
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: 5USC8908]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart G--Insurance and Annuities
 
                      CHAPTER 89--HEALTH INSURANCE
 
Sec. 8908. Coverage of restored employees and survivor or 
        disability annuitants
        
    (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, Sec. 1(a), 
July 6, 1976, 90 Stat. 808; Pub. L. 95-454, title IX, Sec. 906(a)(2), 
Oct. 13, 1978, 92 Stat. 1224; Pub. L. 99-53, Secs. 2(a), 3(a)(1), 
(2)(A), June 17, 1985, 99 Stat. 94, 95; Pub. L. 104-208, div. A, title 
I, Sec. 101(f) [title VI, Sec. 633(a)(3)], Sept. 30, 1996, 110 Stat. 
3009-314, 3009-363.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 3009(c).             Sept. 28, 1959, Pub.
                                                    L. 86-382, Sec.
                                                    10(c), 73 Stat. 715.
                     ............................  Mar. 17, 1964, Pub.
                                                    L. 88-284, Sec.  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.


                               Amendments

    1996--Subsec. (d). Pub. L. 104-208 added subsec. (d).
    1985--Pub. L. 99-53, Sec. 3(a)(2)(A), inserted ``or disability'' 
after ``and survivor'' in section catchline.
    Subsec. (b). Pub. L. 99-53, Sec. 2(a), inserted reference to section 
8903a of this title.
    Subsec. (c). Pub. L. 99-53, Sec. 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.


                    Effective Date of 1996 Amendment

    Amendment 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, 
Sec. 633(b)] of Pub. L. 104-208, set out as a note under section 8341 of 
this title.


                    Effective Date of 1978 Amendment

    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.


                    Effective Date of 1976 Amendment

    Section 2 of Pub. L. 94-342 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 Annuitants

    For 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.
