5 C.F.R. Subpart L—Benefits for United States Hostages in Iraq and Kuwait and United States Hostages Captured in Lebanon
Title 5 - Administrative Personnel
Source: 55 FR 50537, Dec. 7, 1990, unless otherwise noted.
This subpart sets forth the circumstances under which individuals are covered under this part in accordance with the provisions of section 599C of Public Law 101–513. In this subpart— Covered family members as it applies to individuals covered under this subpart has the same meaning as set forth in §890.101(a). For eligible survivors of individuals enrolled under this subpart, a family enrollment covers only the survivor or former spouse and unmarried dependent natural or adopted child of both the survivor or former spouse and hostage. Hostage and hostage status have the meaning set forth in section 599C of Public Law 101–513. Pay period for individuals enrolled under this subpart means the pay period established by the U.S. Department of State for paying individuals covered under Public Law 101–513. Period of eligibility means the period beginning on the effective date set forth in §890.1204 of this subpart and ending 60 months after hostage status ended for hostages in Lebanon and 12 months after hostage status ended for hostages in Iraq and Kuwait. [55 FR 50537, Dec. 7, 1990, as amended at 57 FR 43132, Sept. 18, 1992] (a) An individual is covered under this subpart when the U.S. Department of State determines that the individual is eligible for coverage under section 599C of Public Law 101–513. (b) An individual who is covered under this subpart is covered under the Standard Option of the Service Benefit Plan. The individual has a self and family enrollment unless the U.S. Department of State determines that the individual is unmarried and has no dependent children. Unmarried individuals who have no eligible dependent children have a self only enrollment. (c) Individuals covered under this subpart are deemed ineligible for enrollment in any FEHB plan or option other than the Standard Option of the Service Benefit Plan. (d) Eligible surviving family members of an individual covered under this subpart whose hostage status ended because of death or who dies during the 60 months or 12 months following the end of hostage status are eligible to continue enrollment under this part. The enrollment terminates no later than 60 months or 12 months after hostage status ended. (e) An individual covered by this subpart is not considered an employee for the purpose of this part. (f) Eligibility for coverage under this subpart shall be subject to the availability of funds under section 599C(e) of Public Law 101–513. [55 FR 50537, Dec. 7, 1990, as amended at 57 FR 43132, Sept. 18, 1992] Unless the U.S. Department of State determines that a later date is appropriate, coverage under §890.1203(b) is effective on August 2, 1990, for hostages in Iraq and Kuwait and on the later of the date hostage status began or June 1, 1982, for hostages in Lebanon. [57 FR 43132, Sept. 18, 1992] (a) Individuals covered under this subpart or eligible survivors enrolled under this subpart may change from self only to self and family coverage if they acquire an eligible family member. The change may be made at the written request of the enrollee at any time after the family member is acquired. A change in enrollment under this paragraph becomes effective on the 1st day of the pay period after the pay period during which the request is received by the U.S. Department of State, except that a change based on the birth or addition of a child as a new family member is effective on the 1st day of the pay period during which the child is born or otherwise becomes a new family member. (b) Individuals covered under this subpart or eligible survivors enrolled under this subpart may change from a self and family enrollment to a self only when the last eligible family member (other than the enrollee) ceases to be a family member. The change may be made at the written request of the enrollee at any time after the last family member is lost and it becomes effective on the 1st day of the pay period after the pay period during which the request is received by the U.S. Department of State. (c) A family member may file a request to change the type of enrollment on behalf of a hostage during the period of hostage status or on behalf of an eligible former hostage who cannot file the election on his or her own behalf because of a mental or physical disability. (a) An individual who is covered under §890.1203(b) may cancel his or her enrollment at any time by written request. The cancellation is effective on the 1st day of the pay period after the pay period in which it is received by the U.S. Department of State. (b) An individual who cancels his or her coverage under this section cannot reacquire coverage unless the U.S. Department of State determines that it would be against equity and good conscience not to allow the individual to be enrolled. (c) A cancellation of coverage must be made by the enrolled individual and cannot be made by a representative acting on the individual's behalf. (a) Coverage of an individual under §890.1203(b) terminates 60 months or 12 months after hostage status ended unless the individual cancels the coverage earlier. (b) Enrollees and family members are eligible for temporary extension of coverage for conversion as set forth in subpart D of this part unless the covering enrollment is terminated by cancellation. [55 FR 50537, Dec. 7, 1990, as amended at 57 FR 43132, Sept. 18, 1992] (a) Government and employee contributions (premiums) required under §§890.501 and 890.502 of this part are paid from the appropriation provided under section 599C(e) of Public Law 101–513. (b) If the individual is not covered under this subpart for the full pay period, premiums are paid only for the days he or she is actually covered. The daily premium rate is an amount equal to the monthly premium rate multiplied by 12 and divided by 365. (c) The payments required by this section may be accepted by OPM from the State Department appropriation in advance if necessary to fund the 12-month period of coverage beginning on the earlier of: (1) The day after sanctions or hostilities end; or (2) The day after the individual's period of hostage status ends. (d) OPM will place any funds received under paragraph (c) of this section in an account established for this purpose. OPM will make the disbursements specified under 48 CFR subpart 1632.170 from this account when the appropriate pay period occurs. [55 FR 50537, Dec. 7, 1990, as amended at 57 FR 14325, Apr. 20, 1992] (a) The U.S. Department of State functions as the “employing office” for individuals covered under this subpart. (b) The U.S. Department of State must determine the eligibility of individuals who qualify under Public Law 101–513 for coverage under this part. This determination includes the determination as to whether the individual is barred from coverage under chapter 89 of title 5 U.S. Code by reason of other health insurance coverage as provided in section 599C of Public Law 101–513. (c) The U.S. Department of State must determine whether eligible individuals are married or single for the purpose of coverage under a self only or a self and family enrollment as set forth in §890.1203(b). If the marital status of the individual cannot be determined, the U.S. Department of State must enroll the individual for self and family coverage. (a) Under procedures set forth by the U.S. Department of State, an individual may request the U.S. Department of State to reconsider an initial decision it has made denying coverage or a change in the type of enrollment under this subpart. (b) Neither the initial decision nor the reconsideration decision of the U.S. Department of State is subject to reconsideration by OPM.
Title 5: Administrative Personnel
PART 890—FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM
Subpart L—Benefits for United States Hostages in Iraq and Kuwait and United States Hostages Captured in Lebanon
§ 890.1201 Purpose.
§ 890.1202 Definitions.
§ 890.1203 Coverage.
§ 890.1204 Effective date of coverage.
§ 890.1205 Change in type of enrollment.
§ 890.1206 Cancellation of coverage.
§ 890.1207 Termination of coverage.
§ 890.1208 Premiums.
§ 890.1209 Responsibilities of the U.S. Department of State.
§ 890.1210 Reconsideration and appeal rights.
