Number: |
06-401 |
Date: January 4, 2006 |
Subject: |
Federal Employees Health Benefits (FEHB) Program: Extended Coverage for Employees Called to Active Military Duty |
PURPOSE
The National Defense Authorization Act for 2005 (Public Law 108-375), signed by President Bush on October 28, 2004, provides extended FEHB coverage to Federal employees called to active duty and who meet certain requirements, including serving in support of a contingency operation.
The Veterans Benefits Improvement Act of 2004 (Public Law 108-454), signed by President Bush on December 10, 2004, provides extended FEHB coverage for Federal employees absent from their employment to serve in the uniformed services.
This Benefits Administration Letter explains how to provide the continued FEHB coverage authorized by these Acts.
PUBLIC LAW 108-375
P.L. 108-375 amended FEHB law to provide up to 24 months of continued FEHB coverage for Federal employees who are called to active duty in support of a contingency operation (5 U.S.C. 8905a), and to authorize agencies to pay the employee's share and the Government's share of premiums for up to 24 months (5 U.S.C. 8906 (e)(3)). The Act provides that this enhanced benefit is available for any employee who:
The expanded authority for agency premium payments authorized by P.L. 108-375 is a valuable benefit that helps reservists and their families shoulder the cost of health care during a time when additional benefits are needed most. Therefore, OPM continues to encourage you to assist employee reservists by paying the employee and the Government shares of FEHB premiums for up to 24 months based on guidelines specified in this law.
P.L. 108-375 Effective Date
These changes apply to employees called or ordered to active duty in support of a contingency operation on or after September 14, 2001, who meet the above requirements.
General Processing and Counseling Information
Since the amendments to FEHB law authorized by P.L. 108-375 are retroactive, we expect that you may be extending coverage for: (1) reservists who are on active duty who are currently enrolled in FEHB, (2) reservists on active duty whose enrollments terminated after 18 months and request the additional coverage, and (3) reservists who have been discharged from active duty and request the additional coverage. Although the processing guidelines for these categories are in separate sections below, the general information in this section applies to all.
Employees on Active Duty
Employees Discharged from Active Duty
Notify employees who have been discharged from active duty and whose FEHB terminated after 18 months that they are eligible for extended FEHB coverage if requested. If the employee provides documentation (DD form 214) showing the dates of active duty, you may process the employee's request for up to 6 additional months of coverage during active duty.
PUBLIC LAW 108-454
Public Law 108-454, the Veterans' Benefits Improvement Act of 2004, was enacted December 10, 2004. It amended 38 U.S.C. 4317(a)(1)(A) to extend from 18 to 24 months the length of an employee's health insurance coverage when the employee is absent because of service in the uniformed services. For FEHB purposes, this law applies to employees who are called to active duty but do not meet all the requirements of P.L. 108-375. Generally, these employees have orders that do not show that they are called to active duty in support of a contingency operation. As before, they do not meet the requirements of FEHB law for agency premium payment during active duty.
P.L. 108-454 Effective Date
This amendment applies to elections made on or after December 10, 2004. "Elections" generally refers to an expressed intention to continue FEHB during active duty, and may consist of a statement showing an employee's intent to continue FEHB (for example, a counseling check list or memo).
Employees who were called to active duty and elected to continue their health insurance coverage before December 10, 2004, can continue their FEHB enrollment for only 18 months. Some of these employees may still be on active duty.
ADDITIONAL INFORMATION
If you have further questions about the continued FEHB coverage authorized by P.L. 108-375 and P.L. 108-454, please contact Ronald Brown at 202-606-0004, or by e-mail at Ronald.Brown@opm.gov. As we develop questions and answers about this topic, we will add them to "FEHB for Federal Civilian Employees who Perform Active Military Duty" in the Frequently Asked Questions section of our FEHB webpage. You may access our webpage at www.opm.gov/insure/health.
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Sincerely, Robert F. Danbeck |
P.L. 108-375 Processing Table [17 KB] |
Download this Letter as a PDF File [54 KB] |