
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 50USC403p]

 
                   TITLE 50--WAR AND NATIONAL DEFENSE
 
                      CHAPTER 15--NATIONAL SECURITY
 
            SUBCHAPTER I--COORDINATION FOR NATIONAL SECURITY
 
Sec. 403p. Health benefits for certain former spouses of Central 
        Intelligence Agency employees
        

(a) Persons eligible

    Except as provided in subsection (e) of this section, any 
individual--
        (1) formerly married to an employee or former employee of the 
    Agency, whose marriage was dissolved by divorce or annulment before 
    May 7, 1985;
        (2) who, at any time during the eighteen-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 ten years 
    during periods of service by such employee with the Agency, at least 
    five years of which were spent outside the United States by both the 
    employee and the former spouse,

is eligible for coverage under a health benefits plan in accordance with 
the provisions of this section.

(b) Enrollment for health benefits

    (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 six-month period 
beginning on October 1, 1986, 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 Director of Central Intelligence 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 Director of the Office of Personnel Management, upon 
notification by the Director of Central Intelligence, shall waive the 
six-month limitation set forth in paragraph (1) in any case in which the 
Director of Central Intelligence determines that the circumstances so 
warrant.

(c) Eligibility of former wives or husbands

    (1) Notwithstanding subsections (a) and (b) of this section and 
except as provided in subsections (d), (e), and (f) of this section, an 
individual--
        (A) who was divorced on or before December 4, 1991, from a 
    participant or retired participant in the Central Intelligence 
    Agency Retirement and Disability System or the Federal Employees 
    Retirement System Special Category;
        (B) who was married to such participant for not less than ten 
    years during the participant's creditable service, at least five 
    years of which were spent by the participant during the 
    participant's service as an employee of the Agency outside the 
    United States, or otherwise in a position the duties of which 
    qualified the participant for designation by the Director of Central 
    Intelligence as a participant under section 2013 of this title; and
        (C) who was enrolled in a health benefits plan as a family 
    member at any time during the 18-month period before the date of 
    dissolution of the marriage to such participant;

is eligible for coverage under a health benefits plan.
    (2) A former spouse eligible for coverage under paragraph (1) may 
enroll in a health benefits plan in accordance with subsection (b)(1) of 
this section, except that the election for such enrollment must be 
submitted within 60 days after the date on which the Director notifies 
the former spouse of such individual's eligibility for health insurance 
coverage under this subsection.

(d) Continuation of eligibility

    Notwithstanding subsections (a), (b), and (c) of this section and 
except as provided in subsections (e) and (f) of this section, an 
individual divorced on or before December 4, 1991, from a participant or 
retired participant in the Central Intelligence Agency Retirement and 
Disability System or Federal Employees' Retirement System Special 
Category who enrolled in a health benefits plan following the 
dissolution of the marriage to such participant may continue enrollment 
following the death of such participant notwithstanding the termination 
of the retirement annuity of such individual.

(e) Remarriage before age fifty-five; continued enrollment; restored 
        eligibility

    (1) Any former spouse who remarries before age fifty-five 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 or to subsection (d) 
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 fifty-five shall not be eligible for continued 
enrollment under this section after the end of the thirty-one-day period 
beginning on the date of remarriage.
    (3)(A) A former spouse who is not eligible to enroll or to continue 
enrollment in a health benefits plan under this section solely because 
of remarriage before age fifty-five shall be restored to such 
eligibility on the date such remarriage is dissolved by death, 
annulment, or divorce.
    (B) A former spouse whose eligibility is restored under subparagraph 
(A) may, under regulations which the Director of the Office of Personnel 
Management shall prescribe, enroll in a health benefits plan if such 
former spouse--
        (i) was an individual referred to in paragraph (1) and was an 
    individual covered under a benefits plan as a family member at any 
    time during the 18-month period before the date of dissolution of 
    the marriage to the Agency employee or annuitant; or
        (ii) was an individual referred to in paragraph (2) and was an 
    individual covered under a benefits plan immediately before the 
    remarriage ended the enrollment.

(f) Enrollment in health benefits plan under other authority

    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.

(g) ``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.

(June 20, 1949, ch. 227, Sec. 16, as added Pub. L. 99-569, title III, 
Sec. 303(a), Oct. 27, 1986, 100 Stat. 3194; amended Pub. L. 102-88, 
title III, Sec. 307(c), Aug. 14, 1991, 105 Stat. 433; Pub. L. 103-178, 
title II, Sec. 203(c), Dec. 3, 1993, 107 Stat. 2031.)

                          Codification

    Section was enacted as part of the Central Intelligence Agency Act 
of 1949, and not as part of the National Security Act of 1947 which 
comprises this chapter.


                               Amendments

    1993--Subsec. (a). Pub. L. 103-178, Sec. 203(c)(2)(A), substituted 
``subsection (e)'' for ``subsection (c)(1)'' in introductory provisions.
    Subsecs. (c), (d). Pub. L. 103-178, Sec. 203(c)(1), added subsecs. 
(c) and (d). Former subsecs. (c) and (d) redesignated (e) and (f), 
respectively.
    Subsec. (e). Pub. L. 103-178, Sec. 203(c)(2)(B), inserted ``or to 
subsection (d) of this section'' after ``subsection (b)(1) of this 
section'' in par. (2).
    Pub. L. 103-178, Sec. 203(c)(1)(A), redesignated subsec. (c) as (e). 
Former subsec. (e) redesignated (g).
    Subsecs. (f), (g). Pub. L. 103-178, Sec. 203(c)(1)(A), redesignated 
subsecs. (d) and (e) as (f) and (g), respectively.
    1991--Subsec. (c)(3). Pub. L. 102-88 added par. (3).


                    Effective Date of 1993 Amendment

    Amendment by section 203(c) of Pub. L. 103-178 applicable to 
individuals on and after Oct. 1, 1994, with no benefits provided 
pursuant to section 203(c) payable with respect to any period before 
Oct. 1, 1994, except that subsec. (d) of this section applicable to 
individuals beginning Dec. 3, 1993, see section 203(e) of Pub. L. 103-
178, set out as a Survivor Annuity, Retirement Annuity, and Health 
Benefits for Certain Ex-Spouses of Central Intelligence Agency 
Employees; Effective Date note under section 2032 of this title.


                    Effective Date of 1991 Amendment

    Section 307(d) of Pub. L. 102-88 provided that: ``The amendments 
made by this section [amending this section and provisions formerly set 
out as a note under section 403 of this title] shall take effect as of 
October 1, 1990. No benefits provided pursuant to the amendments made by 
this section shall be payable with respect to any period before such 
date.''


                             Effective Date

    Section 303(b) of Pub. L. 99-569 provided that: ``The amendment made 
by this section [enacting this section] shall take effect on October 1, 
1986.''


                       Compliance With Budget Act

    Section 307(e) of Pub. L. 102-88 provided that: ``Any new spending 
authority (within the meaning of section 401(c) of the Congressional 
Budget Act of 1974 [2 U.S.C. 651(c)]) provided pursuant to the 
amendments made by this section [amending this section and provisions 
formerly set out as a note under section 403 of this title] shall be 
effective for any fiscal year only to such extent or in such amounts as 
are provided in advance in appropriation Acts.''

                  Section Referred to in Other Sections

    This section is referred to in sections 403a, 403e, 403f of this 
title.
