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This page can be found on the web at the following url:
http://www.opm.gov/insure/health/reference/handbook/FEHB28.asp

Insurance Programs

Health

Federal Employees Health Benefits Program Handbook

Family Members
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Family Members Eligible for Coverage

Employing Office Responsibilities

Your employing office is responsible for making decisions about whether a family member is eligible for coverage. If the carrier of your health benefits plan has any questions about whether someone is an eligible family member, it may ask you or your employing office for more information. The carrier must accept your employing office's decision on your family member's eligibility.

General Eligibility for Coverage

Family members eligible for coverage under your Self and Family enrollment are your spouse (including a valid common law marriage) and children under age 26, including legally adopted children, recognized natural (born out of wedlock) children and stepchildren.

Foster children are included if they meet the requirements listed here:

  • the child must be under age 26 (if the child is age 26 or over, he/she must be incapable of self-support);
  • the child must currently live with you;
  • the parent-child relationship must be with you, not the child's biological parent;
  • you must currently be the primary source of financial support for the child; and
  • you must expect to raise the child to adulthood.

A child age 26 or over who is incapable of self-support because of a mental or physical disability that existed before age 26 is also an eligible family member. In determining whether the child is a covered family member, your employing office will look at the child's relationship to you as the enrollee.

A grandchild is not an eligible family member, unless the child qualifies as your foster child.

Special rules apply to family members if you are enrolled as a survivor annuitant or under the Spouse Equity or temporary continuation of coverage (TCC) provisions.

Defense of Marriage Act

Same sex partners are not eligible family members. The law defines family members as a spouse and a child under age 26. Public Law 104-199, Defense of Marriage Act, states, " the word 'marriage' means only a legal union between one man and one woman as husband and wife, and the word 'spouse' refers only to a person of the opposite sex who is a husband or a wife."

Eligible Family Members Automatically Covered

When you enroll for Self and Family, you automatically include all eligible members of your family. If you don't list an eligible family member on your Health Benefits Election Form (SF 2809) or other enrollment request, that person is still entitled to coverage. If you list a person who is not an eligible family member, your employing office will explain why the person is not eligible for coverage and will remove the name from the list. The listing of an ineligible person on the SF 2809 doesn't entitle him/her to benefits.

Adopted Children

Applicable State law governs whether a child has been adopted. The child is adopted if the adoption decree is final. The child also is considered adopted if the adoption decree is interlocutory and State law provides that the rights of the child generally are the same as those of an adopted child.

Stepchildren

In general, your spouse's legitimate or adopted child, or child born out of wedlock is considered to be your stepchild. However, your spouse's stepchild (by a previous marriage) is not your stepchild.

Under the FEHB Program, your stepchild remains a stepchild and an eligible family member after your divorce from, or the death of, the natural parent, provided that the stepchild continues to live with you in a regular parent-child relationship.

If your stepchild stops living with you in a regular parent-child relationship, the child is eligible for coverage under temporary continuation of coverage (TCC) provisions because he/she no longer meets the definition of an eligible child.

If you divorce and your former spouse is eligible to enroll under either the Spouse Equity or TCC provisions, only the natural or adopted children of both you and your former spouse are covered under your former spouse's Self and Family enrollment. Your stepchildren are not covered even though they may have been covered previously by your Self and Family enrollment. However, they may qualify for a TCC enrollment of their own.

Foster Children

Requirements

To be considered a foster child for health benefits purposes:

  • the child must be under age 26 (if the child is over age 26 or over, he/she must be incapable of self-support);
  • the child must currently live with you;
  • the parent-child relationship must be with you, not the child's biological parent;
  • you must currently be the primary source of financial support for the child; and
  • you must expect to raise the child to adulthood.

You don't need to be related to the child nor do you need to legally adopt him/her. As long as the above requirements are met, you may have a foster parent-child relationship even when:

  • the child's natural parents are alive;
  • the child's natural parent lives with you; or
  • the child receives some support from sources other than you (for example, social security payments or support payments from a parent).

Common examples of a foster parent-child relationship are:

  • A child whose parents have died is living with, and being supported by, a close relative who is an enrollee.
  • A child who is living with and financially dependent on a grandparent who is an enrollee. (The natural parent of the child may also be a dependent.)
  • A child living with an enrollee under a preadoption agreement.
  • A child who is in the legal custody of an enrollee.

How to Get a Foster Child Covered

For your foster child to be covered under your FEHB enrollment, you must provide documentation of your regular and substantial support of the child; sign a certification stating that your foster child meets all the requirements

Certification for Foster Children

You may use the following link to the foster child certification to establish your foster child's eligibility for coverage as a family member to your employing office. Your employing office must file the original statement in your Official Personal Folder.

CERTIFICATION FOR FOSTER CHILDREN

I have been informed of the following requirements for coverage of a foster child under the Federal Employees Health Benefits Program:

  1. The child must be under age 26. (If the child is age 26 or older, he/she can only be covered if he/she is incapable of self-support because of a disabling condition that began before age 26. I must provide documentation of this to my employing office.);
  2. The child must currently live with me;
  3. I must currently be the primary source of financial support for the child;
  4. The parent-child relationship must be with me, not with the biological parent. This means that I am exercise parental authority, responsibility, and control. I care for, support, discipline, and guide the child. I make the decisions about the child's education and health care; and
  5. I must expect to raise the child into adulthood.

I understand that if the child moves out of my home to live with a biological parent, he/she loses coverage and cannot ever again be covered as a foster child unless the biological parent dies, is imprisoned, or becomes incapable of caring for the child due to a disability, or unless I obtain a court order taking parental responsibility away from the biological parent.

This is to certify that: ____________________ (name of child) lives with me; I am the primary source of financial support for this child; I have a regular parent-child relationship with this child, as described above; and I intend to raise this child into adulthood.

I have provided my employing agency proof of my regular and substantial support for ___________________________(name of child).

I will immediately notify both my employing office and the health benefits carrier if this child moves out of my home, or ceases to be financially dependent on me.



(Print name of employee/annuitant)                          (Social Security Number)





(Signature of employee/annuitant)                            (Date)