5 U.S.C. § 8913 — Regulations

Page 1274 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8913 EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of Title 28, Judiciary and Judicial Proce- dure. § 8913. Regulations (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 condi- tions under which an employee is eligible to en- roll in an approved health benefits plan de- scribed 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 em- ployment, 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 em- ployment; (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 ap- pointment 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 tem- porary 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 fam- ilies, and former spouses under health benefits plans. The regulations may permit the coverage to continue, exclusive of the temporary exten- sion 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 serv- ice, 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 em- ployee or annuitant, may permit a temporary extension of the coverage of members of his fam- ily for not to exceed 90 days. (d) The Secretary of Agriculture shall pre- scribe regulations to effect the application and operation of this chapter to an individual named by section 8901(1)(H) of this title. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 607; Pub. L. 95–437, § 4(c)(1), Oct. 10, 1978, 92 Stat. 1058; Pub. L. 95–454, title IX, § 906(a)(2), (3), (c)(2)(F), (H), Oct. 13, 1978, 92 Stat. 1224, 1227; Pub. L. 98–615, § 3(7), Nov. 8, 1984, 98 Stat. 3204; Pub. L. 99–53, § 2(a), June 17, 1985, 99 Stat. 94; Pub. L. 100–654, title III, § 301(c), Nov. 14, 1988, 102 Stat. 3846.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large (a) ............. 5 U.S.C. 3009(a). Sept. 28, 1959, Pub. L. 86–382, § 10(a), 73 Stat. 715. HISTORICAL AND REVISION NOTES—CONTINUED Derivation U.S. Code Revised Statutes and Statutes at Large (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 sen- tence), 73 Stat. 710. July 1, 1960, Pub. L. 86–568, § 115(d) ‘‘(f) (words be- tween 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 ‘‘sec- tion 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 defi- nitions 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 annu- itant 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 ‘‘Commis- sion’’ wherever appearing. Subsec. (b)(3). Pub. L. 95–454, § 906(c)(2)(F), (H), sub- stituted ‘‘3401’’ for ‘‘3391’’. Pub. L. 95–437 added par. (3). Subsec. (c). Pub. L. 95–454, § 906(a)(3), substituted ‘‘Of- fice’’ for ‘‘Commission’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Amendment 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 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. § 8914. Effect of other statutes Any provision of law outside of this chapter which provides coverage or any other benefit under this chapter to any individuals who (based on their being employed by an entity other than the Government) would not otherwise be eligible