5 C.F.R. Subpart B—Election and Change of Election
Title 5 - Administrative Personnel
(a) The original period for election by each eligible retired employee was during the months of March and April 1961. Failure to elect when eligible to do so is deemed an election not to participate in the program unless the failure is determined by the retirement office to be for cause beyond the control of the retired employee. In any case in which annuity or compensation is being paid to a payee in behalf of a retired employee, the payee shall make the election for the retired employee. (b) (1) A retired employee may elect to participate in the program for self alone or for self and family. (2) Survivors, if actually or constructively living in the same household, have only one right of election among them. The election shall be made by the payee. The fact that one payee is receiving annuity or compensation for all members of the family is prima facie evidence that they are living in the same household. The existence of more than one payee is prima facie evidence that each payee and the survivors in whose behalf the payee is receiving annuity or compensation constitute a separate household, and each payee may elect for the survivors in whose behalf he is receiving annuity or compensation, but where a family is receiving annuity or compensation through more than one payee, one payee, with the consent of the other payees, may elect for the whole family. (3) A retired employee may not be covered under more than one election. (4) A retired employee who is entitled to more than one annuity or to compensation and annuity is entitled to only one election. (c) Each retired employee who elects to receive a Government contribution toward the cost of a private health benefits plan shall file with his election a certificate of the carrier, on the form prescribed by OPM for the purpose, that he is a subscriber to a health benefits plan. OPM, or the appropriate retirement office, at any time may require that a retired employee renew the certificate, or may take such other action as it considers desirable to verify the continuing eligibility of the retired employee to receive a Government contribution. The appropriate retirement office may suspend the Government contribution when there is a reasonable doubt of the retired employee's continuing eligibility to receive the Government contribution. (d) In the discretion of the retirement office, a representative of the retired employee having a written authorization to do so may elect for him. (e) A person who was not eligible, during the months of March and April 1961, to elect to subscribe to the uniform plan or to receive a Government contribution toward the cost of a private health benefits plan, may apply to the appropriate retirement office when he becomes eligible. If the retirement office determines that he is eligible, it shall notify the retired employee that he is eligible to make an election in accordance with paragraphs (a) to (d) of this section within 60 days of the date of the notice. If the retirement office determines that a retired employee was unable, for cause beyond his control, to make an election within the time limits prescribed by this section, it shall notify the retired employee that he is eligible to make an election in accordance with paragraphs (a) to (d) of this section within 60 days of the date of the notice. Elections made under this paragraph are effective, for a retired employee receiving annuity and a survivor receiving compensation, on the first day of the third month following the month in which the retirement office receives the election. Withholdings and contributions are effective for months beginning on and after the first day of the second month following the month in which the retirement office receives the election. For any other retired employee receiving compensation, changes of election made under this paragraph are effective on the first day of the third 4-week period following the 4-week period in which the Bureau of Employees' Compensation receives the election, and withholdings and contributions are effective beginning with the second 4-week period following receipt of the election. This paragraph does not apply to retired employees who have been, at any time, covered by the election of another under this part. (f) Retired employees and survivors who, on January 1, 1973, were enrolled for either basic coverage only or major medical coverage only of the Uniform Plan are, effective January 1, 1973, automatically enrolled in basic plus major medical coverage of the Uniform Plan. [33 FR 12516, Sept. 4, 1968, as amended at 37 FR 20845, Dec. 20, 1972] (a) When used in this section, “month” includes the 4-week period for which a retired employee (other than a survivor) receives compensation. (b) A retired employee shall change his election in accordance with the following table: (c) An annuitant may change his or her election in accordance with the following table by notifying his or her retirement system at any time: [33 FR 12516, Sept. 4, 1968, as amended at 43 FR 35018, Aug. 8, 1978]
Title 5: Administrative Personnel
PART 891—RETIRED FEDERAL EMPLOYEES HEALTH BENEFITS
Subpart B—Election and Change of Election
§ 891.201 Election.
§ 891.202 Change of election.
Table of Required Changes---------------------------------------------------------------------------------------------------------------- Type of election to Event requiring change which requirement Change required Effective date of applies change----------------------------------------------------------------------------------------------------------------(1) Loss of member of family by death Election for self and Change to self alone... First day of month or otherwise, leaving only one family for uniform or following the event person covered by the election. private health requiring change. benefits plan. Changes in withholdings and contributions are effective for annuity or compensation accruing for the month in which the event requiring change occurs.(2) Termination of subscription to a Election for self and ......do............... Do. private health benefits plan for all family for private persons covered by the election but health benefits plan. the retired employee making the election \1\.(3) Termination of subscription to a Election for self alone Change to not Do. private health benefits plan for all or for self and family participating persons covered by the election \1\. for private health (optional change may benefits plan. be made in accordance with paragraph (c) of this section).----------------------------------------------------------------------------------------------------------------\1\ If the termination is immediately succeeded by a similar subscription in another private health benefits plan a change of election is not required, but the retired employee shall file a certificate of the new carrier that he is a subscriber. A form for the certificate may be obtained from the retirement office.
Table of Optional Changes---------------------------------------------------------------------------------------------------------------- Type of election from which Change permitted changing Effective date of change----------------------------------------------------------------------------------------------------------------(1) Change to not participating.......... Election for self alone or self First day of month specified in and family for uniform or private notice to retirement system, or health benefits plan. first day of month following receipt of notice by retirement system, whichever is later. Changes in withholdings and contributions are effective for annuity or compensation accruing for the month preceding the effective date of the change.(2) Change to self alone in same plan.... Election for self and family for Do. uniform plan or private health benefits plan.(3) Change to private health benefits Election for self alone or self Do. plan for self alone or self and family. and family for uniform plan.(4) Change to self and family in same Election for self alone for First day of fourth month plan. uniform or private health following the month in which benefits plan. notice is received by retirement system. Changes in withholdings and contributions are effective for annuity or compensation accruing for the third month following month in which notice is received by the retirement system.(5) Change to self alone or self and Election not to participate....... Do. family for uniform plan or private health benefits plan.----------------------------------------------------------------------------------------------------------------