injury or 
            illness compensable under that subchapter; or
                (ii) a former employee who is separated after having 
            completed 5 or more years of service and who dies while 
            receiving monthly compensation under that subchapter and who 
            has been held by the Secretary to have been unable to return 
            to duty;

        (4) ``service'', as used by paragraph (3) of this section, means 
    service which is creditable under subchapter III of chapter 83 or 
    chapter 84 of this title;
        (5) ``member of family'' means the spouse of an employee or 
    annuitant and an unmarried dependent child under 22 years of age, 
    including--
            (A) an adopted child or recognized natural child; and
            (B) a stepchild or foster child but only if the child lives 
        with the employee or annuitant in a regular parent-child 
        relationship;

    or such an unmarried dependent child regardless of age who is 
    incapable of self-support because of mental or physical disability 
    which existed before age 22;
        (6) ``health benefits plan'' means a group insurance policy or 
    contract, medical or hospital service agreement, membership or 
    subscription contract, or similar group arrangements provided by a 
    carrier for the purpose of providing, paying for, or reimbursing 
    expenses for health services;
        (7) ``carrier'' means a voluntary association, corporation, 
    partnership, or other nongovernmental organization which is lawfully 
    engaged in providing, paying for, or reimbursing the cost of, health 
    services under group insurance policies or contracts, medical or 
    hospital service agreements, membership or subscription contracts, 
    or similar group arrangements, in consideration of premiums or other 
    periodic charges payable to the carrier, including a health benefits 
    plan duly sponsored or underwritten by an employee organization and 
    an association of organizations or other entities described in this 
    paragraph sponsoring a health benefits plan;
        (8) ``employee organization'' means--
            (A) an association or other organization of employees which 
        is national in scope, or in which membership is open to all 
        employees of a Government agency who are eligible to enroll in a 
        health benefits plan under this chapter and which, after 
        December 31, 1978, and before January 1, 1980, applied to the 
        Office for approval of a plan provided under section 8903(3) of 
        this title; and
            (B) an association or other organization which is national 
        in scope, in which membership is open only to employees, 
        annuitants, or former spouses, or any combination thereof, and 
        which, during the 90-day period beginning on the date of 
        enactment of section 8903a of this title, applied to the Office 
        for approval of a plan provided under such section;

        (9) ``dependent'', in the case of any child, means that the 
    employee or annuitant involved is either living with or contributing 
    to the support of such child, as determined in accordance with such 
    regulations as the Office shall prescribe;
        (10) ``former spouse'' means a former spouse of an employee, 
    former employee, or annuitant--
            (A) who has not remarried before age 55 after the marriage 
        to the employee, former employee, or annuitant was dissolved,
            (B) who was enrolled in an approved health benefits plan 
        under this chapter as a family member at any time during the 18-
        month period before the date of the dissolution of the marriage 
        to the employee, former employee, or annuitant, and
            (C)(i) who is receiving any portion of an annuity under 
        section 8345(j) or 8467 of this title or a survivor annuity 
        under section 8341(h) or 8445 of this title (or benefits similar 
        to either of the aforementioned annuity benefits under a 
        retirement system for Government employees other than the Civil 
        Service Retirement System or the Federal Employees' Retirement 
        System),
            (ii) as to whom a court order or decree referred to in 
        section 8341(h), 8345(j), 8445, or 8467 of this title (or 
        similar provision of law under any such retirement system other 
        than the Civil Service Retirement System or the Federal 
        Employees' Retirement System) has been issued, or for whom an 
        election has been made under section 8339(j)(3) or 8417(b) of 
        this title (or similar provision of law), or
            (iii) who is otherwise entitled to an annuity or any portion 
        of an annuity as a former spouse under a retirement system for 
        Government employees,

    except that such term shall not include any such unremarried former 
    spouse of a former employee whose marriage was dissolved after the 
    former employee's separation from the service (other than by 
    retirement); and
        (11) ``qualified clinical social worker'' means an individual--
            (A) who is licensed or certified as a clinical social worker 
        by the State in which such individual practices; or
            (B) who, if such State does not provide for the licensing or 
        certification of clinical social workers--
                (i) is certified by a national professional organization 
            offering certification of clinical social workers; or
                (ii) meets equivalent requirements (as prescribed by the 
            Office).

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 600; Pub. L. 90-83, Sec. 1(95), 
Sept. 11, 1967, 81 Stat. 219; Pub. L. 91-418, Secs. 2, 3(b), Sept. 25, 
1970, 84 Stat. 869; Pub. L. 93-160, Sec. 1(b), Nov. 27, 1973, 87 Stat. 
635; Pub. L. 95-368, Sec. 2, Sept. 17, 1978, 92 Stat. 606; Pub. L. 95-
454, title IX, Sec. 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224; Pub. 
L. 95-583, Sec. 2, Nov. 2, 1978, 92 Stat. 2482; Pub. L. 96-54, 
Sec. 2(a)(52), Aug. 14, 1979, 93 Stat. 384; Pub. L. 96-70, title I, 
Sec. 1209(c), Sept. 27, 1979, 93 Stat. 463; Pub. L. 96-179, Sec. 2, Jan. 
2, 1980, 93 Stat. 1299; Pub. L. 98-615, Sec. 3(1), Nov. 8, 1984, 98 
Stat. 3202; Pub. L. 99-53, Sec. 1(a), June 17, 1985, 99 Stat. 93; Pub. 
L. 99-251, title I, Sec. 105(a), Feb. 27, 1986, 100 Stat. 15; Pub. L. 
99-335, title II, Sec. 207(l), June 6, 1986, 100 Stat. 598; Pub. L. 99-
556, title V, Sec. 503, Oct. 27, 1986, 100 Stat. 3141; Pub. L. 100-679, 
Sec. 13(c), Nov. 17, 1988, 102 Stat. 4071; Pub. L. 101-508, title VII, 
Sec. 7202(l), Nov. 5, 1990, 104 Stat. 1388-339; Pub. L. 102-378, 
Sec. 2(75), Oct. 2, 1992, 106 Stat. 1355; Pub. L. 105-266, Sec. 3(a), 
Oct. 19, 1998, 112 Stat. 2366.)

                      Historical and Revision Notes
                                1966 Act
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 3001.                Sept. 28, 1959, Pub.
                                                    L. 86-382, Sec.  2,
                                                    73 Stat. 709.
                                                   July 8, 1963, Pub. L.
                                                    88-59, Sec.  1, 77
                                                    Stat. 76.
                     ............................  Mar. 17, 1964, Pub.
                                                    L. 88-284, Sec.
                                                    1(1)-(4), 78 Stat.
                                                    164.
                     ............................  Aug. 31, 1964, Pub.
                                                    L. 88-531, Sec.  1,
                                                    78 Stat. 737.
                     5 U.S.C. 3002(f) (1st         July 1, 1960, Pub. L.
                      sentence, less words          86-568, Sec.  115(d)
                      between 1st and 2d commas).   ``(f) (1st sentence,
                                                    less words between
                                                    1st and 2d
                                                    commas)'', 74 Stat.
                                                    303.
------------------------------------------------------------------------

    The definition of ``employee'' in section 2105 of this title is 
broad enough to cover the officers and employees covered by former 
section 3001 with the exception of a Member of Congress, the President, 
an individual employed by the government of the District of Columbia, an 
individual employed by Gallaudet College, a United States commissioner, 
and an Official Reporter of Debates of the Senate and an individual 
employed by him. The first five have been added in paragraphs (1)(B), 
(D), (E), (F), and (G). The latter are covered by the definition of 
``Congressional employee'' in section 2107 of this title and are 
included by the addition of a Congressional employee in paragraph 
(1)(C).
    In paragraph (1)(ii), the words ``the United States'' are 
substituted for ``a State of the United States or the District of 
Columbia''.
    Paragraph (1)(iv) is added for clarity.
    In paragraph (8), the words ``before January 1, 1964'' are 
substituted for ``on or before December 31, 1963''.
    The definition of ``Commission'' in former section 3001(h) is 
omitted as unnecessary as the full title ``Civil Service Commission'' is 
set forth the first time it is used in a section.
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.

                                1967 Act
------------------------------------------------------------------------
                                                    Source (Statutes at
 Section of title 5       Source (U.S. Code)               Large)
------------------------------------------------------------------------
8901(5)............  5 App.: 3001(d).              July 18, 1966, Pub.
                                                    L. 89-504, Sec.
                                                    601, 80 Stat. 303.
------------------------------------------------------------------------

                       References in Text

    Section 1(b) of the Act of August 25, 1958 (72 Stat. 838), referred 
to in par. (1)(H), is section 1(b) of Pub. L. 85-745 which is set out as 
a note under section 102 of Title 3, The President.
    Section 4 of the Presidential Transition Act of 1963, referred to in 
par. (1)(I), is section 4 of Pub. L. 88-277, which is set out as a note 
under section 102 of Title 3.
    The date of enactment of section 8903a of this title, referred to in 
par. (8)(B), means the date of enactment of Pub. L. 99-53, which enacted 
section 8903a and which was approved June 17, 1985.


                               Amendments

    1998--Par. (7). Pub. L. 105-266 substituted ``organization and an 
association of organizations or other entities described in this 
paragraph sponsoring a health benefits plan;'' for ``organization;''.
    1992--Par. (3)(A)(iv). Pub. L. 102-378, Sec. 2(75)(A), substituted 
``8347(q)(2)'' for ``8347(p)(2)''.
    Par. (10)(C)(ii). Pub. L. 102-378, Sec. 2(75)(B), inserted comma 
after ``8341(h)''.
    1990--Par. (3)(A)(iv). Pub. L. 101-508 added cl. (iv).
    1988--Par. (1)(H), (I). Pub. L. 100-679 added subpars. (H) and (I).
    1986--Par. (1)(E). Pub. L. 99-335, Sec. 207(l)(1), amended subpar. 
(E) generally, substituting ``first employed'' for ``employed'' and 
inserting ``before October 1, 1987''.
    Par. (3)(A). Pub. L. 99-335, Sec. 207(l)(2), amended subpar. (A) 
generally. Prior to amendment, subpar. (A) read as follows: ``an 
employee who retires on an immediate annuity under subchapter III of 
chapter 83 of this title or another retirement system for employees of 
the Government, after 5 or more years of service or for disability''.
    Par. (3)(B). Pub. L. 99-556 inserted ``(including a family member 
entitled to an amount under section 8442(b)(1)(A), whether or not such 
family member is entitled to an annuity under section 8442(b)(1)(B))''.
    Par. (4). Pub. L. 99-335, Sec. 207(l)(3), inserted ``or chapter 
84''.
    Par. (10)(C)(i). Pub. L. 99-335, Sec. 207(l)(4), inserted ``or 
8467'', ``or 8445'', and ``or the Federal Employees' Retirement 
System''.
    Par. (10)(C)(ii). Pub. L. 99-335, Sec. 207(l)(5), substituted 
``8345(j), 8445, or 8467'' for ``or 8345(j)'' and inserted ``or the 
Federal Employees' Retirement System'' and ``or 8417(b)''.
    Par. (11). Pub. L. 99-251 added par. (11).
    1985--Par. (8). Pub. L. 99-53 amended par. (8) generally, 
designating existing provisions as subpar. (A) and adding subpar. (B).
    1984--Par. (10). Pub. L. 98-615 added par. (10).
    1980--Par. (5). Pub. L. 96-179, Sec. 2(1), inserted ``dependent'' 
after ``unmarried'' in provisions preceding subpar. (A) and in 
provisions following subpar. (B), inserted ``or recognized natural 
child'' after ``child'' in subpar. (A), and substituted ``or foster 
child but only if the child;'' for ``, foster child, or recognized 
natural child who'' in subpar. (B).
    Par. (9). Pub. L. 96-179, Sec. 2(2)-(4), added par. (9).
    1979--Par. (1). Pub. L. 96-70 in cl. (ii) substituted provisions 
relating to an individual who was an employee for the purpose of this 
chapter on Sept. 30, 1979, by reason of service in an Executive agency, 
United States Postal Service, or Smithsonian Institution in area which 
was then known as Canal Zone for provisions relating to Panama Canal 
Zone.
    Pub. L. 96-54 struck out cl. (G) which related to coverage of a 
United States Commissioner as an ``employee'', and redesignated cl. (H) 
as (G).
    1978--Par. (1)(iv). Pub. L. 95-454 substituted ``Office of Personnel 
Management'' for ``Civil Service Commission''.
    Par. (3)(A). Pub. L. 95-583 reduced period of service to 5 from 12 
years.
    Par. (8). Pub. L. 95-454 substituted ``Office'' for ``Commission''.
    Pub. L. 95-368 substituted ``after December 31, 1978, and before 
January 1, 1980'' for ``before January 1, 1964''.
    1973--Par. (1)(ii). Pub. L. 93-160 excluded from definition of 
``employee'' persons who are not nationals of United States and whose 
permanent duty station is outside United States and Panama Canal Zone.
    1970--Par. (1)(ii). Pub. L. 91-418, Sec. 3(b), excluded from 
definition of ``employee'' a noncitizen employee whose permanent duty 
station is outside Panama Canal Zone.
    Par. (3)(B). Pub. L. 91-418, Sec. 2(a), redefined ``annuitant'' to 
be a member of a family who receives an immediate annuity as the 
survivor of an employee rather than as the survivor of an employee who 
dies after completing 5 or more years of service.
    Par. (3)(D)(i). Pub. L. 91-418, Sec. 2(b), redefined ``annuitant'' 
to be a member of a family who receives monthly compensation as the 
surviving beneficiary of an employee who dies as a result of a 
compensable injury or illness rather than as the survivor of an employee 
who, having completed 5 or more years of service, so dies.

                         Change of Name

    Gallaudet College, referred to in par. (1)(F), was redesignated 
Gallaudet University by section 101(a) of Pub. L. 99-371, which is 
classified to section 4301(a) of Title 20, Education.


                    Effective Date of 1992 Amendment

    Amendment by section 2(75)(A) of Pub. L. 102-378 effective Nov. 5, 
1990, and amendment by section 2(75)(B) of Pub. L. 102-378 effective 
Oct. 2, 1992, see section 9(a), (b)(6) of Pub. L. 102-378, set out as a 
note under section 6303 of this title.


                    Effective Date of 1990 Amendment

    Amendment by Pub. L. 101-508 applicable with respect to any 
individual who, on or after Jan. 1, 1987, moves from employment in 
nonappropriated fund instrumentality of Department of Defense or Coast 
Guard, that is described in section 2105(c) of this title, to employment 
in Department or Coast Guard, that is not described in section 2105(c), 
or who moves from employment in Department or Coast Guard, that is not 
described in section 2105(c), to employment in nonappropriated fund 
instrumentality of Department or Coast Guard, that is described in 
section 2105(c), see section 7202(m)(1) of Pub. L. 101-508, set out as a 
note under section 2105 of this title.


                    Effective Date of 1986 Amendments

    Amendment by Pub. L. 99-335 effective Jan. 1, 1987, see section 
702(a) of Pub. L. 99-335, set out as an Effective Date note under 
section 8401 of this title.
    Section 105(c) of Pub. L. 99-251 provided that: ``The amendments 
made by subsections (a) and (b) [amending this section and section 8902 
of this title] shall be effective with respect to contracts entered into 
or renewed for calendar years beginning after December 31, 1986.''


                    Effective Date of 1984 Amendment

    Amendment 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 1980 Amendment

    Amendment by Pub. L. 96-179 effective Jan. 2, 1980, except that no 
benefits under this chapter that are made available by reason of 
amendment of this section and section 8341 of this title by Pub. L. 96-
179 shall be payable for any period before Oct. 1, 1979, see section 
5(a) of Pub. L. 96-179, set out as a note under section 8341 of this 
title.


                    Effective Date of 1979 Amendments

    Amendment by Pub. L. 96-70 effective Oct. 1, 1979, see section 3304 
of Pub. L. 96-70, set out as an Effective Date note under section 3601 
of Title 22, Foreign Relations and Intercourse.
    Amendment by Pub. L. 96-54 effective July 12, 1979, see section 2(b) 
of Pub. L. 96-54, set out as a note under section 305 of this title.


                    Effective Date of 1978 Amendments

    Amendment by Pub. L. 95-583 effective Nov. 2, 1978, see section 3 of 
Pub. L. 95-583, set out as a note under section 8706 of this title.
    Amendment 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.


                      Short Title of 2000 Amendment

    Pub. L. 106-394, Sec. 1, Oct. 30, 2000, 114 Stat. 1629, provided 
that: ``This Act [amending sections 8421a and 8905 of this title and 
enacting provisions set out as a note under section 8421a of this title] 
may be cited as the `Federal Employees Health Benefits Children's Equity 
Act of 2000'.''


                      Short Title of 1998 Amendment

    Pub. L. 105-266, Sec. 1, Oct. 19, 1998, 112 Stat. 2363, provided 
that: ``This Act [enacting section 8903b of this title, amending this 
section and sections 5948, 8902 to 8903, and 8909 of this title, and 
enacting provisions set out as notes under this section and sections 
5948, 8902, 8902a, 8903b, and 8909 of this title] may be cited as the 
`Federal Employees Health Care Protection Act of 1998'.''


                      Short Title of 1988 Amendment

    Pub. L. 100-654, Sec. 1, Nov. 14, 1988, 102 Stat. 3837, provided 
that: ``This Act [enacting sections 8440a, 8902a, 8905a, and 8906a of 
this title, amending sections 8902, 8903, 8905, 8909, and 8913 of this 
title, and enacting provisions set out as notes under sections 8902, 
8902a, and 8906a of this title] may be cited as the `Federal Employees 
Health Benefits Amendments Act of 1988'.''


                      Short Title of 1986 Amendment

    Section 1 of Pub. L. 99-251 provided that: ``This Act [amending this 
section, sections 1103, 3502, 5334, 5924, 6312, 8332, 8339 to 8342, 
8345, 8902, 8903, 8905, and 8909 of this title, and section 35 of Title 
24, Hospitals and Asylums, enacting provisions set out as notes under 
this section and sections 7901, 8339, 8341, 8345, 8902, 8904, 8905, and 
8909 of this title, and amending provisions set out as notes under 
sections 8341 and 8902 of this title] may be cited as the `Federal 
Employees Benefits Improvement Act of 1986'.''


  Continued Coverage for Individuals Enrolled in Plan Administered by 
   Federal Deposit Insurance Corporation or for Employees of Board of 
                   Governors of Federal Reserve System

    Pub. L. 105-266, Sec. 4, Oct. 19, 1998, 112 Stat. 2367, provided 
that:
    ``(a) Enrollment in Chapter 89 Plan.--For purposes of chapter 89 of 
title 5, United States Code, any period of enrollment--
        ``(1) in a health benefits plan administered by the Federal 
    Deposit Insurance Corporation before the termination of such plan on 
    or before January 2, 1999; or
        ``(2) subject to subsection (c), in a health benefits plan (not 
    under chapter 89 of such title) with respect to which the 
    eligibility of any employees or retired employees of the Board of 
    Governors of the Federal Reserve System terminates on or before 
    January 2, 1999,
shall be deemed to be a period of enrollment in a health benefits plan 
under chapter 89 of such title.
    ``(b) Continued Coverage.--(1) Subject to subsection (c), any 
individual who, on or before January 2, 1999, is enrolled in a health 
benefits plan described in subsection (a)(1) or (2) may enroll in an 
approved health benefits plan under chapter 89 of title 5, United States 
Code, either as an individual or for self and family, if, after taking 
into account the provisions of subsection (a), such individual--
        ``(A) meets the requirements of such chapter for eligibility to 
    become so enrolled as an employee, annuitant, or former spouse 
    (within the meaning of such chapter); or
        ``(B) would meet those requirements if, to the extent such 
    requirements involve either retirement system under such title 5, 
    such individual satisfies similar requirements or provisions of the 
    Retirement Plan for Employees of the Federal Reserve System.
Any determination under subparagraph (B) shall be made under guidelines 
which the Office of Personnel Management shall establish in consultation 
with the Board of Governors of the Federal Reserve System.
    ``(2) Subject to subsection (c), any individual who, on or before 
January 2, 1999, is entitled to continued coverage under a health 
benefits plan described in subsection (a)(1) or (2) shall be deemed to 
be entitled to continued coverage under section 8905a of title 5, United 
States Code, but only for the same remaining period as would have been 
allowable under the health benefits plan in which such individual was 
enrolled on or before January 2, 1999, if--
        ``(A) such individual had remained enrolled in such plan; and
        ``(B) such plan did not terminate, or the eligibility of such 
    individual with respect to such plan did not terminate, as described 
    in subsection (a).
    ``(3) Subject to subsection (c), any individual (other than an 
individual under paragraph (2)) who, on or before January 2, 1999, is 
covered under a health benefits plan described in subsection (a)(1) or 
(2) as an unmarried dependent child, but who does not then qualify for 
coverage under chapter 89 of title 5, United States Code, as a family 
member (within the meaning of such chapter) shall be deemed to be 
entitled to continued coverage under section 8905a of such title, to the 
same extent and in the same manner as if such individual had, on or 
before January 2, 1999, ceased to meet the requirements for being 
considered an unmarried dependent child of an enrollee under such 
chapter.
    ``(4) Coverage under chapter 89 of title 5, United States Code, 
pursuant to an enrollment under this section shall become effective on 
January 3, 1999 or such earlier date as established by the Office of 
Personnel Management after consultation with the Federal Deposit 
Insurance Corporation or the Board of Governors of the Federal Reserve 
System, as appropriate.
    ``(c) Eligibility for FEHBP Limited to Individuals Losing 
Eligibility Under Former Health Plan.--Nothing in subsection (a)(2) or 
any paragraph of subsection (b) (to the extent such paragraph relates to 
the plan described in subsection (a)(2)) shall be considered to apply 
with respect to any individual whose eligibility for coverage under such 
plan does not involuntarily terminate on or before January 2, 1999.
    ``(d) Transfers to the Employees Health Benefits Fund.--The Federal 
Deposit Insurance Corporation and the Board of Governors of the Federal 
Reserve System shall transfer to the Employees Health Benefits Fund 
under section 8909 of title 5, United States Code, amounts determined by 
the Director of the Office of Personnel Management, after consultation 
with the Federal Deposit Insurance Corporation and the Board of 
Governors of the Federal Reserve System, to be necessary to reimburse 
the Fund for the cost of providing benefits under this section not 
otherwise paid for by the individuals covered by this section. The 
amounts so transferred shall be held in the Fund and used by the Office 
of Personnel Management in addition to amounts available under section 
8906(g)(1) of such title.
    ``(e) Administration and Regulations.--The Office of Personnel 
Management--
        ``(1) shall administer the provisions of this section to provide 
    for--
            ``(A) a period of notice and open enrollment for individuals 
        affected by this section; and
            ``(B) no lapse of health coverage for individuals who enroll 
        in a health benefits plan under chapter 89 of title 5, United 
        States Code, in accordance with this section; and
        ``(2) may prescribe regulations to implement this section.''


Continued Coverage for Individuals Enrolled in Plan Administered by Farm 
                          Credit Administration

    Pub. L. 104-37, title VI, Sec. 601, Oct. 21, 1995, 109 Stat. 328, 
provided that:
    ``(a) For purposes of the administration of chapter 89 of title 5, 
United States Code, any period of enrollment under a health benefits 
plan administered by the Farm Credit Administration prior to the 
effective date of this Act [Oct. 21, 1995] shall be deemed to be a 
period of enrollment in a health benefits plan under chapter 89 of such 
title.
    ``(b)(1) An individual who, on September 30, 1995, is covered by a 
health benefits plan administered by the Farm Credit Administration may 
enroll in an approved health benefits plan described under section 8903 
or 8903a of title 5, United States Code--
        ``(A) either as an individual or for self and family, if such 
    individual is an employee, annuitant, or former spouse as defined 
    under section 8901 of such title; and
        ``(B) for coverage effective on and after September 30, 1995.
    ``(2) An individual who, on September 30, 1995, is entitled to 
continued coverage under a health benefits plan administered by the Farm 
Credit Administration--
        ``(A) shall be deemed to be entitled to continued coverage under 
    section 8905a of title 5, United States Code, for the same period 
    that would have been permitted under the plan administered by the 
    Farm Credit Administration; and
        ``(B) may enroll in an approved health benefits plan described 
    under sections 8903 or 8903a of such title in accordance with 
    section 8905A of such title for coverage effective on and after 
    September 30, 1995.
    ``(3) An individual who, on September 30, 1995, is covered as an 
unmarried dependent child under a health benefits plan administered by 
the Farm Credit Administration and who is not a member of family as 
defined under section 8901(5) of title 5, United States Code--
        ``(A) shall be deemed to be entitled to continued coverage under 
    section 8905a of such title as though the individual had, on 
    September 30, 1995, ceased to meet the requirements for being 
    considered an unmarried dependent child under chapter 89 of such 
    title; and
        ``(B) may enroll in an approved health benefits plan described 
    under section 8903 or 8903a of such title in accordance with section 
    8905a for continued coverage on and after September 30, 1995.
    ``(c) The Farm Credit Administration shall transfer to the Federal 
Employees Health Benefits Fund established under section 8909 of title 
5, United States Code, amounts determined by the Director of the Office 
of Personnel Management, after consultation with the Farm Credit 
Administration, to be necessary to reimburse the Fund for the cost of 
providing benefits under this section not otherwise paid for by the 
individuals covered by this section. The amount so transferred shall be 
held in the Fund and used by the Office in addition to the amounts 
available under section 8906(g)(1) of such title.
    ``(d) The Office of Personnel Management--
        ``(1) shall administer the provisions of this section to provide 
    for--
            ``(A) a period of notice and open enrollment for individuals 
        affected by this section; and
            ``(B) no lapse of health coverage for individuals who enroll 
        in a health benefits plan under chapter 89 of title 5, United 
        States Code, in accordance with this section; and
        ``(2) may prescribe regulations to implement this section.''


  Continued Coverage for Individuals Enrolled in Plan Administered by 
     Office of the Comptroller of the Currency or Office of Thrift 
                               Supervision

    Pub. L. 103-409, Sec. 5, Oct. 25, 1994, 108 Stat. 4232, provided 
that:
    ``(a) Enrollment in Chapter 89 Plan.--For purposes of the 
administration of chapter 89 of title 5, United States Code, any period 
of enrollment under a health benefits plan administered by the Office of 
the Comptroller of the Currency or the Office of Thrift Supervision 
before the termination of such plans on January 7, 1995, shall be deemed 
to be a period of enrollment in a health benefits plan under chapter 89 
of such title.
    ``(b) Continued Coverage.--(1) Any individual who, on January 7, 
1995, is covered by a health benefits plan administered by the Office of 
the Comptroller of the Currency or the Office of Thrift Supervision may 
enroll in an approved health benefits plan described under section 8903 
or 8903a of title 5, United States Code--
        ``(A) either as an individual or for self and family, if such 
    individual is an employee, annuitant, or former spouse as defined 
    under section 8901 of such title; and
        ``(B) for coverage effective on and after January 8, 1995.
    ``(2) An individual who, on January 7, 1995, is entitled to 
continued coverage under a health benefits plan administered by the 
Office of the Comptroller of the Currency or the Office of Thrift 
Supervision--
        ``(A) shall be deemed to be entitled to continued coverage under 
    section 8905a of title 5, United States Code, for the same period 
    that would have been permitted under the plan administered by the 
    Office of the Comptroller of the Currency or the Office of Thrift 
    Supervision; and
        ``(B) may enroll in an approved health benefits plan described 
    under section 8903 or 8903a of such title in accordance with section 
    8905a of such title for coverage effective on and after January 8, 
    1995.
    ``(3) An individual who, on January 7, 1995, is covered as an 
unmarried dependent child under a health benefits plan administered by 
the Office of the Comptroller of the Currency or the Office of Thrift 
Supervision and who is not a member of family as defined under section 
8901(5) of title 5, United States Code--
        ``(A) shall be deemed to be entitled to continued coverage under 
    section 8905a of such title as though the individual had, on January 
    7, 1995, ceased to meet the requirements for being considered an 
    unmarried dependent child under chapter 89 of such title; and
        ``(B) may enroll in an approved health benefits plan described 
    under section 8903 or 8903a of such title in accordance with section 
    8905a for continued coverage effective on and after January 8, 1995.
    ``(c) Transfers to the Employees Health Benefits Fund.--The Office 
of the Comptroller of the Currency and the Office of Thrift Supervision 
shall transfer to the Employees Health Benefits Fund established under 
section 8909 of title 5, United States Code, amounts determined by the 
Director of the Office of Personnel Management, after consultation with 
the Office of the Comptroller of the Currency and the Office of Thrift 
Supervision, to be necessary to reimburse the Fund for the cost of 
providing benefits under this section not otherwise paid for by the 
individuals covered by this section. The amounts so transferred shall be 
held in the Fund and used by the Office in addition to amounts available 
under section 8906(g)(1) of such title.
    ``(d) Administration and Regulations.--The Office of Personnel 
Management--
        ``(1) shall administer the provisions of this section to provide 
    for--
            ``(A) a period of notice and open enrollment for individuals 
        affected by this section; and
            ``(B) no lapse of health coverage for individuals who enroll 
        in a health benefits plan under chapter 89 of title 5, United 
        States Code, in accordance with this section; and
        ``(2) may prescribe regulations to implement this section.''


 Continued Coverage Under Certain Federal Employee Benefit Programs for 
             Certain Employees of Saint Elizabeths Hospital

    For provisions relating to treatment of certain Federal employees of 
Saint Elizabeths Hospital under certain Federal employee benefit 
programs, see section 207(o) of Pub. L. 99-335, set out as a note under 
section 8331 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 8902, 8903, 8903a, 8905, 
8905a, 8906, 8909, 8913, 9001 of this title; title 2 section 162b; title 
10 section 1108; title 40 section 214c; title 42 section 251.
