[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: 5CFR890.1303]

[Page 514-515]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED)
 
PART 890_FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM--Table of Contents
 
   Subpart M_Department of Defense Federal Employees Health Benefits 
                      Program Demonstration Project
 
Sec. 890.1303  Eligibility.

    (a) To enroll in the demonstration project, an individual must live 
within one of the demonstration areas and meet the definition of an 
eligible beneficiary in 10 U.S.C. 1108(b). An eligible beneficiary under 
this subpart is--
    (1) A member or former member of the uniformed services described in 
section 1074(b) of title 10, United States Code, who is entitled to 
hospital insurance benefits under part A of title

[[Page 515]]

XVIII of the Social Security Act (42 U.S.C. 1395c et seq.);
    (2) An individual who is an unremarried former spouse of a member or 
former member described in section 1072(2)(F) or section 1072(2)(G) of 
title 10, United States Code;
    (3) An individual who is--
    (i) A dependent of a deceased member or former member described in 
section 1076(b) or 1076(a)(2)(B) of title 10, United States Code, or of 
a member who died while on active duty for a period of more than 30 
days; and
    (ii) A ``member of family'' as defined in section 8901(5) of title 
5, United States Code; or
    (4) An individual who is--
    (i) A dependent of a living member or former member described in 
section 1076(b)(1) of title 10, United States Code, who is entitled to 
hospital insurance benefits under part A of title XVIII of the Social 
Security Act, regardless of the member's or former member's eligibility 
for such hospital insurance benefits; and
    (ii) A ``member of family'' as defined in section 8901(5) of title 
5, United States Code.
    (b) An eligible beneficiary may enroll in an FEHB plan under chapter 
89 of title 5, United States Code, for self-only coverage or for self 
and family coverage. A self and family enrollment will include coverage 
of a dependent of the military member or former member who meets the 
definition of a ``member of family'' in section 8901(5) of title 5, 
United States Code. A self and family enrollment will not cover a person 
related to the eligible beneficiary that does not qualify as a ``member 
of family'' (as defined in section 8901(5) of title 5, United States 
Code) of the military member or former member.
    (c) A person eligible for coverage under this subpart shall not be 
required to satisfy any eligibility criteria specified in chapter 89 of 
title 5, United States Code, or in other subparts of this part (except 
as provided in paragraphs (a)(3), (a)(4), and (b) of this section) as a 
condition for enrollment in health benefit plans offered through the 
FEHB Program under the demonstration project.
    (d) When determining whether an individual is a ``member of family'' 
under section 8901(5) of title 5, United States Code, for purposes of 
paragraph (a)(3) and (a)(4) of this section, a DoD member or former 
member described in section 1076(b) or 1076(a)(2)(B) of title 10, United 
States Code, shall be deemed to be an employee under chapter 89 of title 
5, United States Code. The sole purpose for deeming these members or 
former members of the uniformed services employees under chapter 89 of 
title 5, United States Code, is to determine which of their dependents 
can enroll as eligible beneficiaries in the demonstration project.
    (e) A person who is eligible to enroll in the FEHB Program as an 
employee as defined in section 8901(1) of title 5, United States Code, 
is not eligible to enroll in an FEHB plan under the demonstration 
project.