5 U.S.C. § 8913 — Regulations
submitted 60 years ago by Pub. L. 89-554 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 367 words · no verdicts yet
OPM may issue regulations to run the federal employee health-benefits program, including rules on when and how employees can enroll, though it cannot exclude people just because their job is hazardous, or exclude certain temporary teachers, part-time career employees, or eligible temporary employees. The regulations also set when coverage starts and ends, including limited extensions after death or separation. The Secretary of Agriculture must write rules applying this chapter to one specific named individual.
(a) OPM may write whatever regulations are necessary to carry out this chapter.
(b) OPM's regulations may set the timing, manner, and conditions for an employee to enroll in an approved health plan. The regulations may exclude employees based on the nature of their job — like short-term appointments, seasonal work, or intermittent employment. But OPM may not exclude: (1) an employee or group of employees just because their job is hazardous; (2) a District of Columbia Board of Education teacher whose pay is set under a specific law, just because they are serving under a temporary appointment, if they have worked for the Board for at least two total school years; (3) an employee in a part-time career position (as defined in section 3401(2)); or (4) a temporary employee who is eligible under section 8906a(a).
(c) OPM's regulations must set the start and end dates of coverage for employees, annuitants, their family members, and former spouses. The regulations may let coverage continue — separately from the temporary extension in section 8902(g) — until the end of the pay period when an employee leaves the job, or the end of the month when an annuitant or former spouse stops being entitled to their annuity. If an employee or annuitant dies, the regulations may extend their family members' coverage temporarily, for up to 90 days.
(d) The Secretary of Agriculture must write regulations to apply and carry out this chapter for one specific individual named in section 8901(1)(H).
The Office of Personnel Management may prescribe regulations necessary to carry out this chapter.
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—
an employee or group of employees solely on the basis of the hazardous nature of employment;
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;
an employee who is occupying a position on a part-time career employment basis (as defined in section 3401(2) of this title); or
an employee who is employed on a temporary basis and is eligible under section 8906a(a).
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.
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.
Source credit: (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.)
- 1966Enacted · Pub. L. 89-554 · 80 Stat. 607
- 1978Amended · Pub. L. 95-437 · 92 Stat. 1058
- 1978Amended · Pub. L. 95-454 · 92 Stat. 1224, 1227
- 1984Amended · Pub. L. 98-615 · 98 Stat. 3204
- 1985Amended · Pub. L. 99-53 · 99 Stat. 94
- 1988Amended · Pub. L. 100-654 · 102 Stat. 3846
A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-554 on 1966-09-06.
all 0 arguments · sorted by: best
no arguments yet — make the first case