[Federal Register Volume 79, Number 201 (Friday, October 17, 2014)]
[Rules and Regulations]
[Pages 62325-62329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-24652]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 79, No. 201 / Friday, October 17, 2014 /
Rules and Regulations
[[Page 62325]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 890
RIN 3206-AM86
Federal Employees Health Benefits Program Modification of
Eligibility to Certain Employees on Temporary Appointments and Certain
Employees on Seasonal and Intermittent Schedules
AGENCY: Office of Personnel Management.
ACTION: Final rule.
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SUMMARY: The United States Office of Personnel Management (OPM) is
issuing a final rule to modify eligibility for enrollment under the
Federal Employees Health Benefits (FEHB) Program to certain temporary,
seasonal, and intermittent employees who are identified as full-time
employees. This final rule follows a notice of proposed rulemaking
published July 29, 2014. This regulation will allow newly eligible
Federal employees to enroll no later than January 2015.
DATES: This final rule is effective November 17, 2014.
FOR FURTHER INFORMATION CONTACT: Marguerite Martel, Senior Policy
Analyst at (202) 606-0004.
SUPPLEMENTARY INFORMATION: OPM is modifying eligibility for coverage
under the Federal Employees Health Benefits (FEHB) Program to certain
temporary, seasonal, and intermittent Federal employees who are
expected to work a full-time schedule, which is generally based on the
definition of full-time employee under section 4980H of the Internal
Revenue Code (IRC), for at least 90 days.
Pursuant to 5 U.S.C. 8913(b), OPM has broad authority to prescribe
the conditions under which employees are eligible to enroll in the FEHB
program and is empowered to include or exclude employees on the basis
of the nature and type of their employment or conditions pertaining to
their appointments, including the duration of the appointment. OPM
proposed this modification in a notice of proposed rulemaking on July
29, 2014. The proposed rule had a 30 day comment period during which
OPM received 100 comments.
Responses to Comments on the Proposed Rule
OPM received comments from individual members of the public,
Federal employees, Federal agencies, Federal shared service providers,
tribal organizations, and public employee unions. The majority of the
comments were positive. Many members of the public, Federal employees,
and their families expressed appreciation for the coverage changes.
This rule would create a more even playing field for similarly situated
employees.
Some Federal agencies expressed concern about the effect on the
budget of this coverage change, stating they may revisit their staffing
models (such as hiring a different mix of temporary, seasonal, and
intermittent staff) to accommodate the rule change. OPM recognizes that
agencies will have to budget for FEHB government contributions for
those newly eligible employees who elect to participate. OPM also
recognizes that agencies may reconsider staffing arrangements in light
of this rule change. OPM continues to believe that this coverage change
is consistent with the Federal government's role as a model employer.
One commenter suggested that newly eligible temporary, seasonal,
and intermittent employees receive a lower government contribution than
is available to currently eligible employees. OPM understands that such
a change would lessen the regulation's impact on agency budgets.
However, OPM's goal is to make affordable health insurance more widely
available to full-time employees and therefore declines to lower the
government contribution.
Several commenters raised concerns that employing agencies may
limit appointments to fewer than 90 days or limit work hours to fewer
than 130 hours in a month to avoid providing health insurance to
temporary, seasonal, and intermittent employees. OPM believes employing
agencies will use available staffing authorities to meet the needs of
their workload, rather than changing staffing models in light of this
rule.
One commenter was concerned that certain agencies with large
seasonal workforces will be affected more than others that do not use
seasonal hiring authorities. OPM recognizes that this is true, but
continues to believe that this coverage change is consistent with the
Federal government's role as a model employer.
One commenter was concerned that the money saved by increasing
retirement contributions of new permanent staff will be spent on new
benefits for temporary employees. The changes in retirement benefits is
independent of this rulemaking, which OPM believes is the best way to
align access to health benefits across different classes of workers.
Two commenters raised concerns about whether seasonal Federal
employees could afford FEHB premiums. It is important to note that
these newly eligible employees will receive the same government
contribution as currently eligible Federal employees. OPM believes that
the government contribution to FEHB is sufficient.
OPM received numerous questions from Federal entities, including
agencies and shared service providers, about implementation of the
proposed rule. These question topics included timing, necessary system
changes, division of responsibilities between the agency and shared
service provider, and identification of newly eligible employees. These
matters are important for implementation, but are outside the scope of
this regulation and will be handled in forthcoming OPM guidance.
A commenter asked if those temporary, seasonal, and intermittent
employees who separate from service would be eligible for the 31-day
continuation of coverage that is available to other FEHB enrollees when
eligibility terminates. The answer is yes: the 31-day continuation of
coverage will be available to the enrollee on the same terms as it is
for other FEHB enrollees.
One commenter asked if FEHB coverage under this proposal would
qualify toward the 5-year continuous coverage requirement prior to
retirement. FEHB coverage for these newly eligible employees will count
[[Page 62326]]
toward the requirement that Federal retirees maintain FEHB coverage for
5 years before retirement in order to continue FEHB enrollment into
retirement. Note that employees carrying FEHB into retirement must also
be eligible to participate in a qualifying retirement plan. This FEHB
rule does not change any employee's eligibility to participate in a
qualifying retirement program.
Two commenters asked about the IRC section 6056 requirements for
large employers to report on availability of health insurance to full-
time employees. Those requirements fall outside the scope of this rule.
OPM plans to issue guidance to Federal agencies and payroll providers
on IRC section 6056 reporting in a separate communication.
One commenter asked about whether this modification would apply to
students and interns working for Federal agencies. Consistent with
current policy, a paid student or intern who meets the criteria for
coverage will be eligible to enroll in an FEHB plan. One commenter
asked about whether Special Assistant United States Attorneys (SAUSAs)
would be included. To the extent that a SAUSA works in a pay status
meeting the criteria for coverage, the SAUSA will be eligible to enroll
in an FEHB plan.
Suggestions To Amend the Proposed Rule
OPM received nearly identical comments from several tribal
organizations expressing concern with the proposed language at Sec.
890.301(k) that would allow certain non-Federal government entities to
request a waiver from the changes in this rule. The proposed rule
language stated that such a waiver would be granted at the sole
discretion of the OPM Director if the non-Federal employer demonstrates
that the modification would interfere with the employer's self-
governance. These comments requested that waivers should be automatic
and without pre-conditions for Tribal employers. OPM recognizes that
Tribal governments are sovereign and that tribes have the best
understanding of their governmental, employment, and financial needs.
OPM has taken that into account in this final rule-making with respect
to the change in coverage and has modified Sec. 890.301(k) regarding
tribal employers.
Several tribal organizations also requested that OPM clarify the
application of the common law employee standard to tribal employers.
This common law employee standard is used to determine which employees
of tribal employers may be eligible to enroll in FEHB. The proposed
rule was limited to a modification of FEHB eligibility for certain
temporary, seasonal, and intermittent employees and thus this
clarification is outside the scope of this rule.
One commenter raised a concern regarding employees who work 15 or
fewer hours per week because they can receive a full Government
contribution to FEHB rather than the pro-rated share available to those
working from 16 to 32 hours per week. This is governed by definitions
in the Federal Employee's Part-Time Career Employment Act, which is
outside the scope of this rule.
Several commenters pointed out that the definition of a full-time
employee in IRC section 4980H is different from the definition in the
Federal Employee's Part-Time Career Employment Act of 1978. OPM is
aware of these differing statutory definitions of part-time and full-
time, but it is outside the scope of this regulation to change these
definitions.
Several commenters asked whether FEHB government contributions
would be pro-rated for these newly eligible employees working between
16 and 32 hours per week, as they are for permanent employees. The
Federal Employee's Part-Time Career Employment Act excludes temporary
and intermittent employees from the definition of ``part-time
employment.'' As such, agencies are not authorized to pro-rate
government contributions for newly eligible temporary or intermittent
employees.
One commenter suggested that the 130 hour per calendar month full-
time standard be converted to a biweekly pay period standard, since
many Federal agencies use a bi-weekly pay period rather than a month
for purposes of pay and timekeeping. OPM assumes that agencies will
continue to use their current methods of pay period-based timekeeping.
The 130 hour per month standard in OPM's proposed rule is generally
consistent with definitions and methodology outlined in IRS rulemaking
under IRC section 4980H.\1\ Agencies will be responsible for
implementing this rule as appropriate for their systems and therefore
OPM believes a regulatory change is not necessary.
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\1\ Note that under IRC section 4980H final regulations, a
different hour of service monthly equivalency will apply for an
employer using the weekly rule available under the monthly
measurement method to determine full-time employee status. See 26
CFR 54.4980H-1(a)(21)(iii) and 54.4980H-3(c)(3).
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Several commenters suggested that OPM should extend other Federal
employee health benefits that do not have a government contribution,
such as dental and vision insurance, long-term care insurance, and
health care flexible spending accounts to temporary, seasonal, and
intermittent Federal employees. These suggestions are outside the scope
of this rule.
One commenter proposed a different organizational structure for the
regulations. OPM believes our original construction is satisfactory and
declines to make the suggested change.
One commenter suggested that OPM clarify that FEHB coverage will
begin on the first day of employment for these newly eligible
employees. For most new employees, coverage is effective on the first
day of the first pay period after the employee submits enrollment
paperwork. This will be the same for new employees included in this
coverage modification. For those who are currently employed as a
temporary, seasonal, or intermittent employee, this rule becoming
effective will serve as a qualifying life event (QLE) and coverage will
become effective according to the existing rules for QLEs.
Several commenters expressed concern that the projected January
2015 implementation date does not allow sufficient time for the system
changes to capture, track, and monitor the data necessary for this
change. Some suggested a more delayed implementation schedule. OPM
recognizes the challenges in implementation and is committed to work
with agencies and payroll providers on implementation challenges. The
rule is intended to be effective no later than January 2015.
Changes From Proposed Rule
OPM has made several changes to this final rule. The proposed rule
used a modified version of the term ``regularly scheduled
administrative workweek,'' which already has a different meaning in
other parts of title 5, Code of Federal Regulations. As such, this
final regulation eliminates that term and instead refers to ``the total
hours in pay status (including overtime hours) plus qualifying leave
without pay hours.'' This new language should avoid confusion with
existing regulatory terms.
This final rule clarifies in Sec. 890.102(j)(3) that an employee
enrolled under 890.103(j) will be eligible to remain enrolled in FEHB
unless the employee exceeds 365 days in nonpay status. This
clarification aligns enrollment rules for this newly eligible
population with rules for existing FEHB enrollees.
One commenter stated that proposed Sec. 890.102(j)(1)(ii) is
confusing. The proposed provision read ``If the
[[Page 62327]]
employing office expects the employee to work for fewer than 90 days,
the employee will be eligible to enroll after the completion of a 90
day waiting period.'' Accordingly, OPM has amended it to state ``If the
employing office expects the employee to work for fewer than 90 days
and the employee actually works for fewer than 90 days, the employee
will generally be ineligible to enroll in FEHB because the employee
will not be employed at the end of the waiting period applicable to
these employees. However, if the expectation changes and the employee
is expected to work for 90 days or more, that individual is eligible to
enroll upon notification by the employing office, but enrollment
(including the effective date of coverage) must be no later than the
end of the waiting period ending on the 91st day after the first day of
employment.''
OPM received several comments suggesting changes to how this
modification would affect non-career United States Postal Service
(USPS) employees. OPM understands that the USPS currently offers
affordable employer provided health benefits coverage, separate and
apart from FEHB for a majority of its full-time non-career employees,
and is working toward implementing this coverage for the rest of these
employees. OPM further understands that the category of USPS employees
referred to as full-time non-career employees generally corresponds to
the category of employees affected by the modification of FEHB
eligibility under this final rule. Because the terms and conditions of
employment for the class of employees that is affected by this rule
already includes, or is anticipated to soon include, an offer of
affordable employer provided health benefits coverage, OPM has exempted
USPS employees from this final rule.
OPM received a comment that use of the phrase ``employer's need for
self-governance'' as a justification for waiver of paragraph (j) was
confusing. OPM has changed this phrase to ``employer's need to manage
its workforce.''
Provisions of the Final Rule
This final rule modifies eligibility by authorizing enrollment in a
FEHB health plan for certain non-Postal Federal employees on temporary
appointments and certain non-Postal employees working on seasonal and
intermittent schedules. Currently, most employees on temporary
appointments become eligible for FEHB coverage after completing 1 year
of current continuous employment and, once eligible for coverage, do
not receive an employer contribution to premium. Employees working on
seasonal schedules for less than 6 months in a year and those working
intermittent schedules are excluded from eligibility regardless of the
work hours for which they are expected to be scheduled. Some limited
exceptions were made to these exclusions for temporary firefighters and
emergency response workers in 5 CFR 890.102(h) and (i).
Under this final regulation, non-Postal employees on temporary
appointments, non-Postal employees on seasonal schedules who will be
working less than six months per year, and non-Postal employees working
intermittent schedules will be eligible to enroll in a FEHB health plan
if the employee is expected to work a full-time schedule of 130 or more
hours in a calendar month. If the employing office expects the employee
to work at least 90 days, the employee is eligible to enroll upon
notification of the employee's eligibility by the employing office. If
the employing office expects the employee to work fewer than 90 days,
that individual is considered to be in a 90 day waiting period and is
generally ineligible to enroll (because the individual will not be
employed at the end of the waiting period). If the expectation changes
to at least 90 days, the employee will be eligible to enroll upon
notification from the employing office, but no later than the 91st day
of employment. Temporary, seasonal, and intermittent employees who are
expected to work a schedule of less than 130 hours in a calendar month
will not be eligible to enroll in a FEHB health plan. Temporary,
seasonal, and intermittent employees for whom the expectation of hours
of employment changes from less than 130 hours per calendar month to
130 hours or more per calendar month would become eligible to enroll in
an FEHB health plan upon notification from the employing office.
This final rule allows newly eligible employees (employees on an
appointment limited to 1 year and employees working on a seasonal or
intermittent schedule) to initially enroll under the FEHB program with
a Government contribution to premium if they are expected to be
employed on a full-time schedule and are expected to work for at least
90 days. Those expected to work fewer than 90 days will be considered
in a 90 day waiting period and therefore ineligible to enroll (because
the individual will not be employed at the end of the waiting period),
unless that expectation changes during the 90 days.
Some temporary employees who have completed 1 year of continuous
employment are already eligible for FEHB coverage but without a
Government contribution to premium. This final rule allows these
employees to enroll in a FEHB plan under 5 CFR 890.102(j) (with a
Government contribution to premium) if the employee is determined by
his or her employing office to be newly eligible for FEHB coverage
under this regulation.
Enrollments for employees newly eligible pursuant to this rule will
be accepted during a 60-day period after the employing office notifies
employees of their eligibility to enroll in a FEHB health plan.
Coverage will become effective as provided for by 5 CFR 890.301.
Employing offices must promptly determine eligibility of new and
current employees and upon determining eligibility, promptly offer
employees an opportunity to enroll in the FEHB Program so that coverage
becomes effective no later than January 2015.
While this final regulation modifies FEHB coverage for certain
categories of Federal employees, there are other employers who are
entitled to purchase FEHB coverage for their own employees or whose
employees are otherwise entitled to enroll in FEHB coverage. These
other employers may have made or are planning to make other
arrangements to provide health insurance for their temporary, seasonal,
and intermittent employees. Accordingly, the OPM Director may waive
application of this final rule when the employer of an individual not
covered by 5 U.S.C. 8901(1)(A) demonstrates to OPM that this rule's
requirements would have an adverse impact on the employer's ability to
effectively manage its workforce. We expect such instances to be rare.
Tribal employers participating in FEHB may waive application of this
final rule simply by notifying OPM.
Regulatory Flexibility Act
I certify that this regulation will not have a significant economic
impact on a substantial number of small entities because the regulation
only adds to the list of groups eligible to enroll under the FEHB
Program.
Executive Orders 13563 and 12866, Regulatory Review
OPM has examined the impact of this rule as required by Executive
Order 12866 on Regulatory Planning and Review (September 30, 1993) and
Executive Order 13563 on Improving Regulation and Regulatory Review
(January 18, 2011).
[[Page 62328]]
Baseline FEHB Eligibility and Federal Government Employer Shared
Responsibility
This final rule would modify eligibility to enroll in a FEHB plan
to certain temporary, seasonal, and intermittent employees who are
identified as working full-time. In order to estimate rule-induced
impacts, it is necessary to assess the number of full-time Federal
employees who are not currently eligible to participate in the FEHB
program or are not currently eligible to have the government pay a
portion of their premium, and thus may be affected by the final rule.
The following categories of Federal employees are either excluded
by regulation from participating in the FEHB Program or are not
currently eligible to have the government pay a portion of their
premium:
Temporary employees with less than a year of service. Per
OPM regulations, most of these individuals are not eligible to enroll
in FEHB. In 2012 OPM published a regulation extending FEHB eligibility
to certain temporary firefighters and some personnel performing
emergency response functions.
Seasonal employees. Seasonal employees working six months
or fewer are generally prohibited by regulation from enrolling in FEHB.
Intermittent employees. Intermittent employees are
generally prohibited by regulation from enrolling in FEHB. In 2012,
however, OPM published a regulation extending FEHB eligibility to
certain intermittent employees engaged in emergency response and
recovery work.
Temporary employees with more than a year of service. Per
statute, these employees can enroll in an FEHB plan if they pay the
entire premium with no Government contribution.
OPM has worked with Federal payroll providers to assess how many
full-time non-Postal Federal employees are without access to FEHB. The
data show that all responding executive agencies have a small number of
full-time employees (as defined in Section 4980H of the IRC) without
access to FEHB. The number without access varies from agency to agency.
Within agencies, the number varies from month to month. Some large
departments hire full-time temporary or seasonal employees only for a
few months of the year.
The agencies included in our data, in aggregate, offer FEHB to at
least 95 percent of full-time employees (as defined in IRC section
4980H) (and their dependents) for all months. Across civilian, non-
Postal, executive agencies and all months of the year, our data
indicate that there are 300,000 full-time (as defined in IRC section
4980H) employee-months currently ineligible for FEHB (0.9 to 2 percent
of the Federal workforce).
The Federal government and its agencies are subject to employer
shared responsibility under IRC section 4980H like other applicable
large employers. The employer shared responsibility payments only apply
if a full-time employee (generally defined as an employee with 130
hours of service in a month) receives a premium tax credit in
connection with the purchase of health insurance through an Exchange.
We do not know whether the Federal full-time employees not yet eligible
for FEHB would, in the absence of this rule, be eligible for premium
tax credits in connection with coverage purchased on an Exchange
because we lack information on other available sources of health
coverage or household income. Even in the extremely unlikely case that
all 300,000 full-time employee-months without FEHB did receive a
premium tax credit in connection with coverage purchased on an
Exchange, the total assessable payment incurred by the Federal agencies
would be well below the threshold, set by Executive Order 12866, for
economic significance, which is $100 million.\2\
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\2\ The relevant employer payment would be $250 per month (or
$3,000 per year), as indexed, only for those full-time employees who
receive a premium tax credit in connection with coverage purchased
on an Exchange.
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Impacts of the Final Rule
Agencies may incur additional FEHB costs; a rough quantification of
these potential costs appears below.
We do not know how many individuals without an offer of FEHB, which
varies widely from month to month, would enroll in FEHB if it were
available. Our similar recent regulations changing FEHB coverage to
certain temporary firefighters and disaster recovery workers resulted
in very limited take-up, ranging from approximately 10 to 20 percent.
We estimate, using enrollment-weighted averages, that FEHB coverage
currently costs the government about $700 per full-time worker per
month for affected agencies.\3\ Given this average cost estimate, if
those currently without FEHB eligibility become eligible and the
portion of newly eligible employees who enroll is between 10 and 20
percent, this modification would generate costs to the Federal
government of well below the threshold for economic significance, which
is $100 million.
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\3\ This estimate includes FEHB premium payments but not
administrative costs to employing agencies. We lack data to quantify
the latter.
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The premium payments newly made by the Federal government are
appropriately categorized as costs to society if rule-induced increases
in FEHB enrollment would be associated with providing additional
medical services to newly-enrolled individuals. To the extent that
increases in enrollment do not change how society uses its resources,
then premium payments by the government would instead be transfers
between members of society. Recipients of these transfers could include
newly-enrolled individuals, if they would have paid (or paid more) for
medical services or for health insurance premiums in the absence of the
rule, or providers and charities, if the effect of the rule is a
decrease in uncompensated care.
We lack exact data to quantify rule-induced public health benefits
or to refine our estimates of costs and transfers.
Federalism
We have examined this rule in accordance with Executive Order
13132, Federalism, and have determined that this rule will not have any
negative impact on the rights, roles and responsibilities of State,
local, or tribal governments.
List of Subjects in 5 CFR Part 890
Administrative practice and procedure, Government employees, Health
facilities, Health insurance, Health professions, Hostages, Iraq,
Kuwait, Lebanon, Military personnel, Reporting and recordkeeping
requirements, Retirement.
U.S. Office of Personnel Management.
Katherine Archuleta,
Director.
For the reasons set forth in the preamble, OPM is amending title 5,
chapter I, Code of Federal Regulations as follows:
PART 890--FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM
0
1. The authority citation for Part 890 continues to read as follows:
Authority: 5 U.S.C. 8913; Sec. 890.301 also issued under sec.
311 of Pub. L. 111-03, 123 Stat. 64; Sec. 890.111 also issued under
section 1622(b) of Pub. L. 104-106, 110 Stat. 521; Sec. 890.112 also
issued under section 1 of Pub. L. 110-279, 122 Stat. 2604; 5 U.S.C.
8913; Sec. 890.803 also issued under 50 U.S.C. 403p, 22 U.S.C. 4069c
and 4069c-1; subpart L also issued under sec. 599C of Pub. L. 101-
513, 104 Stat. 2064, as amended; Sec. 890.102 also issued under
sections 11202(f),
[[Page 62329]]
11232(e), 11246 (b) and (c) of Pub. L. 105-33, 111 Stat. 251; and
section 721 of Pub. L. 105-261, 112 Stat. 2061.
0
2. Section 890.102 is amended by adding paragraphs (j) and (k) to read
as follows:
Sec. 890.102 Coverage.
* * * * *
(j)(1) Notwithstanding paragraphs (c)(1), (2), and (3) of this
section, a non-Postal employee working on a temporary appointment, a
non-Postal employee working on a seasonal schedule of less than 6
months in a year, or a non-Postal employee working on an intermittent
schedule, for whom the employing office expects the total hours in pay
status (including overtime hours) plus qualifying leave without pay
hours to be at least 130 hours per calendar month, is eligible to
enroll in a health benefits plan under this part as follows:
(i) If the employing office expects the employee to work at least
90 days, the employee is eligible to enroll upon notification of the
employee's eligibility by the employing office, and
(ii) If the employing office expects the employee to work for fewer
than 90 days and the employee actually works for fewer than 90 days,
the employee will generally be ineligible to enroll in FEHB because the
employee will not be employed at the end of the waiting period
applicable to these employees. However, if the expectation changes and
the employee is expected to work for 90 days or more, that individual
is eligible to enroll upon notification by the employing office, but
enrollment (including the effective date of coverage) must be no later
than the end of the waiting period ending the 91st day after the first
day of employment.
(2) An employee working on a temporary appointment, an employee
working on a seasonal schedule of less than 6 months in a year, or an
employee working on an intermittent schedule for whom the employing
office expects the total hours in pay status (including overtime hours)
plus qualifying leave without pay hours to be less than 130 hours per
calendar month is generally ineligible to enroll in a health benefits
plan under this part. If the expectation of hours of employment changes
to 130 hours or more per month for a non-Postal employee, that employee
is eligible to enroll in a health benefits plan under this part as
described in paragraph (j)(1)(i) of this section.
(3) Once an employee is enrolled under this paragraph (j),
eligibility will not be revoked, regardless of his or her actual work
schedule or employer expectations in subsequent years, unless the
employee separates from Federal service, receives a new appointment (in
which case eligibility will be determined by the rules applicable to
the new appointment), or exceeds 365 days in nonpay status in
accordance with Sec. 890.303(e) (subject to extension, if applicable,
for qualifying leave without pay as defined at paragraph (j)(4) of this
section).
(4) For purposes of this paragraph (j), ``qualifying leave without
pay hours'' means hours of leave without pay for purposes of taking
leave under the Family and Medical Leave Act, for performance of duty
in the uniformed services under the Uniformed Services Employment and
Reemployment Rights Act of 1994, 38 U.S.C. 4301 et seq., for receiving
medical treatment under Executive Order 5396 (Jul. 7 1930), and for
periods during which workers compensation is received under the Federal
Employees Compensation Act, 5 U.S.C. chapter 81.
(5) Each temporary employee who is initially eligible for FEHB
coverage on the basis of this paragraph (j) is entitled to enroll in
accordance with Sec. 890.301(a). A temporary employee who is currently
eligible under 5 U.S.C. 8906a (with no Government contribution) but who
is not enrolled on November 17, 2014, and who would also meet
eligibility requirements on the basis of paragraph (j), is entitled to
enroll (with a Government contribution) on the basis of paragraph (j)
in accordance with Sec. 890.301(h)(4)(ii). A temporary employee who is
enrolled under 5 U.S.C. 8906a (with no Government contribution) on
November 17, 2014, and who would also meet eligibility requirements on
the basis of paragraph (j), is entitled to change enrollment (with a
Government contribution) on the basis of paragraph (j) in accordance
with Sec. 890.301(h)(4)(ii).
(k) The Director, upon written request of an employer of employees
other than those covered by 5 U.S.C. 8901(1)(A), may, in his or her
sole discretion, waive application of paragraph (j) of this section to
its employees when the employer demonstrates to the Director that the
waiver is necessary to avoid an adverse impact on the employer's need
to manage its workforce. However, a Tribal employer participating under
25 U.S.C. 1647b may provide a written notification to the Director that
it has chosen not to apply paragraph (j) of this section for its
workforce.
0
3. Amend Sec. 890.301 as follows:
0
a. Revise the heading of paragraph (h).b. Redesignate paragraph (h)(4)
as paragraph (h)(4)(i).
0
c. Add paragraph (h)(4)(ii).
The revision and addition read as follows:
Sec. 890.301 Opportunities for employees who are not participants in
premium conversion to enroll or change enrollment; effective dates.
* * * * *
(h) Change in employment status or entitlement to Government
contribution. * * *
(4) * * *
(ii) A change in entitlement to Government contribution as a result
of becoming eligible for coverage under Sec. 890.102(j).
* * * * *
[FR Doc. 2014-24652 Filed 10-14-14; 11:15 am]
BILLING CODE 6325-63-P