[Code of Federal Regulations]
[Title 5, Volume 2]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR890.1108]

[Page 508-510]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED)
 
PART 890_FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM--Table of Contents
 
              Subpart K_Temporary Continuation of Coverage
 
Sec. 890.1108  Opportunities to change enrollment; effective dates.

    (a) Effective date--generally. Except as otherwise provided, a 
change of enrollment takes effect on the first day of the first pay 
period that begins after the date the employing office receives an 
appropriate request to change the enrollment.
    (b) Belated change of enrollment. When an employing office 
determines that an enrollee was unable, for cause beyond his or her 
control, to change the enrollment within the time limits prescribed by 
this section, the enrollee may do so within 60 days after the employing 
office advises the enrollee of its determination.
    (c) Change of enrollment by proxy. Subject to the discretion of the 
employing office, an enrollee's representative, having written 
authorization to do so, may change the enrollment for the enrollee.
    (d) Change to self only. (1) An enrollee may change the enrollment 
from self and family to self only at any time.
    (2) A change of enrollment to self only takes effect on the first 
day of the first pay period that begins after the date the employing 
office receives an appropriate request to change the enrollment, except 
that at the request of the enrollee and upon a showing satisfactory to 
the employing office that there was no family member eligible

[[Page 509]]

for coverage under the family enrollment, the employing office may make 
the change effective on the first day of the pay period following the 
one in which there was no family member.
    (e) Open season. (1) During an open season as provided by Sec. 
890.301(f), an enrollee (except for a former spouse who is eligible for 
continued coverage under Sec. 890.1103(a)(3)) may change the enrollment 
from self only to self and family, from one plan or option to another, 
or make any combination of these changes. A former spouse who is 
eligible for continued coverage under Sec. 890.1103(a)(3) may change 
from one plan or option to another, but may not change from self only to 
self and family unless the individual to be covered under the family 
enrollment qualifies as a family member under Sec. 890.1106(a)(2).
    (2) An open season change of enrollment takes effect on the first 
day of the first pay period that begins in January of the next following 
year.
    (3) When a belated open season change of enrollment is accepted by 
the employing office under paragraph (b) of this section, it takes 
effect as required by paragraph (e)(2) of this section.
    (f) Change in family status. (1) Except for a former spouse, an 
enrollee may change the enrollment from self only to self and family, 
from one plan or option to another, or make any combination of these 
changes when the enrollee's family status changes, including a change in 
marital status or any other change in family status. The enrollee must 
change the enrollment within the period beginning 31 days before the 
date of the change in family status, and ending 60 days after the date 
of the change in family status.
    (2) A former spouse who is covered under this section may change the 
enrollment from self only to self and family, from one plan or option to 
another, or make any combination of these changes within the period 
beginning 31 days before and ending 60 days after the birth or 
acquisition of a child who qualifies as a covered family member under 
Sec. 890.1106(a)(2).
    (3) A change of enrollment made in conjunction with the birth of a 
child, or the addition of a child as a new family member in some other 
manner, takes effect on the first day of the pay period in which the 
child is born or becomes an eligible family member.
    (g) Reenrollment of individuals who lose other coverage under this 
part. An individual whose continued coverage under this section 
terminates because of the provisions of Sec. 890.1110(a)(3) 
(termination due to other coverage under another provision of this part) 
may reenroll if the coverage that terminated the enrollment under this 
part ends, but not later than the expiration of the period described in 
Sec. 890.1107. Coverage does not extend beyond the expiration of the 
period described in Sec. 890.1107. The effective date of the 
reenrollment is the day following the termination of the coverage 
described in Sec. 890.1110(a)(3).
    (h) Loss of coverage under this part or under another group 
insurance plan. An enrollee may change the enrollment from self only to 
self and family, from one plan or option to another, or make any 
combination of these changes when the enrollee loses coverage under this 
part or a qualified family member of the enrollee loses coverage under 
this part or under another group health benefits plan. Except as 
otherwise provided, an enrollee must change the enrollment within the 
period beginning 31 days before the date of loss of coverage and ending 
60 days after the date of loss of coverage. Losses of coverage include, 
but are not limited to--
    (1) Loss of coverage under another FEHB enrollment due to the 
termination, cancellation, or change to self only, of the covering 
enrollment.
    (2) Loss of coverage under another federally-sponsored health 
benefits program.
    (3) Loss of coverage due to the termination of membership in an 
employee organization sponsoring or underwriting an FEHB plan.
    (4) Loss of coverage due to the discontinuance of an FEHB plan, in 
whole or in part. For an enrollee who loses coverage under this 
paragraph (h)(4)--
    (i) If the discontinuance is at the end of a contract year, the 
enrollee must change the enrollment during the open season, unless OPM 
establishes a different time. If the discontinuance is at

[[Page 510]]

a time other than the end of the contract year, OPM must establish a 
time and effective date for the enrollee to change the enrollment.
    (ii) If the whole plan is discontinued, an enrollee who does not 
change the enrollment within the time set is considered to have 
cancelled the plan in which enrolled.
    (iii) If a plan has two options, and one option of the plan is 
discontinued, an enrollee who does not change the enrollment is 
considered to be enrolled in the remaining option of the plan.
    (5) Loss of coverage under the Medicaid program or similar State-
sponsored program of medical assistance for the needy.
    (6) Loss of coverage under a non-Federal health plan.
    (i) Move from comprehensive medical plan's area. An enrollee in a 
comprehensive medical plan who moves or becomes employed outside the 
geographic area from which the plan accepts enrollments, or, if already 
outside this area, moves or becomes employed further from this area, may 
change the enrollment upon notifying the employing office of the move or 
change of place of employment. Similarly, an enrollee whose covered 
family member moves outside the geographic area from which the plan 
accepts enrollments, or if already outside this area, moves further from 
this area, may change the enrollment upon notifying the employing office 
of the family member's move. The change of enrollment takes effect on 
the first day of the pay period that begins after the employing office 
receives an appropriate request.
    (j) On becoming eligible for Medicare. An enrollee may change the 
enrollment from one plan or option to another at any time beginning on 
the 30th day before becoming eligible for coverage under title XVIII of 
the Social Security Act (Medicare). A change of enrollment based on 
becoming eligible for Medicare may be made only once.

[62 FR 38442, July 18, 1997]