Title 5Government Organization and EmployeesRelease 119-73

§8913 Regulations

Title 5 › Part PART III— - EMPLOYEES › Subpart Subpart G— - Insurance and Annuities › Chapter CHAPTER 89— - HEALTH INSURANCE › § 8913

Last updated Apr 6, 2026|Official source

Summary

The Office of Personnel Management can make rules needed to run the health benefits part of the law. It can decide when and how employees can sign up for the health plans and may block enrollment for some workers because of the kind of job they have (for example short-term, seasonal, or similar work). The Office cannot block someone only because the job is hazardous. It also cannot block a District of Columbia teacher paid under section 1501 of title 31 who has worked at least two school years under temporary appointments, a part‑time career employee (see section 3401(2)), or a temporary employee who is eligible under section 8906a(a). The Office must set rules for when coverage starts and stops for employees, retirees (annuitants), their families, and former spouses. It can allow coverage to run until the end of the pay period when an employee leaves, or until the end of the month when a retiree or former spouse loses annuity. If an employee or retiree dies, the Office can allow family coverage to continue up to 90 days. The Secretary of Agriculture must make rules that apply to the person named in section 8901(1)(H).

Full Legal Text

Title 5, §8913

Government Organization and Employees — Source: USLM XML via OLRC

(a)The Office of Personnel Management may prescribe regulations necessary to carry out this chapter.
(b)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—
(1)an employee or group of employees solely on the basis of the hazardous nature of employment;
(2)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;
(3)an employee who is occupying a position on a part-time career employment basis (as defined in section 3401(2) of this title); or
(4)an employee who is employed on a temporary basis and is eligible under section 8906a(a).
(c)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.
(d)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.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

DerivationU.S. CodeRevised Statutes andStatutes at Large (a)5 U.S.C. 3009(a).Sept. 28, 1959, Pub. L. 86–382, § 10(a), 73 Stat. 715. (b)5 U.S.C. 3002(a) (words between 1st and 4th commas of 1st sentence, and 2d sentence), (f) (words between 1st and 2d commas of 1st sentence).Sept. 28, 1959, Pub. L. 86–382, § 3(a) (words between 1st and 4th commas of 1st sentence, and 2d sentence), 73 Stat. 710.
July 1, 1960, Pub. L. 86–568, § 115(d) “(f) (words between 1st and 2d commas of 1st sentence)”, 74 Stat. 303. Oct. 6, 1964, Pub. L. 88–631, § 1, 78 Stat. 1007. (c)5 U.S.C. 3009(b).Sept. 28, 1959, Pub. L. 86–382, § 10(b), 73 Stat. 715. (d)5 U.S.C. 3002(f) (2d sentence).
July 1, 1960, Pub. L. 86–568, § 115(d) “(f) (2d sentence)”, 74 Stat. 303. In subsection (b)(2), the words “section 1501 of title 31, District of Columbia Code” are substituted for “section 1 of the District of Columbia Teachers’ Salary Act of 1955 (69 Stat. 521), as amended (sec. 31–1501, D.C. Code, 1961 edition)”. 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

1988—Subsec. (b)(4). Pub. L. 100–654 added par. (4). 1985—Subsec. (b). Pub. L. 99–53 inserted reference to section 8903a of this title. 1984—Subsec. (c). Pub. L. 98–615, § 3(7), substituted “employees, annuitants, members of their families, and former spouses” for “employees and annuitants and members of their families”, and “in which an annuitant or former spouse” for “in which an annuitant”. 1978—Subsecs. (a), (b). Pub. L. 95–454, § 906(a)(2), (3), substituted “Office of Personnel Management” for “Civil Service Commission” and “Office” for “Commission” wherever appearing. Subsec. (b)(3). Pub. L. 95–454, § 906(c)(2)(F), (H), substituted “3401” for “3391”. Pub. L. 95–437 added par. (3). Subsec. (c). Pub. L. 95–454, § 906(a)(3), substituted “Office” for “Commission”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1988 AmendmentAmendment by Pub. L. 100–654 effective 120 days after Nov. 14, 1988, see section 301(d) of Pub. L. 100–654, set out as an

Effective Date

note under section 8906a of this title.

Effective Date

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.

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.

Reference

Citations & Metadata

Citation

5 U.S.C. § 8913

Title 5Government Organization and Employees

Last Updated

Apr 6, 2026

Release point: 119-73