§8909 Employees Health Benefits Fund

DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 3007.Sept. 28, 1959, Pub. L. 86–382, § 8, 73 Stat. 714. Mar. 17, 1964, Pub. L. 88–284, § 1(12), (13), 78 Stat. 165. 5 U.S.C. 3008(b).Sept. 23, 1959, Pub. L. 86–382, § 9(b), 73 Stat. 715. In subsection (a), the words “hereby created” are omitted as executed. The words “hereinafter referred to as the ‘Fund’ ” are omitted as unnecessary. The words “to reimburse the Employees Health Benefits Fund for sums expended by the Commission in administering the provisions of this chapter for the fiscal years 1960 and 1961” in former section 3008(b) are omitted as executed. In subsection (d), the requirement that the assets and liabilities of plans of organizations that have been merged be transferred at the beginning of the contract term next following the date of the merger or enactment of this subsection is omitted as executed. The next beginning contract term referred to was November 1, 1964, and the transfers have been made. In the last sentence, the word “hereafter” is omitted as unnecessary. In subsection (e), the word “is” is substituted for “is or has been” as this title is stated prospectively, and any existing rights and duties are preserved by technical section 8. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface of the report.

The FEHB Protection Act of 2025, referred to in subsec. (b)(2), is section 90101(a)–(f) of title IX of Pub. L. 119–21, which is set out as a note under section 8905 of this title.

2025—Subsec. (a)(2). Pub. L. 119–21, § 90101(g)(1), inserted “, except that the amounts required to be set aside under subsection (b)(2) shall not be subject to the limitations that may be specified annually by Congress” before period at end. Subsec. (b)(2), (3). Pub. L. 119–21, § 90101(g)(2), added par. (2) and redesignated former par. (2) as (3). 1998—Subsec. (e). Pub. L. 105–266 designated existing provisions as par. (1) and added pars. (2) and (3). Subsec. (g). Pub. L. 105–261 added subsec. (g). 1990—Subsec. (a). Pub. L. 101–508, § 7002(b), inserted at end “Payments from the Fund to a plan participating in a letter-of-credit arrangement under this chapter shall, in connection with any payment or reimbursement to be made by such plan for a health service or supply, be made, to the maximum extent practicable, on a checks-presented basis (as defined under

of the Department of the Treasury).” Subsec. (f). Pub. L. 101–508, § 7002(c), added subsec. (f). 1988—Subsec. (d). Pub. L. 100–654 substituted “former spouse, or person having continued coverage under section 8905a of this title” for “or former spouse” in two places. 1986—Subsec. (b). Pub. L. 99–251 substituted “enrollees” for “employees” in last sentence. 1985—Subsec. (d). Pub. L. 99–53, § 2(e), substituted “section 8903(3) or 8903a” for “section 8903(3)” and inserted provision directing that if the successor organization is an organization described in section 8901(8)(B) of this title, any transferred employee, annuitant, or former spouse may not remain enrolled in the plan after the end of the contract term in which the merger occurs unless the individual is a full member of such organization (as determined under section 8903a(d) of this title). Subsec. (e). Pub. L. 99–53, § 2(f), inserted “or 8903a” before “of this title”. 1984—Subsecs. (a), (b). Pub. L. 98–615, § 3(6)(A), substituted “enrollees” for “employees, annuitants,” in provisions preceding par. (1). Subsec. (d). Pub. L. 98–615, § 3(6)(B), substituted “Each employee, annuitant, or former spouse” for “Each employee or annuitant”. 1978—Subsecs. (a), (b). Pub. L. 95–454 substituted “Office of Personnel Management” for “Civil Service Commission” and “Office” for “Commission” wherever appearing.

of 1990 AmendmentAmendment by Pub. L. 101–508 applicable with respect to contract years beginning on or after Jan. 1, 1991, see section 7002(g) of Pub. L. 101–508, set out as a note under section 8902 of this title.

of 1988 AmendmentAmendment by Pub. L. 100–654 applicable with respect to any calendar year beginning, and contracts entered into or renewed for any calendar year beginning, after end of 9-month period beginning Nov. 14, 1988, and with respect to any qualifying event occurring on or after first day of first calendar year beginning after end of such 9-month period, see section 203 of Pub. L. 100–654, set out as a note under section 8902 of this title.

of 1984 AmendmentAmendment 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.

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. Disposal of Amounts Remaining as of October 19, 1998, in Contingency Reserve of Discontinued Plan Pub. L. 105–266, § 6(b)(2), Oct. 19, 1998, 112 Stat. 2369, provided that: “In the case of any amounts remaining as of the date of the enactment of this Act [Oct. 19, 1998] in the contingency reserve of a discontinued plan, such amounts shall be disposed of in accordance with section 8909(e) of title 5, United States Code, as amended by this subsection, by— “(A) the deadline set forth in section 8909(e) of such title (as so amended); or “(B) if later, the end of the 6-month period beginning on such date of enactment.” Amounts To Be Refunded From Carriers’ Special Reserves Pub. L. 99–272, title XV, § 15202(a), Apr. 7, 1986, 100 Stat. 333, provided that: “(1) The Office of Personnel Management—“(A) shall determine the minimum level of financial reserves necessary to be held by a carrier for each health benefits plan under chapter 89 of such title for the purpose of ensuring the stable and efficient operation of such plan; and “(B) shall require the carrier to refund to the Employees Health Benefits Fund (described in section 8909(a) of title 5, United States Code) any such reserves in excess of such minimum level in such amounts and at such times during fiscal years 1986 and 1987 as the Office determines appropriate. “(2) In carrying out its responsibilities under this subsection, the Office shall ensure that the aggregate amount to be refunded to the Employees Health Benefits Fund under this subsection—“(A) during fiscal year 1986 shall be not less than $800,000,000; and “(B) during fiscal year 1987 shall be not less than $300,000,000. “(3) No amount in the Employees Health Benefits Fund may be transferred to the general fund of the Treasury of the United States as a result of a refund made under this subsection. “(4)(A) Subject to subparagraphs (B) and (C), any amounts refunded to the Employees Health Benefits Fund under this subsection may be used solely for the purpose of paying the Government contribution under chapter 89 of title 5, United States Code, for health benefits for annuitants, as defined by section 8901(3) of title 5, United States Code, (including the Government contribution for former employees of the United States Postal Service) enrolled in health benefits plans under such chapter. “(B) This paragraph applies to a refund to the extent that such refund represents amounts attributable to Government contributions which were made under section 8906(b) of title 5, United States Code, (including contributions made by the United States Postal Service) as determined under

which the Office of Personnel Management shall prescribe. “(C) Any part of the amount in the Employees Health Benefits Fund as a result of a refund made under this subsection may be transferred—“(i) to the government of the District of Columbia, except that the amount of any such part so transferred shall not exceed the amount attributable to the contributions made by the government of the District of Columbia to subscription charges under this chapter (as determined by the Office of Personnel Management); and “(ii) to the United States Postal Service, except that the amount of any such part so transferred shall not exceed the amount attributable to the contributions made by the United States Postal Service to subscription charges under this chapter (as determined by the Office). “(5) The provisions of this subsection shall apply notwithstanding any provision of the Federal Employees Benefits Improvement Act of 1985 [probably means the Federal Employees Benefits Improvement Act of 1986, Pub. L. 99–251, see

of 1986 Amendment note set out under section 8901 of this title for classification].” Restrictions Relating to Amounts Refunded to Employees Health Benefits Fund From Carriers’ Special Reserves Pub. L. 99–251, title I, § 112, Feb. 27, 1986, 100 Stat. 19, provided that: “(a) Prohibited Transfers.—(1) No amount in the Employees Health Benefits Fund may be transferred to the general fund of the Treasury of the United States or the United States Postal Service as a result of a refund described in paragraph (2). “(2) This subsection applies with respect to any refund made by a carrier during fiscal year 1986 or 1987 to the Employees Health Benefits Fund to the extent that such refund represents amounts in excess of the minimum level of financial reserves necessary to be held by such carrier to ensure the stable and efficient operation of its health benefits plan. “(b) Restriction Relating to Use of Certain Amounts in the Fund.—(1) Any amount which is in the Employees Health Benefits Fund, and which is described in paragraph (2), may be used solely for the purpose of paying the Government contribution under chapter 89 of title 5, United States Code, for health benefits for annuitants enrolled in health benefits plans (without regard to the health benefits plan or plans from which the refunds were received). “(2) This subsection applies with respect to any amounts—“(A) which are referred to in subsection (a)(2); and “(B) which are attributable to Government contributions (other than contributions by the government of the District of Columbia, which shall be returned to such government) that were made under section 8906(b) of title 5, United States Code, as determined under

which the Office of Personnel Management shall prescribe. “(c) Definitions.—For the purpose of this section—“(1) the term ‘Employees Health Benefits Fund’ refers to the fund described in section 8909(a) of title 5, United States Code; “(2) the term ‘carrier’ has the meaning given such term by section 8901(7) of such title; and “(3) the term ‘health benefits plan’ has the meaning given such term by section 8901(6) of such title.”