5 U.S.C. § 8906 — Contributions

Page 1262 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8906 Nov. 24, 2003, 117 Stat. 1777; Pub. L. 108–136, div. C, title XXXI, § 3141(m)(3), Nov. 24, 2003, 117 Stat. 1787; Pub. L. 108–375, div. A, title XI, § 1101(a), Oct. 28, 2004, 118 Stat. 2072; Pub. L. 109–163, div. A, title XI, § 1101, Jan. 6, 2006, 119 Stat. 3447; Pub. L. 110–422, title VI, § 615, Oct. 15, 2008, 122 Stat. 4800; Pub. L. 111–242, § 151, as added Pub. L. 111–322, title I, § 1(a)(2), Dec. 22, 2010, 124 Stat. 3519; Pub. L. 112–81, div. A, title XI, § 1123, Dec. 31, 2011, 125 Stat. 1617; Pub. L. 113–67, div. A, title VII, § 706(b), Dec. 26, 2013, 127 Stat. 1194.) Editorial Notes REFERENCES IN TEXT The date of enactment of this paragraph, referred to in subsec. (d)(4)(B), is the date of enactment of Pub. L. 102–484, which was approved Oct. 23, 1992. Section 4421 of the Atomic Energy Defense Act, re- ferred to in subsec. (d)(5)(A), was classified to section 2601 of Title 50, War and National Defense, prior to re- peal by Pub. L. 113–66, div. C, title XXXI, § 3146(e)(10), Dec. 26, 2013, 127 Stat. 1077. The date of the enactment of this paragraph, referred to in subsec. (d)(5)(B), is the date of enactment of Pub. L. 106–117, which was approved Nov. 30, 1999. The date of enactment of this paragraph, referred to in subsec. (d)(6)(B), is the date of enactment of Pub. L. 110–422, which was approved Oct. 15, 2008. AMENDMENTS 2013—Subsec. (d)(3)(A). Pub. L. 113–67, § 706(b)(1), in- serted ‘‘for self plus one or’’ before ‘‘for self and fam- ily’’. Subsec. (f)(3)(A). Pub. L. 113–67, § 706(b)(2), substituted ‘‘based on such person’s separation from service under a self plus one enrollment that covered the individual or under a self and family enrollment’’ for ‘‘for self and family based on such person’s separation from service’’. 2011—Subsec. (d)(4)(B). Pub. L. 112–81 substituted ‘‘De- cember 31, 2016’’ for ‘‘December 31, 2011’’ in cls. (i) and (ii) and substituted ‘‘February 1, 2017’’ for ‘‘February 1, 2012’’ in cl. (ii). 2010—Subsec. (d)(4)(B)(i). Pub. L. 111–242, § 151(1), as added by Pub. L. 111–322, substituted ‘‘December 31, 2011’’ for ‘‘October 1, 2010’’. Subsec. (d)(4)(B)(ii). Pub. L. 111–242, § 151(2), as added by Pub. L. 111–322, substituted ‘‘February 1, 2012’’ for ‘‘February 1, 2011’’ and ‘‘December 31, 2011’’ for ‘‘Octo- ber 1, 2010’’. 2008—Subsec. (d)(1)(A). Pub. L. 110–422, § 615(b), sub- stituted ‘‘(4), (5), and (6)’’ for ‘‘(4) and (5)’’ in introduc- tory provisions. Subsec. (d)(6). Pub. L. 110–422, § 615(a), added par. (6). 2006—Subsec. (d)(4)(B)(i). Pub. L. 109–163, § 1101(1), sub- stituted ‘‘October 1, 2010’’ for ‘‘October 1, 2006’’. Subsec. (d)(4)(B)(ii). Pub. L. 109–163, § 1101(2), sub- stituted ‘‘February 1, 2011’’ for ‘‘February 1, 2007’’ and ‘‘October 1, 2010’’ for ‘‘October 1, 2006’’. 2004—Subsec. (a). Pub. L. 108–375, § 1101(a)(1), struck out ‘‘paragraph (1) or (2) of’’ after ‘‘Any individual de- scribed in’’. Subsec. (b)(3). Pub. L. 108–375, § 1101(a)(2), added par. (3). Subsec. (e)(1)(C). Pub. L. 108–375, § 1101(a)(4), added subpar. (C). 2003—Subsec. (d)(5)(A). Pub. L. 108–136, § 3141(m)(3), substituted ‘‘section 4421 of the Atomic Energy Defense Act’’ for ‘‘section 3143 of the National Defense Author- ization Act for Fiscal Year 1997 (42 U.S.C. 7274n)’’. 2002—Subsec. (d)(4)(B)(i). Pub. L. 107–314, § 1103(1), sub- stituted ‘‘2006’’ for ‘‘2003’’. Subsec. (d)(4)(B)(ii). Pub. L. 107–314, § 1103(2), sub- stituted ‘‘2007’’ and ‘‘2006’’ for ‘‘2004’’ and ‘‘2003’’, respec- tively. 2000—Subsec. (d)(5)(A). Pub. L. 107–314, § 4603(h), for- merly Pub. L. 106–398, § 1 [div. C, title XXXI, § 3136(h)], as renumbered by Pub. L. 108–136, § 3141(i)(4)(A)–(C), in introductory provisions, inserted ‘‘, or a voluntary or involuntary separation from a Department of Energy position at a Department of Energy facility at which the Secretary is carrying out a closure project selected under section 3143 of the National Defense Authoriza- tion Act for Fiscal Year 1997 (42 U.S.C. 7274n)’’ after ‘‘readjustment’’. 1999—Subsec. (d)(1)(A). Pub. L. 106–117, § 1106(1), sub- stituted ‘‘paragraphs (4) and (5)’’ for ‘‘paragraph (4)’’ in introductory provisions. Subsec. (d)(2). Pub. L. 106–117, § 1106(2), substituted ‘‘(1), (4), or (5)’’ for ‘‘(1) or (4)’’. Subsec. (d)(4)(A). Pub. L. 106–65, § 3244, inserted ‘‘, or the Department of Energy due to a reduction in force resulting from the establishment of the National Nu- clear Security Administration’’ after ‘‘reduction in force’’ in introductory provisions. Subsec. (d)(4)(B). Pub. L. 106–65, § 1104(c), added cls. (i) and (ii) and struck out former cls. (i) and (ii) which read as follows: ‘‘(i) October 1, 1999; or ‘‘(ii) February 1, 2000, if specific notice of such separa- tion was given to such individual before October 1, 1999.’’ Subsec. (d)(5). Pub. L. 106–117, § 1106(3), added par. (5). 1996—Subsec. (d)(4)(A). Pub. L. 104–106, § 1036(1), in- serted ‘‘, or a voluntary separation from a surplus posi- tion,’’ after ‘‘an involuntary separation from a posi- tion’’ in introductory provisions. Subsec. (d)(4)(C). Pub. L. 104–106, § 1036(2), added sub- par. (C). 1994—Subsec. (d)(4)(B). Pub. L. 103–337 substituted ‘‘October 1, 1999’’ for ‘‘October 1, 1997’’ in cls. (i) and (ii) and ‘‘February 1, 2000’’ for ‘‘February 1, 1998’’ in cl. (ii). 1992—Subsec. (d)(1)(A). Pub. L. 102–484, § 4438(a)(1), substituted ‘‘Except as provided in paragraph (4), an in- dividual’’ for ‘‘An individual’’. Subsec. (d)(2). Pub. L. 102–484, § 4438(a)(2), substituted ‘‘in accordance with paragraph (1) or (4), as the case may be)’’ for ‘‘in accordance with paragraph (1))’’. Subsec. (d)(4). Pub. L. 102–484, § 4438(a)(3), added par. (4). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2004 AMENDMENT Pub. L. 108–375, div. A, title XI, § 1101(c), Oct. 28, 2004, 118 Stat. 2072, provided that: ‘‘The amendments made by this section [amending this section and section 8906 of this title] shall apply with respect to Federal em- ployees called or ordered to active duty on or after Sep- tember 14, 2001.’’ EFFECTIVE DATE OF 1999 AMENDMENT Amendment by section 3244 of Pub. L. 106–65 effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as an Effective Date note under section 2401 of Title 50, War and National Defense. EFFECTIVE DATE Section applicable with respect to any calendar year beginning, and contracts entered into or renewed for any calendar year beginning, after the end of the 9- month period beginning Nov. 14, 1988, and with respect to any qualifying event occurring on or after the first day of the first calendar year beginning after the end of such 9-month period, see section 203 of Pub. L. 100–654, set out as an Effective Date of 1988 Amendment note under section 8902 of this title. SOURCE OF PAYMENTS Pub. L. 102–484, div. D, title XLIV, § 4438(b)(1), Oct. 23, 1992, 106 Stat. 2725, provided that: ‘‘Any amount which becomes payable by an agency as a result of the enact- ment of subsection (a) [amending this section] shall be paid out of funds or appropriations available for sala- ries and expenses of such agency.’’ § 8906. Contributions (a)(1) Not later than October 1 of each year, the Office of Personnel Management shall deter- Page 1263 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8906 mine the weighted average of the subscription charges that will be in effect during the fol- lowing contract year with respect to— (A) enrollments under this chapter for self alone; (B) enrollments under this chapter for self plus one; and (C) enrollments under this chapter for self and family. (2) In determining each weighted average under paragraph (1), the weight to be given to a particular subscription charge shall, with re- spect to each plan (and option) to which it is to apply, be commensurate with the number of en- rollees enrolled in such plan (and option) as of March 31 of the year in which the determination is being made. (3) For purposes of paragraph (2), the term ‘‘enrollee’’ means any individual who, during the contract year for which the weighted aver- age is to be used under this section, will be eligi- ble for a Government contribution for health benefits. (b)(1) Except as provided in paragraphs (2), (3), and (4), the biweekly Government contribution for health benefits for an employee or annuitant enrolled in a health benefits plan under this chapter is adjusted to an amount equal to 72 per- cent of the weighted average under subsection (a)(1)(A) or (B), as applicable. For an employee, the adjustment begins on the first day of the employee’s first pay period of each year. For an annuitant, the adjustment begins on the first day of the first period of each year for which an annuity payment is made. (2) The biweekly Government contribution for an employee or annuitant enrolled in a plan under this chapter shall not exceed 75 percent of the subscription charge. (3) In the case of an employee who is occu- pying a position on a part-time career employ- ment basis (as defined in section 3401(2) of this title), the biweekly Government contribution shall be equal to the percentage which bears the same ratio to the percentage determined under this subsection (without regard to this para- graph) as the average number of hours of such employee’s regularly scheduled workweek bears to the average number of hours in the regularly scheduled workweek of an employee serving in a comparable position on a full-time career basis (as determined under regulations prescribed by the Office). (4) In the case of persons who are enrolled in a health benefits plan as part of the demonstra- tion project under section 1108 of title 10, the Government contribution shall be subject to the limitation set forth in subsection (i) of that sec- tion. (c) There shall be withheld from the pay of each enrolled employee and (except as provided in subsection (i) of this section) the annuity of each enrolled annuitant and there shall be con- tributed by the Government, amounts, in the same ratio as the contributions of the employee or annuitant and the Government under sub- section (b) of this section, which are necessary for the administrative costs and the reserves provided for by section 8909(b) of this title. (d) The amount necessary to pay the total charge for enrollment, after the Government contribution is deducted, shall be withheld from the pay of each enrolled employee and (except as provided in subsection (i) of this section) from the annuity of each enrolled annuitant. The withholding for an annuitant shall be the same as that for an employee enrolled in the same health benefits plan and level of benefits. (e)(1)(A) An employee enrolled in a health ben- efits plan under this chapter who is placed in a leave without pay status may have his coverage and the coverage of members of his family con- tinued under the plan for not to exceed 1 year under regulations prescribed by the Office. (B) During each pay period in which an enroll- ment continues under subparagraph (A)— (i) employee and Government contributions required by this section shall be paid on a cur- rent basis; and (ii) if necessary, the head of the employing agency shall approve advance payment, recov- erable in the same manner as under section 5524a(c), of a portion of basic pay sufficient to pay current employee contributions. (C) Each agency shall establish procedures for accepting direct payments of employee con- tributions for the purposes of this paragraph. (2) An employee who enters on approved leave without pay to serve as a full-time officer or em- ployee of an organization composed primarily of employees as defined by section 8901 of this title, within 60 days after entering on that leave without pay, may file with his employing agen- cy an election to continue his health benefits enrollment and arrange to pay currently into the Employees Health Benefits Fund, through his employing agency, both employee and agen- cy contributions from the beginning of leave without pay. The employing agency shall for- ward the enrollment charges so paid to the Fund. If the employee does not so elect, his en- rollment will continue during nonpay status and end as provided by paragraph (1) of this sub- section and implementing regulations. (3)(A) An employing agency may pay both the employee and Government contributions, and any additional administrative expenses other- wise chargeable to the employee, with respect to health care coverage for an employee described in subparagraph (B) and the family of such em- ployee. (B) An employee referred to in subparagraph (A) is an employee who— (i) is enrolled in a health benefits plan under this chapter; (ii) is a member of a reserve component of the armed forces; (iii) is called or ordered to active duty in support of a contingency operation (as defined in section 101(a)(13) of title 10); (iv) is placed on leave without pay or sepa- rated from service to perform active duty; and (v) serves on active duty for a period of more than 30 consecutive days. (C) Notwithstanding the one-year limitation on coverage described in paragraph (1)(A), pay- ment may be made under this paragraph for a period not to exceed 24 months. (f) The Government contribution, and any ad- ditional payments under subsection (e)(3)(A), for health benefits for an employee shall be paid— Page 1264 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8906 (1) in the case of employees generally, from the appropriation or fund which is used to pay the employee; (2) in the case of an elected official, from an appropriation or fund available for payment of other salaries of the same office or establish- ment; (3) in the case of an employee of the legisla- tive branch who is paid by the Chief Adminis- trative Officer of the House of Representa- tives, from the applicable accounts of the House of Representatives; and (4) in the case of an employee in a leave without pay status, from the appropriation or fund which would be used to pay the employee if he were in a pay status. (g)(1) Except as provided in paragraphs (2) and (3), the Government contributions authorized by this section for health benefits for an annuitant shall be paid from annual appropriations which are authorized to be made for that purpose and which may be made available until expended. (2)(A) The Government contributions author- ized by this section for health benefits for an in- dividual who first becomes an annuitant by rea- son of retirement from employment with the United States Postal Service on or after July 1, 1971, or for a survivor of such an individual or of an individual who died on or after July 1, 1971, while employed by the United States Postal Service, shall through September 30, 2016, be paid by the United States Postal Service, and thereafter shall be paid first from the Postal Service Retiree Health Benefits Fund up to the amount contained in the Fund, with any re- maining amount paid by the United States Post- al Service. (B) In determining any amount for which the Postal Service is liable under this paragraph, the amount of the liability shall be prorated to reflect only that portion of total service which is attributable to civilian service performed (by the former postal employee or by the deceased individual referred to in subparagraph (A), as the case may be) after June 30, 1971, as esti- mated by the Office of Personnel Management. (3) The Government contribution for persons enrolled in a health benefits plan as part of the demonstration project under section 1108 of title 10 shall be paid as provided in subsection (i) of that section. (h) The Office shall provide for conversion of biweekly rates of contribution specified by this section to rates for employees and annuitants paid on other than a biweekly basis, and for this purpose may provide for the adjustment of the converted rate to the nearest cent. (i) An annuitant whose annuity is insufficient to cover the withholdings required for enroll- ment in a particular health benefits plan may enroll (or remain enrolled) in such plan, not- withstanding any other provision of this section, if the annuitant elects, under conditions pre- scribed by regulations of the Office, to pay cur- rently into the Employees Health Benefits Fund, through the retirement system that ad- ministers the annuitant’s health benefits enroll- ment, an amount equal to the withholdings that would otherwise be required under this section. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 604; Pub. L. 90–83, § 1(96), Sept. 11, 1967, 81 Stat. 219; Pub. L. 91–418, § 1(a), Sept. 25, 1970, 84 Stat. 869; Pub. L. 93–246, § 1, Jan. 31, 1974, 88 Stat. 3; Pub. L. 94–310, § 3(a), June 15, 1976, 90 Stat. 687; Pub. L. 95–437, § 4(c)(2)(A), Oct. 10, 1978, 92 Stat. 1059; Pub. L. 95–454, title IX, § 906(a)(15), (c)(2)(F), Oct. 13, 1978, 92 Stat. 1226, 1227; Pub. L. 96–54, § 2(a)(53), Aug. 14, 1979, 93 Stat. 384; Pub. L. 99–272, title XV, § 15202(b), Apr. 7, 1986, 100 Stat. 334; Pub. L. 101–239, title IV, § 4003(a), Dec. 19, 1989, 103 Stat. 2135; Pub. L. 101–303, § 1(a), (b), May 29, 1990, 104 Stat. 250; Pub. L. 101–508, title VII, § 7102(a), (b), Nov. 5, 1990, 104 Stat. 1388–333; Pub. L. 102–378, § 2(78), Oct. 2, 1992, 106 Stat. 1355; Pub. L. 104–186, title II, § 215(19), Aug. 20, 1996, 110 Stat. 1747; Pub. L. 104–208, div. A, title I, § 101(f) [title IV, § 422], Sept. 30, 1996, 110 Stat. 3009–314, 3009–343; Pub. L. 105–33, title VII, § 7002(a), Aug. 5, 1997, 111 Stat. 662; Pub. L. 105–261, div. A, title VII, § 721(b)(2), (3), Oct. 17, 1998, 112 Stat. 2065; Pub. L. 107–107, div. A, title V, § 519(a), (b), Dec. 28, 2001, 115 Stat. 1096; Pub. L. 108–375, div. A, title XI, § 1101(b), Oct. 28, 2004, 118 Stat. 2072; Pub. L. 109–435, title VIII, § 803(a)(1)(A), Dec. 20, 2006, 120 Stat. 3251; Pub. L. 113–67, div. A, title VII, § 706(c), Dec. 26, 2013, 127 Stat. 1194.) HISTORICAL AND REVISION NOTES 1966 ACT Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 3006. Sept. 28, 1959, Pub. L. 86–382, § 7, 73 Stat. 713. Mar. 17, 1964, Pub. L. 88–284, § 1(10), (11), 78 Stat. 165. In subsection (f)(1), the words ‘‘in the case of employ- ees generally’’ are inserted for clarity. In subsection (h), the word ‘‘biweekly’’ is inserted for clarity. 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. 1967 ACT Section of title 5 Source (U.S. Code) Source (Statutes at Large) 8906(a) ....... 8906(b) ....... 8906(e)(2) ... 5 App.: 3006(a)(1). 5 App.: 3006(a)(2). 5 App.: 3006(b)(2). July 18, 1966, Pub. L. 89–504, §§ 406(b), 602, 80 Stat. 298, 303. In subsection (a), the words ‘‘subsection (b) of this section’’, ‘‘this chapter’’, and ‘‘subsection (c) of this section’’ are substituted for ‘‘paragraph (2) of this sub- section’’, ‘‘this Act’’, and ‘‘paragraph (3)’’, respectively, to reflect the codification of title 5, United States Code. In subsection (e)(2), the words ‘‘as defined by section 8901 of this title’’ are substituted for ‘‘as defined in sec- tion 2 of this Act’’ to reflect the codification of that section in 5 U.S.C. 8901. The words ‘‘Employees Health Benefits Fund’’ and ‘‘Fund’’ are substituted for ‘‘fund’’ and ‘‘fund’’, respectively. In the penultimate sentence, the words ‘‘will continue during nonpay status and end’’ are substituted for ‘‘will terminate’’ for clarity and on authority of 5 U.S.C. 8906(e)(1). Editorial Notes AMENDMENTS 2013—Subsec. (a)(1)(B), (C). Pub. L. 113–67 added sub- par. (B) and redesignated former subpar. (B) as (C). 2006—Subsec. (g)(2)(A). Pub. L. 109–435 substituted ‘‘shall through September 30, 2016, be paid by the United States Postal Service, and thereafter shall be paid first from the Postal Service Retiree Health Bene- Page 1265 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8906 fits Fund up to the amount contained in the Fund, with any remaining amount paid by the United States Post- al Service’’ for ‘‘shall be paid by the United States Postal Service’’. 2004—Subsec. (e)(3)(C). Pub. L. 108–375 substituted ‘‘24 months’’ for ‘‘18 months’’. 2001—Subsec. (e)(3). Pub. L. 107–107, § 519(a), added par. (3). Subsec. (f). Pub. L. 107–107, § 519(b), amended introduc- tory provisions generally. Prior to amendment, intro- ductory provisions read as follows: ‘‘The Government contributions for health benefits for an employee shall be paid—’’. 1998—Subsec. (b)(1). Pub. L. 105–261, § 721(b)(2)(A), sub- stituted ‘‘paragraphs (2), (3), and (4)’’ for ‘‘paragraphs (2) and (3)’’. Subsec. (b)(4). Pub. L. 105–261, § 721(b)(2)(B), added par. (4). Subsec. (g)(1). Pub. L. 105–261, § 721(b)(3)(A), sub- stituted ‘‘paragraphs (2) and (3)’’ for ‘‘paragraph (2)’’. Subsec. (g)(3). Pub. L. 105–261, § 721(b)(3)(B), added par. (3). 1997—Subsec. (a). Pub. L. 105–33 added subsec. (a) and struck out former subsec. (a) which read as follows: ‘‘The Office of Personnel Management shall determine the average of the subscription charges in effect on the beginning date of each contract year with respect to self alone or self and family enrollments under this chapter, as applicable, for the highest level of benefits offered by— ‘‘(1) the service benefit plan; ‘‘(2) the indemnity benefit plan; ‘‘(3) the two employee organization plans with the largest number of enrollments, as determined by the Office; and ‘‘(4) the two comprehensive medical plans with the largest number of enrollments, as determined by the Office.’’ Subsec. (b)(1). Pub. L. 105–33 added par. (1) and struck out former par. (1) which read as follows: ‘‘Except as provided by paragraphs (2) and (3) of this subsection, the biweekly Government contribution for health bene- fits for an employee or annuitant enrolled in a health benefits plan under this chapter is adjusted to an amount equal to 60 percent of the average subscription charge determined under subsection (a) of this section. For an employee, the adjustment begins on the first day of the employee’s first pay period of each year. For an annuitant, the adjustment begins on the first day of the first period of each year for which an annuity pay- ment is made.’’ 1996—Subsec. (e)(1). Pub. L. 104–208 struck out at end ‘‘The regulations may provide for the waiving of con- tributions by the employee and the Government.’’, in- serted subpar. (A) designation, and added subpars. (B) and (C). Subsec. (f)(3). Pub. L. 104–186 substituted ‘‘Chief Ad- ministrative Officer of the House of Representatives, from the applicable accounts of the House of Rep- resentatives’’ for ‘‘Clerk of the House of Representa- tives, from the contingent fund of the House’’. 1992—Subsec. (b)(3). Pub. L. 102–378, § 2(78)(A), inserted period after ‘‘Office)’’. Subsec. (c). Pub. L. 102–378, § 2(78)(B), substituted ‘‘and (except’’ for ‘‘and except’’. 1990—Subsec. (c). Pub. L. 101–303, § 1(b)(1), inserted ‘‘except as provided in subsection (i) of this section)’’ after ‘‘enrolled employee and’’. Subsec. (d). Pub. L. 101–303, § 1(b)(2), inserted ‘‘(except as provided in subsection (i) of this section)’’ after ‘‘en- rolled employee and’’. Subsec. (g)(2). Pub. L. 101–508 designated existing pro- visions as subpar. (A), substituted ‘‘July 1, 1971,’’ for ‘‘October 1, 1986,’’ in two places, and added subpar. (B). Subsec. (i). Pub. L. 101–303, § 1(a), added subsec. (i). 1989—Subsec. (g)(2). Pub. L. 101–239 inserted ‘‘or for a survivor of such an individual or of an individual who died on or after October 1, 1986, while employed by the United States Postal Service,’’ after ‘‘1986,’’. 1986—Subsec. (g). Pub. L. 99–272 designated existing provisions as par. (1) and added par. (2). 1979—Subsec. (b)(1). Pub. L. 96–54 substituted provi- sions setting forth adjustment amount of the Govern- ment contribution of equal to 60 percent of the average subscription charge under subsec. (a) and determina- tions respecting the commencement date of the adjust- ment, for provisions setting forth adjustment amounts of the Government contribution of equal to 50 percent of the average subscription charge under subsec. (a) for applicable pay periods beginning in 1974, and equal to 60 percent for pay periods beginning in 1975 and after, and determinations respecting the commencement date of the adjustment. 1978—Subsec. (a). Pub. L. 95–454, § 906(a)(15), sub- stituted ‘‘Office of Personnel Management’’ for ‘‘Com- mission’’ in introductory material, and ‘‘Office’’ for ‘‘Commission’’ in cls. (3) and (4). Subsec. (b)(1). Pub. L. 95–437, § 4(c)(2)(A)(i), sub- stituted ‘‘paragraphs (2) and (3)’’ for ‘‘paragraph (2)’’. Subsec. (b)(3). Pub. L. 95–454, § 906(a)(15), (c)(2)(F), sub- stituted ‘‘Office’’ for ‘‘Commission’’, and ‘‘3401’’ for ‘‘3391’’. Pub. L. 95–437, § 4(c)(2)(A)(ii), added par. (3). Subsecs. (e)(1), (h). Pub. L. 95–454, § 906(a)(15), sub- stituted ‘‘Office’’ for ‘‘Commission’’. 1976—Subsec. (g). Pub. L. 94–310 provided for payment of Government contributions from annual appropria- tions which may be made available until expended. 1974—Subsec. (a). Pub. L. 93–246, § 1(a), struck out in- troductory text ‘‘Except as provided by subsection (b) of this section, the biweekly Government contribution for health benefits for employees or annuitants en- rolled in health benefits plans under this chapter shall be adjusted’’, now incorporated in subsec. (b)(1) of this section, required Commission determination of average of subscription charges, and reenacted remainder of ex- isting provisions, substituting ‘‘beginning date of each contract year’’ for ‘‘beginning date of the adjustment’’. Subsec. (b)(1). Pub. L. 93–246, § 1(a), incorporated in- troductory text of former subsec. (a) reading ‘‘Except as provided by subsection (b) of this section, the bi- weekly Government contribution for health benefits for employees or annuitants enrolled in health benefits plans under this chapter shall be adjusted’’, as initial text of provisions designated as subsec. (b)(1), sub- stituted provision for amount of biweekly Government contribution equal to 50 percent of average subscription charge for applicable pay periods commencing in 1974 and 60 percent for applicable pay periods commencing in 1975, and annually thereafter, for former subsec. (a) provision for an amount equal to 40 percent of average of subscription charges and former subsec. (b) provision for 50 percent of subscription charge where the bi- weekly subscription charge was less than twice the Government contribution. Subsec. (b)(2). Pub. L. 93–246, § 1(a), added par. (2). Subsec. (c). Pub. L. 93–246, § 1(b), struck out reference to subsec. (a). Subsec. (g). Pub. L. 93–246, § 1(c), substituted ‘‘by this section’’ for ‘‘by subsection (a) of this section’’. 1970—Subsec. (a). Pub. L. 91–418, in increasing the Government contribution to the cost of health benefits insurance, substituted provision for adjustment of such contribution, beginning on the first day of the first pay period of each year, to an amount equal to 40 percent of the adjustment, with respect to self alone or self and family enrollments, as applicable, for the highest level of benefits offered by the service benefit plan, the in- demnity benefit plan, the two employee organization plans, and the two comprehensive medical plans, for prior provision for a contribution, in addition to re- quirement of subsec. (c) of this section, of $1.62 if the enrollment is for self or $3.94 if the enrollment is for self and family. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2006 AMENDMENT Amendment by Pub. L. 109–435 effective Oct. 1, 2006, see section 805(a) of Pub. L. 109–435, set out as a note under section 8334 of this title. Page 1266 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8906 EFFECTIVE DATE OF 2004 AMENDMENT Amendment by Pub. L. 108–375 applicable with re- spect to Federal employees called or ordered to active duty on or after Sept. 14, 2001, see section 1101(c) of Pub. L. 108–375, set out as a note under section 8905a of this title. EFFECTIVE DATE OF 2001 AMENDMENT Pub. L. 107–107, div. A, title V, § 519(c), Dec. 28, 2001, 115 Stat. 1096, provided that: ‘‘The amendments made by this section [amending this section] apply with re- spect to employees called to active duty on or after De- cember 8, 1995, and an agency may make retroactive payments to such employees for premiums paid on or after such date.’’ EFFECTIVE DATE OF 1997 AMENDMENT Pub. L. 105–33, title VII, § 7002(b), Aug. 5, 1997, 111 Stat. 662, provided that: ‘‘This section [amending this section] shall take effect on the first day of the con- tract year that begins in 1999. Nothing in this sub- section shall prevent the Office of Personnel Manage- ment from taking any action, before such first day, which it considers necessary in order to ensure the timely implementation of this section.’’ EFFECTIVE DATE OF 1990 AMENDMENTS Pub. L. 101–508, title VII, § 7102(c), Nov. 5, 1990, 104 Stat. 1388–333, provided that: ‘‘The amendments made by this section [amending this section] shall take effect on October 1, 1990, and shall apply with respect to amounts payable for periods beginning on or after that date.’’ Pub. L. 101–303, § 1(c), May 29, 1990, 104 Stat. 250, pro- vided that: ‘‘The amendments made by this section [amending this section] shall take effect on the date of enactment of this Act [May 29, 1990]. Any annuitant whose enrollment was terminated at any time before such date on account of such annuitant’s annuity being insufficient to cover the amount of the required withholdings may, under regulations prescribed by the Office of Personnel Management, be prospectively rein- stated in any available health benefits plan upon appli- cation of the annuitant.’’ EFFECTIVE DATE OF 1989 AMENDMENT Pub. L. 101–239, title IV, § 4003(b), Dec. 19, 1989, 103 Stat. 2135, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall take effect on October 1, 1989, and shall apply with respect to amounts payable for periods beginning on or after that date.’’ EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96–54 effective July 12, 1979, see section 2(b) of Pub. L. 96–54, set out as a note under section 305 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. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94–310 effective Oct. 1, 1976, see section 4 of Pub. L. 94–310, set out as a note under section 4503 of Title 2, The Congress. EFFECTIVE DATE OF 1974 AMENDMENT Pub. L. 93–246, § 4(a), Jan. 31, 1974, 88 Stat. 4, provided that: ‘‘The first section of this Act [amending this sec- tion] shall take effect on the first day of the first appli- cable pay period which begins on or after January 1, 1974.’’ Pub. L. 93–246, § 4(d), Jan. 31, 1974, 88 Stat. 4, provided that: ‘‘The determination of the average of subscription charges and the adjustment of the Government con- tributions for 1973, under section 8906 of title 5, United States Code, as amended by the first section of this Act [amending this section], shall take effect on the first day of the first applicable pay period which begins on or after the thirtieth day following the date of enact- ment of this Act [Jan. 31, 1974].’’ EFFECTIVE DATE OF 1970 AMENDMENT Pub. L. 91–418, § 1(b), Sept. 25, 1970, 84 Stat. 869, pro- vided that: ‘‘The amendment made by subsection (a) of this section [amending this section] shall become effec- tive at the beginning of the first applicable pay period which commences after December 31, 1970.’’ PAYMENTS BY POSTAL SERVICE RELATING TO CORRECTED CALCULATIONS FOR PAST HEALTH BENEFITS Pub. L. 103–66, title XI, § 11101(b), Aug. 10, 1993, 107 Stat. 413, provided that: ‘‘In addition to any other pay- ments required under section 8906(g)(2) of title 5, United States Code, or any other provision of law, the United States Postal Service shall pay into the Employees Health Benefits Fund a total of $348,000,000, of which— ‘‘(1) at least one-third shall be paid not later than September 30, 1996; ‘‘(2) at least two-thirds shall be paid not later than September 30, 1997; and ‘‘(3) any remaining balance shall be paid not later than September 30, 1998.’’ COMPUTATION OF GOVERNMENT CONTRIBUTIONS TO FED- ERAL EMPLOYEES HEALTH BENEFITS PROGRAM FOR 1990 THROUGH 1993 Pub. L. 101–76, Aug. 11, 1989, 103 Stat. 556, as amended by Pub. L. 101–508, title VII, § 7002(e), Nov. 5, 1990, 104 Stat. 1388–330; Pub. L. 103–66, title XI, § 11005, Aug. 10, 1993, 107 Stat. 412, provided: ‘‘That (a)(1) in the adminis- tration of chapter 89 of title 5, United States Code, for each of contract years 1990 through 1998 (inclusive), in order to compute the average subscription charges under section 8906(a) of such title for such contract years, the subscription charges in effect for the indem- nity benefit plan on the beginning date of each such contract year— ‘‘(A) shall be deemed to be the subscription charges which were in effect for such plan on the beginning date of the preceding contract year as adjusted under paragraph (2); or ‘‘(B) if subparagraph (A) does not apply, shall be deemed to be— ‘‘(i) the subscription charges which were deemed under this Act to have been in effect for such plan with respect to the preceding contract year as ad- justed under paragraph (2), except as provided in clause (ii); or ‘‘(ii) for each of contract years 1997 and 1998, the subscription charges which would be derived by ap- plying the terms of clause (i), reduced by 1 percent. ‘‘(2) The subscription charges under paragraph (1) shall be increased or decreased (as appropriate) by the average percentage by which the respective subscrip- tion charges taken into account under paragraphs (1), (3), and (4) of such section 8906(a) for that contract year increased or decreased from the subscription charges taken into account under such paragraphs (1), (3), and (4) for the preceding contract year. ‘‘(b) Separate percentages shall be computed under subsection (a)(2) with respect to enrollments for self alone and enrollments for self and family, respectively. ‘‘(c) The provisions of this Act shall not apply to a contract year (or any period thereafter), if comprehen- sive reform legislation is enacted to amend section 8906 of title 5, United States Code, and such amendment is required to be implemented by the commencement of negotiations pertaining to rates and benefits for such contract year. ‘‘(d) Any reference in this Act to a ‘contract year’ shall be considered to be a reference to a contract year under chapter 89 of title 5, United States Code. ‘‘(e) No later than 180 days after the date of the en- actment of this Act [Aug. 11, 1989], the Director of the Page 1267 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8907 Office of Personnel Management shall transmit rec- ommendations to the Congress for comprehensive re- form of the Federal Employee Health Benefits Pro- gram.’’ CONTRIBUTIONS BY UNITED STATES POSTAL SERVICE TO EMPLOYEES HEALTH BENEFITS FUND Pub. L. 100–203, title VI, § 6003, Dec. 22, 1987, 101 Stat. 1330–277, directed Postal Service to pay $160,000,000 in fiscal year 1988 and $270,000,000 in fiscal year 1989 into Employee Health Benefits Fund in addition to any amount deposited into Fund pursuant to this section in each such fiscal year. EMPLOYEES SERVING ON PART-TIME CAREER EMPLOYMENT BASIS ON OCTOBER 10, 1978 Pub. L. 95–437, § 4(c)(2)(B), Oct. 10, 1978, 92 Stat. 1059, provided that: ‘‘The amendments made by subpara- graph (A) [amending subsec. (b)(1) and (3) of this sec- tion] shall not apply with respect to any employee serving in a position on a part-time career employment basis on the date of the enactment of this Act [Oct. 10, 1978] for such period as the employee continues to serve without a break in service in that or any other position on such part-time basis.’’ CALCULATION AND PAYMENT BY GOVERNMENT OF CON- TRIBUTIONS TO CONTINGENCY RESERVES OF ALL HEALTH BENEFIT PLANS Pub. L. 97–346, § 4, Oct. 15, 1982, 96 Stat. 1650, directed Office of Personnel Management to determine amount by which Government contribution under 5 U.S.C. 8906(b) for the 1983 contract year was less than the Gov- ernment contribution which would have been deter- mined under such section for such contract year if Gov- ernment contribution had been calculated by using the two employee organization plans which in 1981 satisfied the standard set forth in 5 U.S.C. 8906(a)(3) directed Government to pay amount of difference thus deter- mined to contingency reserves of all health benefits plans for contract year 1983 in proportion to estimated number of individuals enrolled in such plans during 1983, and directed such payments be paid by appropriate agencies (including Postal Service and Postal Rate Commission) from appropriations referred to in 5 U.S.C. 8906(f) and (g) in same manner as if such pay- ments were Government contributions, and in amounts determined appropriate by Office of Personnel Manage- ment. ELECTION OF HEALTH BENEFITS DURING PERIOD OF SERVICE AS OFFICER OR EMPLOYEE OF AN EMPLOYEE ORGANIZATION; CONTRIBUTIONS INTO EMPLOYEES HEALTH BENEFITS FUND; NON-ELECTION; REGULA- TIONS Election of health benefits within sixty days after July 18, 1966, by certain employees on leave without pay for service as officer or employee of an employee organization, contributions into Fund, effect of non- election of benefits, and regulations, see note set out under section 8706 of this title. § 8906a. Temporary employees (a)(1) The Office of Personnel Management shall prescribe regulations to provide for offer- ing health benefits plans to temporary employ- ees (who meet the requirements of paragraph (2)) under the provisions of this chapter. (2) To be eligible to participate in a health benefits plan offered under this section a tem- porary employee shall have completed 1 year of current continuous employment, excluding any break in service of 5 days or less. (b) Notwithstanding the provisions of section 8906— (1) any temporary employee enrolled in a health benefits plan under this section shall have an amount withheld from the pay of such employee, as determined by the Office of Per- sonnel Management, equal to— (A) the amount withheld from the pay of an employee under the provisions of section 8906; and (B) the amount of the Government con- tribution for an employee under section 8906; and (2) the employing agency of any such tem- porary employee shall not pay the Govern- ment contribution under the provisions of sec- tion 8906. (Added Pub. L. 100–654, title III, § 301(a), Nov. 14, 1988, 102 Stat. 3846.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 100–654, title III, § 301(d), Nov. 14, 1988, 102 Stat. 3847, provided that: ‘‘The amendments made by this section [enacting this section and amending sec- tion 8913 of this title] shall be effective 120 days after the date of enactment of this section [Nov. 14, 1988].’’ § 8907. Information to individuals eligible to en- roll (a) The Office of Personnel Management shall make available to each individual eligible to en- roll in a health benefits plan under this chapter such information, in a form acceptable to the Office after consultation with the carrier, as may be necessary to enable the individual to ex- ercise an informed choice among the types of plans described by sections 8903 and 8903a of this title. (b) Each enrollee in a health benefits plan shall be issued an appropriate document setting forth or summarizing the— (1) services or benefits, including maxi- mums, limitations, and exclusions, to which the enrollee or the enrollee and any eligible family members are entitled thereunder; (2) procedure for obtaining benefits; and (3) principal provisions of the plan affecting the enrollee and any eligible family members. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 605; Pub. L. 95–454, title IX, § 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 98–615, § 3(5), Nov. 8, 1984, 98 Stat. 3204; Pub. L. 99–53, § 2(d), June 17, 1985, 99 Stat. 94.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 3009(d). Sept. 28, 1959, Pub. L. 86–382, § 10(d), 73 Stat. 715. 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 1985—Subsec. (a). Pub. L. 99–53 inserted reference to section 8903a of this title. 1984—Pub. L. 98–615, § 3(5)(C), substituted ‘‘individuals eligible to enroll’’ for ‘‘employees’’ in section catch- line. Subsec. (a). Pub. L. 98–615, § 3(5)(A), substituted ‘‘indi- vidual’’ for ‘‘employee’’ in two places.