5 U.S.C. § 8907 — Information to individuals eligible to en-

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. 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 place. (b) A surviving spouse whose survivor annuity under this title was terminated because of re- marriage and is later restored may, under such regulations as the Office of Personnel Manage- ment 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 termi- nated. (c) A disability annuitant whose disability an- nuity under section 8337 of this title was termi- nated 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 sec- tion 8903 or 8903a of this title if such annuitant was covered by any such plan immediately be- fore 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 sec- tion 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 sec- tion 8903 or 8903a if such surviving child was cov- ered by any such plan immediately before such annuity was terminated. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 605; Pub. L. 94–342, § 1(a), July 6, 1976, 90 Stat. 808; Pub. L. 95–454, title IX, § 906(a)(2), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 99–53, §§ 2(a), 3(a)(1), (2)(A), June 17, 1985, 99 Stat. 94, 95; Pub. L. 104–208, div. A, title I, § 101(f) [title VI, § 633(a)(3)], Sept. 30, 1996, 110 Stat. 3009–314, 3009–363.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 3009(c). Sept. 28, 1959, Pub. L. 86–382, § 10(c), 73 Stat. 715. Mar. 17, 1964, Pub. L. 88–284, § 1 (less (1)–(13)), 78 Stat. 165. 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 1996—Subsec. (d). Pub. L. 104–208 added subsec. (d). 1985—Pub. L. 99–53, § 3(a)(2)(A), inserted ‘‘or dis- ability’’ after ‘‘and survivor’’ in section catchline. Subsec. (b). Pub. L. 99–53, § 2(a), inserted reference to section 8903a of this title. Subsec. (c). Pub. L. 99–53, § 3(a)(1), added subsec. (c). 1978—Subsec. (b). Pub. L. 95–454 substituted ‘‘Office of Personnel Management’’ for ‘‘Civil Service Commis- sion’’. 1976—Pub. L. 94–342 designated existing provisions as subsec. (a), added subsec. (b), and substituted ‘‘employ- ees and survivor annuitants’’ for ‘‘employee’’ in section catchline. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–208 applicable with re- spect to termination of marriage taking effect before, on, or after Sept. 30, 1996, except that benefits are pay- able only with respect to amounts accruing for periods beginning on first day of month beginning after the later of termination of marriage or Sept. 30, 1996, see section 101(f) [title VI, § 633(b)] of Pub. L. 104–208, 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. EFFECTIVE DATE OF 1976 AMENDMENT Pub. L. 94–342, § 2, July 6, 1976, 90 Stat. 808, provided that: ‘‘The amendments made by the first section of this Act [amending this section] shall take effect on October 1, 1976, or on the date of the enactment of this Act [July 6, 1976], whichever date is later. Such amend- ments shall apply with respect to individuals whose survivor annuities are restored before, on, or after such date.’’ INSURANCE COVERAGE FOR RESTORED DISABILITY ANNUITANTS For provisions directing that subsec. (c) of this sec- tion shall apply with respect to any individual whose disability annuity is or was restored under section 8337(e) of this title after December 31, 1983, directing that the Office of Personnel Management notify each individual of any rights which such individual may have under subsec. (c) of this section, including any procedures or deadlines which might apply with respect to the exercise of those rights, directing that such noti- fication be provided to any individual who, as of the 90th day after June 17, 1985, is receiving a disability an- nuity which was restored to such individual under sec- tion 8337(e) of this title after December 31, 1983, direct- ing that nothing in subsec. (c) of this section be con- strued to authorize coverage under this chapter in the