22 USC 4069c-1 - Health benefits for certain former spouses

U.S Code last checked for updates: Nov 22, 2024

§ 4069c–1.

Health benefits for certain former spouses

(a)

Eligibility

Except as provided in subsection (c)(1), any individual—

(1)

formerly married to an employee or former employee of the Foreign Service, whose marriage was dissolved by divorce or annulment before May 7, 1985;

(2)

who, at any time during the 18-month period before the divorce or annulment became final, was covered under a health benefits plan as a member of the family of such employee or former employee; and

(3)

who was married to such employee for not less than 10 years during periods of government service by such employee, is eligible for coverage under a health benefits plan in accordance with the provisions of this section.

(b)

Prerequisites for enrollment; notification of rights

(1)

Any individual eligible for coverage under subsection (a) may enroll in a health benefits plan for self alone or for self and family if, before the expiration of the 6-month period beginning on the effective date of this section, and in accordance with such procedures as the Director of the Office of Personnel Management shall by regulation prescribe, such individual—

(A)

files an election for such enrollment; and

(B)

arranges to pay currently into the Employees Health Benefits Fund under section 8909 of title 5 an amount equal to the sum of the employee and agency contributions payable in the case of an employee enrolled under chapter 89 of such title in the same health benefits plan and with the same level of benefits.

(2)

The Secretary shall, as soon as possible, take all steps practicable—

(A)

to determine the identity and current address of each former spouse eligible for coverage under subsection (a); and

(B)

to notify each such former spouse of that individual’s rights under this section.

(3)

The Secretary shall waive the 6-month limitation set forth in paragraph (1) in any case in which the Secretary determines that the circumstances so warrant.

(c)

Disqualification

(1)

Any former spouse who remarries before age 55 is not eligible to make an election under subsection (b)(1).

(2)

Any former spouse enrolled in a health benefits plan pursuant to an election under subsection (b)(1) may continue the enrollment under the conditions of eligibility which the Director of the Office of Personnel Management shall by regulation prescribe, except that any former spouse who remarries before age 55 shall not be eligible for continued enrollment under this section after the end of the 31-day period beginning on the date of remarriage.

(d)

Prohibition on coverage by more than one plan

(e)

“Health benefits plan” defined

(Pub. L. 96–465, title I, § 833, as added Pub. L. 100–238, title II, § 204(a), Jan. 8, 1988, 101 Stat. 1772.)

cite as: 22 USC 4069c-1