(d)
(1)
(A)
Except as provided in paragraphs (4), (5), and (6), an individual receiving continued coverage under this section shall be required to pay currently into the Employees Health Benefits Fund, under arrangements satisfactory to the Office, an amount equal to the sum of—
(i) the employee and agency contributions which would be required in the case of an employee enrolled in the same health benefits plan and level of benefits; and
(ii) an amount, determined under regulations prescribed by the Office, necessary for administrative expenses, but not to exceed 2 percent of the total amount under clause (i).
(B)
Payments under this section to the Fund shall—
(i) in the case of an individual whose continued coverage is based on such individual’s separation, be made through the agency which last employed such individual; or
(ii)
in the case of an individual whose continued coverage is based on a change in circumstances referred to in subsection (c)(2)(B), be made through—
(I) the Office, if, at the time coverage would (but for this section) otherwise have been discontinued, the individual was covered as the child of an annuitant; or
(II) if, at the time referred to in subclause (I), the individual was covered as the child of an employee, the employee’s employing agency as of such time.
(2) If an individual elects to continue coverage under this section before the end of the applicable period under subsection (c)(2), but after such individual’s coverage under this chapter (including any temporary extensions of coverage) expires, coverage shall be restored retroactively, with appropriate contributions (determined in accordance with paragraph (1), (4), or (5), as the case may be) and claims (if any), to the same extent and effect as though no break in coverage had occurred.
(3)
(A) An individual making an election under subsection (c)(2)(B) may, at such individual’s option, elect coverage either as an individual or, if appropriate, for self plus one or for self and family.
(B) For the purpose of this paragraph, members of an individual’s family shall be determined in the same way as would apply under this chapter in the case of an enrolled employee.
(C) Nothing in this paragraph shall be considered to limit an individual making an election under subsection (c)(2)(A) to coverage for self alone.
(4)
(A)
If the basis for continued coverage under this section is an involuntary separation from a position, or a voluntary separation from a surplus position, in or under the Department of Defense due to a reduction in force, or the Department of Energy due to a reduction in force resulting from the establishment of the National Nuclear Security Administration—
(i) the individual shall be liable for not more than the employee contributions referred to in paragraph (1)(A)(i); and
(ii) the agency which last employed the individual shall pay the remaining portion of the amount required under paragraph (1)(A).
(B)
This paragraph shall apply with respect to any individual whose continued coverage is based on a separation occurring on or after the date of enactment of this paragraph and before—
(i) December 31, 2016; or
(ii) February 1, 2017, if specific notice of such separation was given to such individual before December 31, 2016.
(C) For the purpose of this paragraph, “surplus position” means a position which is identified in pre-reduction-in-force planning as no longer required, and which is expected to be eliminated under formal reduction-in-force procedures.
(5)
(A)
If the basis for continued coverage under this section is an involuntary separation from a position in or under the Department of Veterans Affairs due to a reduction in force or a title 38 staffing readjustment, 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 4421 of the Atomic Energy Defense Act—
(i) the individual shall be liable for not more than the employee contributions referred to in paragraph (1)(A)(i); and
(ii) the agency which last employed the individual shall pay the remaining portion of the amount required under paragraph (1)(A).
(B) This paragraph shall only apply with respect to individuals whose continued coverage is based on a separation occurring on or after the date of the enactment of this paragraph.
(6)
(A)
If the basis for continued coverage under this section is, as a result of the termination of the Space Shuttle Program, an involuntary separation from a position due to a reduction-in-force or declination of a directed reassignment or transfer of function, or a voluntary separation from a surplus position in the National Aeronautics and Space Administration—
(i) the individual shall be liable for not more than the employee contributions referred to in paragraph (1)(A)(i); and
(ii) the National Aeronautics and Space Administration shall pay the remaining portion of the amount required under paragraph (1)(A).
(B) This paragraph shall only apply with respect to individuals whose continued coverage is based on a separation occurring on or after the date of enactment of this paragraph and before December 31, 2010.
(C)
For purposes of this paragraph, “surplus position” means a position which is—
(i) identified in pre-reduction-in-force planning as no longer required, and which is expected to be eliminated under formal reduction-in-force procedures as a result of the termination of the Space Shuttle Program; or
(ii) encumbered by an employee who has received official certification from the National Aeronautics and Space Administration consistent with the Administration’s career transition assistance program regulations that the position is being abolished as a result of the termination of the Space Shuttle Program.
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, referred to in subsec. (d)(5)(A), was classified to section 2601 of Title 50, War and National Defense, prior to repeal 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), inserted “for self plus one or” before “for self and family”.
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 “December 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 “October 1, 2010”.
2008—Subsec. (d)(1)(A). Pub. L. 110–422, § 615(b), substituted “(4), (5), and (6)” for “(4) and (5)” in introductory 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), substituted “October 1, 2010” for “October 1, 2006”.
Subsec. (d)(4)(B)(ii). Pub. L. 109–163, § 1101(2), substituted “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 described 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 Authorization Act for Fiscal Year 1997 (42 U.S.C. 7274n)”.
2002—Subsec. (d)(4)(B)(i). Pub. L. 107–314, § 1103(1), substituted “2006” for “2003”.
Subsec. (d)(4)(B)(ii). Pub. L. 107–314, § 1103(2), substituted “2007” and “2006” for “2004” and “2003”, respectively.
2000—Subsec. (d)(5)(A). Pub. L. 107–314, § 4603(h), formerly 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 Authorization Act for Fiscal Year 1997 (42 U.S.C. 7274n)” after “readjustment”.
1999—Subsec. (d)(1)(A). Pub. L. 106–117, § 1106(1), substituted “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 Nuclear 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 separation 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), inserted “, or a voluntary separation from a surplus position,” after “an involuntary separation from a position” in introductory provisions.
Subsec. (d)(4)(C). Pub. L. 104–106, § 1036(2), added subpar. (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 individual” 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).
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 employees called or ordered to active duty on or after September 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 enactment of subsection (a) [amending this section] shall be paid out of funds or appropriations available for salaries and expenses of such agency.”