Title 5 — Government Organization and EmployeesRelease 119-73
§8908 Coverage of restored employees and survivor or disability annuitants
Title 5 › Part PART III— - EMPLOYEES › Subpart Subpart G— - Insurance and Annuities › Chapter CHAPTER 89— - HEALTH INSURANCE › § 8908
Summary
If a federal worker was suspended or fired without pay and later put back on the job because the action was found to be wrong, the worker can choose to sign up for health coverage like a new hire or have their old coverage put back. Any pay and claim records will be adjusted so the coverage works as if the suspension or removal never happened. A surviving spouse whose survivor annuity stopped because of remarriage, a disability retiree whose annuity under section 8337 was later restored, and a surviving child whose survivor annuity under section 8341(e) or 8443(b) was later restored can enroll in a health plan described by section 8903 or 8903a. They may do this under rules the Office of Personnel Management makes, but only if they had that plan right before the annuity ended.
Full Legal Text
Title 5, §8908
Government Organization and Employees — Source: USLM XML via OLRC
(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.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 3009(c).Sept. 28, 1959, Pub. L. 86–382, § 10(c), 73 Stat. 715. Mar. 17, 1964, Pub. L. 88–284, § 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.
Editorial Notes
Amendments
1996—Subsec. (d). Pub. L. 104–208 added subsec. (d). 1985—Pub. L. 99–53, § 3(a)(2)(A), inserted “or disability” after “and survivor” in section catchline. Subsec. (b). Pub. L. 99–53, § 2(a), inserted reference to section 8903a of this title. Subsec. (c). Pub. L. 99–53, § 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.
Statutory Notes and Related Subsidiaries
Effective Date
of 1996 AmendmentAmendment 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, § 633(b)] of Pub. L. 104–208, set out as a note under section 8341 of this title.
Effective Date
of 1978 AmendmentAmendment 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 Pub. L. 94–342, § 2, July 6, 1976, 90 Stat. 808, 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 AnnuitantsFor 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.
Reference
Citations & Metadata
Citation
5 U.S.C. § 8908
Title 5 — Government Organization and Employees
Last Updated
Apr 6, 2026
Release point: 119-73