PRIA, Government Policy, Made Personal

Summary

Lets certain former spouses of Foreign Service employees get federal health plan coverage if three rules are met: the divorce or annulment was before May 7, 1985; the person was on the employee’s family health plan at some time during the 18-month period before the divorce became final; and the couple was married for at least 10 years while the employee served in government. If you qualify, you may sign up for yourself or for yourself and your family. You must file the election within the 6-month period that starts on the effective date of this rule and pay into the Employees Health Benefits Fund (under section 8909 of title 5) the combined amount equal to what an employee and the agency would pay for the same plan and benefit level. The Secretary will try to find and notify eligible former spouses and can waive the 6-month deadline when appropriate. If you remarry before age 55, you cannot make the initial election. If you are already enrolled and then remarry before age 55, your coverage ends 31 days after the remarriage. You cannot use this coverage while you are enrolled under another health plan authority, and you may not have more than one enrollment under this rule. “Health benefits plan” means an approved plan under chapter 89 of title 5.

Title 22, §4069c–1

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(a)Except as provided in subsection (c)(1), any individual—

(1)formerly married to an employee or former employee of the Foreign Service, whose marriage was dissolved by divorce or annulment before May 7, 1985;

(2)who, at any time during the 18-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 10 years during periods of government service by such employee, is eligible for coverage under a health benefits plan in accordance with the provisions of this section.

(b)(1)Any individual eligible for coverage under subsection (a) may enroll in a health benefits plan for self alone or for self and family if, before the expiration of the 6-month period beginning on the effective date of this section, 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 Secretary 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); and

(B)to notify each such former spouse of that individual’s rights under this section.

(3)The Secretary shall waive the 6-month limitation set forth in paragraph (1) in any case in which the Secretary determines that the circumstances so warrant.

(c)(1)Any former spouse who remarries before age 55 is not eligible to make an election under subsection (b)(1).

(2)Any former spouse enrolled in a health benefits plan pursuant to an election under subsection (b)(1) 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 55 shall not be eligible for continued enrollment under this section after the end of the 31-day period beginning on the date of remarriage.

(d)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.

(e)For purposes of this section the term “health benefits plan” means an approved health benefits plan under chapter 89 of title 5.

Notes & Related Subsidiaries

Editorial Notes

References in Text

For the

Effective Date

of this section, referred to in subsec. (b)(1), see

Effective Date

note set out below.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 90 days after Jan. 8, 1988, see section 261(a) of Pub. L. 100–238, set out as an

Effective Date

of 1988 Amendment note under section 4054 of this title.

§4069c–1 Health Benefits for Certain Former Spouses

Summary

Title 22, §4069c–1

Notes & Related Subsidiaries

Editorial Notes

References in Text

Effective Date

Effective Date

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata