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5 U.S.C. § 8908 — Coverage of restored employees and survivor or disability annuitants
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8337&num=0&edition=prelim) 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.
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Source file: Laws/federal/codes/united-states-code/title-5/section-8908-coverage-of-restored-employees-and-survivor-or-disability-annuitants--d64c23e0d0.md
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Source location: Title 5, Chapter 89, § 8908; chapter-089-health-insurance.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8337&num=0&edition=prelim) 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** A policy purchased under this chapter shall contain a provision, approved by the Office of Personnel Management, to the effect that insurance on an employee stops on his separation from the service or 12 months after discontinuance of his pay, whichever is earlier, subject to a provision for temporary extension of life insurance coverage and for conversion to an individual policy of life insurance under conditions approved by the Office. Justices and judges of the United States described in section 8701(a)(5)(ii) and (iii) of this chapter are deemed to continue in active employment for purposes of this chapter.
**(b)**
(1) In the case of any employee who retires on an immediate annuity and has been insured under this chapter throughout—
(A) the 5 years of service immediately preceding the date of the employee’s retirement, or
(B) the full period or periods of service during which the employee was entitled to be insured, if fewer than 5 years,
life insurance, without accidental death and dismemberment insurance, may be continued, under conditions determined by the Office.
(2) In the case of any employee who becomes entitled to receive compensation under subchapter I of chapter 81 of this title because of disease or injury to the employee and has been insured under this chapter throughout—
(A) the 5 years of service immediately preceding the date the employee becomes entitled to compensation, or
(B) the full period or periods of service during which the employee was entitled to be insured, if fewer than 5 years,
life insurance, without accidental death and dismemberment insurance, may be continued, under conditions determined by the Office, during the period the employee is receiving compensation and is held by the Secretary of Labor or the Secr
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8706
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** For the purpose of this section—
(1) “widow” means the surviving wife of an employee or Member who—
(A) was married to him for at least 9 months immediately before his death; or
(B) is the mother of issue by that marriage;
(2) “widower” means the surviving husband of an employee or Member who—
(A) was married to her for at least 9 months immediately before her death; or
(B) is the father of issue by that marriage;
(3) “dependent”, in the case of any child, means that the employee or Member involved was, at the time of the employee or Member’s death, either living with or contributing to the support of such child, as determined in accordance with such regulations as the Office of Personnel Management shall prescribe; and
(4) “child” means—
(A) an unmarried dependent child under 18 years of age, including (i) an adopted child, and (ii) a stepchild but only if the stepchild lived with the employee or Member in a regular parent-child relationship, and (iii) a recognized natural child, and (iv) a child who lived with and for whom a petition of adoption was filed by an employee or Member, and who is adopted by the surviving spouse of the employee or Member after his death;
(B) such unmarried dependent child regardless of age who is incapable of self-support because of mental or physical disability incurred before age 18; or
(C) such unmarried dependent child between 18 and 22 years of age who is a student regularly pursuing a full-time course of study or training in residence in a high school, trade school, technical or vocational institute, junior college, college, university, or comparable recognized educational institution.
For the purpose of this paragraph and subsection (e) of this section, a child whose 22nd birthday occurs before July
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8341
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** An employee who completes 5 years of civilian service and has become disabled shall be retired on the employee’s own application or on application by the employee’s agency. Any employee shall be considered to be disabled only if the employee is found by the Office of Personnel Management to be unable, because of disease or injury, to render useful and efficient service in the employee’s position and is not qualified for reassignment, under procedures prescribed by the Office, to a vacant position which is in the agency at the same grade or level and in which the employee would be able to render useful and efficient service. For the purpose of the preceding sentence, an employee of the United States Postal Service shall be considered not qualified for a reassignment described in that sentence if the reassignment is to a position in a different craft or is inconsistent with the terms of a collective bargaining agreement covering the employee. A judge of the United States Court of Appeals for the Armed Forces who completes 5 years of civilian service and who is found by the Office to be disabled for useful and efficient service as a judge of such court or who is removed for mental or physical disability under [section 942(c) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section942/c&num=0&edition=prelim) shall be retired on the judge’s own application or upon such removal. A Member who completes 5 years of Member service and is found by the Office to be disabled for useful and efficient service as a Member because of disease or injury shall be retired on the Member’s own application. An annuity authorized by this section is computed under [section 8339(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8337
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** In addition to any plan under [section 8903 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8903&num=0&edition=prelim), the Office of Personnel Management may contract for or approve one or more health benefits plans under this section.
**(b)** A plan under this section may not be contracted for or approved unless it—
(1) is sponsored or underwritten, and administered, in whole or substantial part, by an employee organization described in [section 8901(8)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8901/8/B&num=0&edition=prelim);
(2) offers benefits of the types named by paragraph (1) or (2) of [section 8904 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8904&num=0&edition=prelim) or both;
(3) provides for benefits only by paying for, or providing reimbursement for, the cost of such benefits (as provided for under paragraph (1) or (2) of [section 8903 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8903&num=0&edition=prelim)) or a combination thereof; and
(4) is available only to individuals who, at the time of enrollment, are full members of the organization and to members of their families.
**(c)** A contract for a plan approved under this section shall require the carrier—
(1) to enter into an agreement approved by the Office with an underwriting subcontractor licensed to issue group health insurance in all the States and the District of Columbia; or
(2) to demonstrate ability to meet reasonable minimum financial standards prescribed by the Office.
**(d)** For the purpose of this section, an individual shall be considered a full member of an organization if such individual is e
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8903a
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Federal law — U.S. Code and appendices · legal_authorities
The Office of Personnel Management is an independent establishment in the executive branch. The Office shall have an official seal, which shall be judicially noticed, and shall have its principal office in the District of Columbia, and may have field offices in other appropriate locations.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 1101
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Federal law — U.S. Code and appendices · legal_authorities
Page 1268
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 8908
Subsec. (b). Pub. L. 98–615, § 3(5)(B)(i), substituted
‘‘enrollee’’ for ‘‘employee enrolled’’ in provisions pre-
ceding par. (1).
Subsec. (b)(1). Pub. L. 98–615, § 3(5)(B)(ii), substituted
‘‘enrollee or the enrollee and any eligible family mem-
bers’’ for ‘‘employee or the employee and members of
his family’’.
Subsec. (b)(3). Pub. L. 98–615, § 3(5)(B)(iii), substituted
‘‘the enrollee and any eligible family members’’ for
‘‘the employee or members of his family’’.
1978—Subsec. (a). Pub. L. 95–454 substituted ‘‘Office of
Personnel Management’’ and ‘‘Office’’ for ‘‘Civil Serv-
ice Commission’’ and ‘‘Commission’’, respectively.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98–615 effective May 7, 1985,
with enumerated exceptions, and applicable to any in-
dividual 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 AMENDMENT
Amendment 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.
§ 8908. Coverage of restored employees and sur-
vivor or disability annuitants
(a) An employee enrolled in a health benefits
plan under this chapter who is removed or sus-
pended without pay and later reinstated or re-
stored 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 ad-
justments made in contributions and claims, to
the same extent and effect as though the re-
moval or suspension had not taken pl
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 8908
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.