[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: 5CFR890.804]

[Page 475-476]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED)
 
PART 890_FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM--Table of Contents
 
                  Subpart H_Benefits for Former Spouses
 
Sec. 890.804  Coverage.

    (a) Type of enrollment. A former spouse who meets the requirements 
of Sec. 890.803 may elect coverage for self alone or for self and 
family. A family enrollment covers only the former spouse and any 
unmarried dependent natural or adopted child of both the former spouse 
and the employee, former employee or employee annuitant, provided such 
child is not otherwise covered by a health plan under this part. An 
unmarried dependent child must be under age 22 or incapable of self-
support because of a mental or physical disability existing before age 
22. No person may be covered by two enrollments.
    (b) Proof of dependency. (1) A child is considered to be dependent 
on the former spouse or the employee, former

[[Page 476]]

employee, or employee annuitant if he or she is--
    (i) A legitimate child;
    (ii) An adopted child;
    (iii) A recognized natural child who lives with the former spouse or 
the employee, former employee, or employee annuitant in a regular 
parent-child relationship.
    (iv) A recognized natural child for whom a judicial determination of 
support has been obtained; or
    (v) A recognized natural child to whose support the former spouse, 
or the employee, former employee, or employee annuitant makes regular 
and substantial contributions in accordance with Sec. 890.302(b)(2).
    (c) Exclusions from coverage. Coverage as a family member may be 
denied--
    (1) If evidence shows that the former spouse, employee, former 
employee, or annuitant did not recognize the child as his or her own, 
despite a willingness to support the child; or
    (2) If evidence calls the child's paternity or maternity into doubt, 
despite the former spouse's employee's, former employee's, or employee 
annuitant's recognition and support of the child.
    (d) Child incapable of self-support. When a former spouse enrolls 
for a family enrollment which includes a child who has become 22 years 
of age and is incapable of self-support, the employing office shall 
determine such child's eligibility in accordance with Sec. 890.302(d), 
(e), and (f).
    (e) Meaning of unmarried child. A child, under age 22 or incapable 
of self-support, who has never married or whose marriage has been 
annulled, or a child who is divorced or widowed is considered to be 
unmarried.