[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: 5CFR890.1105]

[Page 507]
 
                    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. 890.1105  Initial election of temporary continuation of coverage; 
application time limitations and effective dates.

    (a) The election of temporary continuation of coverage may be in the 
form of a Standard Form 2809, letter, or written statement to the 
employing office.
    (b) Former employees. A former employee's election under this 
subpart must be submitted to the employing office within 60 days after 
the later of--
    (1) The date of separation; or
    (2) The date the former employee received the notice from the 
employing office.
    (c) Children. A child's election under this subpart must be 
submitted to the employing office within 60 days after the later of--
    (1) The date of the qualifying event; or
    (2) If the employee notified the employing office within the 60-day 
time period specified under Sec. 890.1104(b)(1) of this part, the date 
the child received the notice from the employing office. If the employee 
did not notify the employing office within the specified time period, 
the child's opportunity to elect continued coverage ends 60 days after 
the qualifying event.
    (d) Former spouses. (1) A former spouse's election must be received 
by the employing office within 60 days after the later of--
    (i) The date of the qualifying event; or
    (ii) The date coverage under subpart H of this part was lost because 
of remarriage or loss of qualifying court order, if the loss of coverage 
under subpart H occurred before the expiration of the 36-month period 
specified in Sec. 890.1107(c); or
    (iii) If the employee, annuitant, or former spouse notified the 
employing office of the termination of the marriage within the time 
period specified in Sec. 890.1104(c)(1), the date the former spouse 
received the notice from the employing office described in Sec. 
890.1104(c)(2). If the employee, annuitant, or former spouse did not 
notify the employing office within the specified time period, the former 
spouse's opportunity to elect continued coverage ends 60 days after the 
qualifying event.
    (2) The effective date of former spouse coverage is the later of--
    (i) The date determined under paragraph (g) of this section; or
    (ii) The date of the divorce or annulment.
    (e) If an individual who is eligible for temporary continuation of 
coverage under this section is unable to file an election on his or her 
own behalf because of a mental or physical disability, an election may 
be filed by a court-appointed guardian.
    (f) Belated elections. Except as provided in paragraphs (c)(2) and 
(d)(1)(iii) of this section, when an employing office determines that an 
eligible individual was unable, for cause beyond his or her control, to 
elect temporary continuation of coverage within the time limits 
prescribed by this section, that office must accept the election within 
60 days after it advises the individual of that determination.
    (g) Effective date of coverage. Except as provided in paragraph 
(d)(2)(ii) of this section, the effective date of temporary continuation 
of coverage is the day after other coverage under this part expires, 
including the 31-day temporary extension of coverage under Sec. 
890.401. If an individual elects temporary continuation of coverage 
after the 31-day temporary extension of coverage expires, but before the 
expiration of the applicable election period specified in this section, 
coverage is restored retroactively, with appropriate contributions and 
claims, to the same extent and effect as though no break in coverage 
occurred.

[54 FR 52339, Dec. 21, 1989, as amended at 62 FR 38442, July 18, 1997]