Rule2023-15375
FEDVIP: Extension of Eligibility to Certain Employees on Temporary Appointments and Certain Employees on Seasonal and Intermittent Schedules; Enrollment Clarifications and Exceptions for Changes in Enrollment
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Published
July 25, 2023
Effective
July 25, 2023
Issuing agencies
Personnel Management Office
Abstract
The Office of Personnel Management (OPM) is finalizing provisions to expand eligibility for enrollment in the Federal Employees Dental and Vision Insurance Program (FEDVIP) to additional categories of Federal employees, and certain Postal employees. This rule also updates the provisions on enrollment for active duty service members who become eligible for FEDVIP as uniformed service retirees pursuant to the National Defense Authorization Act of 2017 (fiscal year 2017 (FY17) NDAA). In addition, this rule adds exceptions to decrease an enrollment type and to cancel an enrollment for certain enrollees who may become eligible for dental and/or vision services from the Department of Veterans Affairs (VA). Lastly, the rule also includes technical corrections and clarifications to the part.
Full Text
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<title>Federal Register, Volume 88 Issue 141 (Tuesday, July 25, 2023)</title>
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[Federal Register Volume 88, Number 141 (Tuesday, July 25, 2023)]
[Rules and Regulations]
[Pages 47741-47749]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-15375]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 88, No. 141 / Tuesday, July 25, 2023 / Rules
and Regulations
[[Page 47741]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 894
RIN 3206-AN91
FEDVIP: Extension of Eligibility to Certain Employees on
Temporary Appointments and Certain Employees on Seasonal and
Intermittent Schedules; Enrollment Clarifications and Exceptions for
Changes in Enrollment
AGENCY: Office of Personnel Management.
ACTION: Final rule.
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SUMMARY: The Office of Personnel Management (OPM) is finalizing
provisions to expand eligibility for enrollment in the Federal
Employees Dental and Vision Insurance Program (FEDVIP) to additional
categories of Federal employees, and certain Postal employees. This
rule also updates the provisions on enrollment for active duty service
members who become eligible for FEDVIP as uniformed service retirees
pursuant to the National Defense Authorization Act of 2017 (fiscal year
2017 (FY17) NDAA). In addition, this rule adds exceptions to decrease
an enrollment type and to cancel an enrollment for certain enrollees
who may become eligible for dental and/or vision services from the
Department of Veterans Affairs (VA). Lastly, the rule also includes
technical corrections and clarifications to the part.
DATES: The final rule is effective on July 25, 2023.
FOR FURTHER INFORMATION CONTACT: Julia Elam, Supervisory Analyst, at
<a href="/cdn-cgi/l/email-protection#afc5dac3c6ce81cac3cec2efc0dfc281c8c0d9"><span class="__cf_email__" data-cfemail="1e746b72777f307b727f735e716e7330797168">[email protected]</span></a> or (202) 606-1560.
SUPPLEMENTARY INFORMATION: OPM is modifying eligibility for coverage
under the FEDVIP to certain Federal employees on temporary appointments
and certain employees on seasonal and intermittent schedules who became
eligible for Federal Employees Health Benefits (FEHB) coverage in 2015,
which includes Postal employees on temporary appointments and seasonal
and intermittent schedules. This rule also expands access to FEDVIP
benefits to certain firefighters on temporary appointments and
intermittent emergency response personnel who became eligible for FEHB
coverage in 2012. This rule also updates the provisions on enrollment
for active duty service members who become eligible for FEDVIP as
uniformed service retirees pursuant to the FY17 NDAA. In addition, this
rule adds an exception to decrease an enrollment type and an exception
to cancel an enrollment for certain enrollees who may become eligible
for dental and/or vision services from the VA and who do not pay
premiums on a pre-tax basis. Lastly, the rule also has technical
corrections and clarifications to the part.
The authority to extend FEDVIP eligibility to additional groups of
employees falls under OPM's regulatory authority at 5 U.S.C. 8962 and 5
U.S.C. 8992 to determine eligibility of employees based on the nature
and type of employment. On October 21, 2021, OPM issued a proposed rule
(86 FR 57764) to amend 5 CFR part 894. The proposed rule had a 60-day
comment period during which OPM received a total of nine comments. This
final rule adopts most of the rule as proposed and has amendments to
Sec. Sec. 894.101, 894.105, 894.201, 894.202, 894.203, 894.301,
894.302, 894.401, 894.403, 894.501, 894.502, 894.504, 894.507, 894.510,
894.602, 894.702, and 894.704. There are also technical corrections to
Sec. Sec. 894.511 and 894.601, and updates throughout 5 CFR part 894
that clarify certain provisions that apply to both Federal employees
and employees of the United States Postal Service (USPS).
Responses to Comments on the Proposed Rule
OPM received seven comments from individual members of the public,
Federal employees, Federal agencies, and an employee union on the
proposed rule, and an additional two comments were not responsive to
the subject matter discussed in the rule. The majority of commenters
expressed support for the regulation regarding the expansion of FEDVIP
to additional Federal employees and Postal employees. This rule will
align benefits for similarly situated employees, add exceptions for
decreasing enrollment type and cancelling an enrollment, and clarify
existing provisions.
Two commenters expressed general concerns about Federal benefits
programs. One commenter stated that instead of opening up FEDVIP to
more employees, OPM should consider requiring FEHB plans to include
basic preventive dental care and eye exams/glasses as preventive care
saves money. Another commenter suggested discontinuing FEDVIP stating
that it favors insurance companies. OPM declines these suggestions and
notes that FEDVIP dental plans include preventive services such as
routine services like exams and cleanings at no cost to enrollees when
using in-network dentists. FEDVIP vision plans offer annual coverage
for routine care such as vision exams and routine products such as
vision lenses and frames. There are FEHB plans that offer some dental
and vision benefits, and eligible enrollees have an option to enroll in
FEDVIP for comprehensive dental and/or vision insurance.
Several commenters had similar comments and supported the
regulation stating that the expansion is necessary and overdue. The
commenters stated Federal employees performing the same job should not
receive different benefits. They stated that expanding FEDVIP to more
Federal employees will have a positive impact, including on FEDVIP
rates, and will foster more competition in hiring and the ability to
retain a strong workforce in the Federal Government. They also stated
this could foster greater competition with the private sector. One of
the commenters stated that all Federal employees eligible for FEHB
should be able to receive dental and vision coverage and suggested that
the FEHB Program should include basic dental and vision benefits with
the option of choosing a plan with more coverage for more serious
dental care.
Another commenter who supports the rule detailed its importance for
wildland firefighters and discussed the detrimental health effects of
wildfires such as eye and respiratory tract irritation, reduced lung
function, bronchitis, exacerbation of asthma and heart failure, and
premature death. The commenter also discussed the importance of
firefighters for public
[[Page 47742]]
safety and the need for the Federal Government to hire more wildland
firefighters. The commenter stated expansion of FEDVIP to seasonal,
temporary, and/or intermittent employees, including firefighters, will
allow the Federal Government to hire and retain a strong workforce that
will overall benefit the public and the environment.
OPM appreciates the supportive comments about expanding FEDVIP to
additional employees. In response to the comment that expanding FEDVIP
will result in competitive rates for employees, OPM cannot estimate the
impact on premium rates as we cannot predict the uptake of the eligible
population. In response to the suggestion that FEHB plans should
include basic dental and vision, OPM notes that is outside the scope of
this rule and there are FEHB plans with dental and vision benefits
which vary by plan.
OPM received several comments from a commenter in support of the
proposed rule as it impacts non-career Postal employees as well as
recommendations on the rule. The commenter supported the rule's
proposal that newly eligible employees may enroll within 60 days of
publication of the final rule, after the employing office notifies
employees of their eligibility for FEDVIP. The commenter explained that
the USPS normally uses 60 days to allow newly hired non-career
employees to enroll in a non-career health benefit plan after they are
hired. The commenter recommended that OPM authorize an enrollment
procedure similar to the process that is used to enroll City Carrier
Assistants in USPS's non-career health benefits health plan. OPM would
like to clarify that authorization of a procedure is unnecessary, and
that FEDVIP enrollment takes place through BENEFEDS, a secure
enrollment website sponsored by OPM that allows eligible individuals to
enroll or change enrollment in a FEDVIP plan.
The commenter also identified a possible ambiguity regarding
eligibility as the preamble of the proposed rule states that certain
Postal temporary employees and Postal employees on seasonal and
intermittent schedules expected to work 130 hours per calendar month,
for at least 90 days, would be eligible for FEDVIP. However, the
proposed paragraph (e)(5) of 5 CFR 894.302 regarding the eligibility of
temporary employees cross-referenced 5 CFR 890.102(j), a provision in
the FEHB regulation stating that only non-Postal employees on temporary
appointments, and non-Postal employees working on seasonal and
intermittent schedules are eligible for FEHB. We have modified the
regulatory text throughout 5 CFR 894.302 and added paragraphs (e)(5)
and (6), (f)(3), and (g)(2) to clarify that Postal employees on
temporary appointments and those on seasonal and intermittent schedules
are eligible for FEDVIP.
In addition, the preamble to the proposed rule included an estimate
of Federal employees in the impacted categories that would become
eligible for FEDVIP. However, there was not an estimate of the impacted
categories of Postal employees who would become eligible. As of
September 2022, OPM estimates 72,100 Federal employees in the impacted
categories would become eligible for FEDVIP. As of fiscal year 2022,
approximately 118,609 \1\ Postal employees in the impacted categories
would become eligible for FEDVIP. This estimate of Postal employees is
based on the category of Postal employees referred to as full-time non-
career (sometimes referred to as pre-career) employees and generally
corresponds to the category of employees affected by the modification
of FEDVIP eligibility under this final rule.
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\1\ United States Postal Service, Fiscal Year 2022 Annual Report
to Congress, available at <a href="https://about.usps.com/what/financials/annual-reports/fy2022.pdf">https://about.usps.com/what/financials/annual-reports/fy2022.pdf</a>.
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Changes From the Proposed Rule
OPM has made several changes to this final rule regarding
eligibility for Postal employees on temporary appointments and seasonal
and intermittent schedules and technical corrections. First, we updated
the List of Subjects in 5 CFR part 894 to remove the terms ``Hostages,
Iraq, Kuwait, and Lebanon'' to update the topics currently in FEDVIP
regulations. Second, the final rule updates 5 CFR 894.101 to clarify
that the term ``enrollee'' also includes employees or annuitants of the
USPS. Third, the proposed rule cross-referenced 5 CFR 890.102(j) in
several paragraphs in Sec. 894.302, which would inadvertently exclude
Postal employees from eligibility for the FEDVIP modification. To
correct this, the final rule in Sec. 894.302 adds new paragraphs
(e)(5) and (6), (f)(3), and (g)(2) to clarify that Postal employees on
temporary appointments and seasonal and intermittent schedules are
eligible for FEDVIP. Fourth, the final rule clarifies in 5 CFR
894.301(d) that employees in positions providing emergency response
services for wildland fire protection as described in in 5 CFR
890.102(h), and employees performing similar types of emergency
response services for whom, upon request by the employing agency, OPM
granted eligibility, as described in 5 CFR 890.102(i), are eligible for
FEDVIP. In Sec. 894.403, the final rule adds paragraph (b)(6) to
clarify that Postal Service employees who are not eligible for FEHB may
not pay FEDVIP premiums on a pre-tax basis. This applies to Postal
Service employees affected by the rule--generally non-career Postal
employees (temporary Postal employees as well as certain Postal
employees on seasonal and intermittent schedules).
The proposed rule proposed changing the term ``service'' to
``Federal employment'' in 5 CFR 894.501(c) to clarify that ``service''
refers to Federal employment. However, the final rule does not adopt
this change and retains the original regulatory language since
``service'' refers to employment at both Federal agencies and USPS, and
the clarification is not necessary. The proposed rule did add paragraph
(h) to Sec. 894.501 to clarify that an eligible individual may enroll
within 60 days of the individual's annuity or compensation being
restored after having been terminated, and that proposed change is
adopted.
In addition, the final rule clarifies inconsistencies in the
preamble and regulatory text of the proposed rule regarding a decrease
in enrollment type or cancellation of an enrollment because of
eligibility for dental or vision benefits from the VA. The proposed
rule had inconsistencies in whether an enrollee or family member had to
only be eligible for dental or vision benefits from the VA, or also
enroll in VA dental or vision benefits for the decrease in enrollment
type or cancellation to apply. The final rule clarifies that the
enrollee or family member must only be eligible for dental or vision
benefits from the VA to decrease enrollment type under new paragraph
(a)(3) of Sec. 894.510 and to cancel an enrollment under Sec.
894.602(c). OPM is using the broader term of eligibility since in
certain circumstances, veterans may not be required to enroll in order
to receive certain VA benefits.
The final rule also clarifies that under new paragraph (a)(3) of 5
CFR 894.510 that enrollees, identified in Sec. 894.403(b), who pay
premiums on a post-tax basis may decrease enrollment type if an
eligible family member becomes eligible for VA dental or vision
benefits. Under 5 CFR 894.510(a)(3), the enrollee must submit the
request within 60 days after notification of eligibility for VA dental
or vision benefits of a family member or TRICARE-eligible individual
(TEI) family member. The rule also clarifies that cancelling an
enrollment under Sec. 894.602(c) due to an enrollee
[[Page 47743]]
becoming eligible for VA dental or vision benefits applies to
enrollees, identified in Sec. 894.403(b), who do not pay premiums on a
pre-tax basis. For enrollees requesting to cancel enrollment under
Sec. 894.602(c), the enrollee must submit the request within 60 days
of notification of eligibility for VA dental or vision benefits. OPM is
also clarifying that these exceptions are not qualifying life events
(QLEs), but rather exceptions for this group of enrollees, namely
veterans, and only applies to enrollees who do not pay premiums on a
pre-tax basis. OPM must follow Internal Revenue Service rules in
determining which events are QLEs, and these exceptions do not
implicate enrollees eligible for premium conversion (pre-tax payment of
premiums). Enrollees who are eligible for premium conversion cannot
decrease enrollment type under the exception at Sec. 894.510 or cancel
enrollment mid-year.
The final rule does not include the proposed changes to Sec.
894.512 to change ``Federal Government'' to ``Federal employment'' or
``service'' to ``employment'' as this clarification is not necessary.
Additionally, the final rule also amends Sec. 894.601(i) to only
discuss when FEDVIP coverage stops for an enrollee or sponsor who
cancels coverage because they are eligible for or enrolled in VA dental
or vision benefits. The proposed rule at Sec. 894.601(i) included
language that is more appropriate for Sec. 894.602 regarding the
responsibility of a sponsor to notify family members of changes in
enrollment, and the final rule describes this responsibility of a
sponsor at Sec. 894.602. An enrollee or sponsor requesting to cancel
an enrollment under Sec. 894.601(i) must submit the request within 60
days after notification of eligibility for VA dental or vision
benefits. The final rule also clarifies that Sec. 894.602(b), which
allows cancellation due to deployment to active military duty, not only
applies to an employee and their spouse but also all enrollees,
including an annuitant or their spouse. The final rule does not include
the proposed change to Sec. 894.704 to insert ``Federal employment''
in relation to where an individual may retire from and instead
clarifies that this may also include the USPS in addition to the
Federal Government.
The final rule also clarifies throughout 5 CFR part 894 that
certain provisions that apply to Federal employees also apply to
employees of the USPS. This clarification was needed since currently an
employee of the USPS is included in the definition of ``employee'' only
for purposes of subpart A.
The final rule also clarifies that the system of records notice for
this collection is OPM Central-26 rather than OPM Central-1 as listed
in the proposed rule.
Provisions of the Final Rule
Addition of Newly Eligible Groups
This final rule will allow newly eligible individuals to enroll
themselves and cover their eligible family members in FEDVIP. Under
current FEDVIP regulations at 5 CFR 894.302, Federal employees in
certain positions are not eligible to enroll in FEDVIP. This final rule
extends eligibility to enroll in FEDVIP to certain temporary Federal
employees and certain Federal employees on seasonal and intermittent
schedules who are eligible for the FEHB Program. Consistent with
Internal Revenue Code section 4980H, OPM expanded eligibility to enroll
in the FEHB Program to these categories of Federal employees who are
expected to work 130 hours per month, for at least 90 days, at 79 FR
62325 (October 17, 2014). This final rule expands eligibility to enroll
in FEDVIP to this same group of employees under 5 CFR part 894 and
allows them to enroll in FEDVIP.
In addition, the rule allows certain temporary Postal employees as
well as certain Postal employees on seasonal and intermittent schedules
expected to work 130 hours per calendar month, for at least 90 days, to
enroll for FEDVIP coverage as the USPS does not offer separate dental
and vision plans for these employees.
Current FEDVIP regulations do not allow certain firefighters on
temporary appointments and intermittent emergency response personnel
for wildland fire protection to enroll. These employees are distinct
from the categories described above because they might not meet the
requirement of being expected to work 130 hours per calendar month, for
at least 90 days. In 2012, upon request by an employing agency,
eligibility to enroll in the FEHB Program was extended to employees in
positions that provide emergency response services for wildland fire
protection, and to employees performing similar types of emergency
response services if approved by OPM. This final rule similarly
provides these employees eligibility to enroll in FEDVIP.
Enrollments for Newly Eligible Individuals
Enrollments for newly eligible individuals pursuant to this rule
will be accepted during a 60-day period after the issuance of the final
rule that begins when the employing office notifies employees of their
eligibility to enroll in a FEDVIP plan. If a Federal or Postal employee
is on a temporary appointment or seasonal or intermittent schedule and
is expected to work or does work 130 hours per calendar month, for at
least 90 days, then the individual is eligible to enroll upon
notification by their employing office. If an employee is a firefighter
or intermittent emergency response personnel, they are eligible upon
notification of their employing office. Employing offices must
determine eligibility of new and current employees and upon determining
eligibility, promptly offer employees made eligible by this rule an
opportunity to enroll in FEDVIP and coverage will become effective
pursuant to 5 CFR 894.504.
Enrollment of Active Duty Service Members Who Experience a Status
Change to Uniformed Services Retirees
This final rule clarifies when active duty service members who
become uniformed services retirees may enroll in FEDVIP outside of open
season. A sponsor on active duty becomes eligible for FEDVIP as a TEI,
pursuant to Public Law 108-496, when the individual becomes a uniformed
services retiree. Under current regulations at 5 CFR 894.501(b), an
individual may enroll within 60 days of becoming eligible. Under 5 CFR
894.504, the individual's enrollment is effective the first day of the
pay period following the one in which the Administrator receives the
enrollment.
However, a sponsor on active duty who retires and becomes a TEI
could experience a 30-day break in coverage if that individual enrolls
when becoming eligible as a uniformed services retiree. OPM is revising
Sec. 894.501(e) and redesignating it as Sec. 894.501(f) to allow
these active duty service members who will experience a status change
to a uniformed services retiree to enroll in FEDVIP. Such service
members may enroll beginning 31 days before the service member loses
other dental or vision coverage, and during an additional 60 days after
becoming eligible to enroll. OPM is also amending 5 CFR 894.504(d) to
make the effective date for these individuals enrolling outside of open
season to be no earlier than the date the active duty service member
lost other coverage.
[[Page 47744]]
Amendment of Current QLE, Additional Exceptions To Decrease Enrollment
Type and Cancel Enrollment, and Technical Corrections
This final rule amends certain provisions in 5 CFR part 894 to
clarify a current qualifying life event applies to all enrollees and
adds exceptions for enrollees to decrease an enrollment type and cancel
a FEDVIP enrollment. In 5 CFR 894.511, OPM amends the language to
clarify the QLE allowing an enrollee to decrease an enrollment if a
spouse who is enrolled becomes deployed to active military duty.
Section 894.511(b) has been amended to use the term ``enrollee'' as
defined in Sec. 894.101 since it includes Federal employees, employees
of the USPS, annuitants, compensationers, and TEIs. In addition, the
rule adds an exception at new paragraph (a)(3) of Sec. 894.510 for an
enrollee, as specified in Sec. 894.403(b), whose FEDVIP premiums are
not paid on a pre-tax basis, to decrease an enrollment type if a
covered family member becomes eligible for dental or vision benefits
from the VA.
In Sec. 894.601, OPM amends paragraph (a) to clarify that an
employee of the USPS is included in the provision on when FEDVIP
coverage stops after the individual is no longer eligible. In 5 CFR
894.601, OPM also adds a new paragraph (i) that addresses when FEDVIP
coverage stops if an enrollee or sponsor is eligible to cancel an
enrollment outside of open season. In 5 CFR 894.602, OPM adds an
exception to the current rules on cancellation for an enrollee
identified in Sec. 894.403(b), who does not pay FEDVIP premiums on a
pre-tax basis, to cancel their FEDVIP enrollment if the enrollee is
determined to be eligible for dental or vision benefits through the VA.
If the enrollee is a sponsor who meets one of the conditions in 5 CFR
894.309(a)(3)(iii) and cancels a self plus one or self and family
enrollment in a FEDVIP dental plan, the sponsor must notify eligible
family members about the change in enrollment. Then pursuant to Sec.
894.811, a TEI family member can accept the responsibility to self-
certify and enroll in a FEDVIP dental plan as a TEI certifying family
member and cover other TEI family members.
Technical Corrections
In addition, this final rule includes technical corrections. These
technical corrections include the following: incorporated
capitalization and italicization of certain defined terms throughout 5
CFR part 894; updated the definition of stepchild in 5 CFR 894.101;
amended 5 CFR 894.201 to use the more inclusive terminology of
``enrollee'' instead of the terms ``employee'' and ``annuitant'' since
TEIs are also enrollees; removed 5 CFR 894.203 since the situations for
changing a family member under a self plus one enrollment or changing
to a self only enrollment are covered in 5 CFR 894.510 and 894.511; and
amended 5 CFR 894.511 to use the more inclusive terminology of
``enrollee'' instead of the terms ``employee,'' ``annuitant,'' or
``compensationer'' since Postal employees and TEIs are also enrollees.
This rule also incorporates italicization of defined terms in 5 CFR
894.502.
Expected Impact of Final Rule
While this rule expands the number of individuals who are
potentially eligible for FEDVIP, OPM does not believe this regulation
will have a large impact on the broader dental and vision insurance
markets. FEDVIP generally constitutes a smaller percentage of dental
and vision insurance carrier's overall books of business. OPM has
contracted with twelve dental carriers and five vision carriers to
offer plans under FEDVIP. There are currently twenty-three dental plan
options available across FEDVIP from these twelve dental carriers.
Within the five vision carriers, there are currently ten vision plan
options that are nationwide and internationally available to all
potential enrollees.
As of September 2022, OPM estimates 72,100 Federal employees in the
impacted categories would become eligible for FEDVIP. As of fiscal year
2022, approximately 118,609 \2\ Postal employees in the impacted
categories would become eligible for FEDVIP. This estimate of Postal
employees is based on the category of Postal employees referred to as
full-time non-career (sometimes referred to as pre-career) employees
and generally corresponds to the category of employees affected by the
modification of FEDVIP eligibility under this final rule. In the
proposed rule published on October 19, 2021, at 86 FR 57764, OPM sought
comments on the following to supplement its analysis on the affected
population:
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\2\ United States Postal Service, Fiscal Year 2022 Annual Report
to Congress.
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1. How will the regulation impact changes to enrollment in FEDVIP?
2. How will the allowance of new categories of employees impact
FEDVIP?
While there were no comments on how the regulation will impact
changes to enrollment in FEDVIP, OPM did receive comments on expanding
FEDVIP to allow new categories of employees. Several commenters stated
that expanding FEDVIP to more Federal employees will have a positive
impact, including on FEDVIP rates, and will foster more competition in
hiring and the ability to maintain a strong workforce in the Federal
Government. They also stated this could foster greater competition with
the private sector. One commenter stated that instead of opening up
FEDVIP to more employees, OPM should consider requiring FEHB plans to
include basic preventive dental care and eye exams/glasses as
preventive care saves money. OPM declines this suggestion and notes
that FEDVIP dental plans include preventive services such as routine
services like exams and cleanings at no costs to enrollees when using
in-network dentists.
Due to data limitations, OPM is unable to estimate the newly
eligible populations' enrollment uptake in FEDVIP. While this
population is currently eligible for FEHB, OPM cannot predict their
uptake of dental and vision benefits based upon their uptake in health
insurance benefits. However, due to the limited number of employees
newly eligible to enroll in FEDVIP under this regulation, OPM does not
anticipate a measurable impact on the overall FEDVIP risk pool.
We expect that the newly eligible population has a lower income
compared to other Federal employees enrolled in FEDVIP. For instance,
the current starting salary for entry-level wildland firefighters is
$15 per hour.\3\ Further, temporary Federal employees and certain
Federal employees on seasonal and intermittent schedules are expected
to work 130 hours per calendar month, for at least 90 days, to enroll
for FEDVIP, which may mean less pay. There may be significant pent-up
demand for services, at least initially, because it is likely that
these individuals did not have dental or vision coverage. A 2020 review
published in the Annual Review of Public Health found that individuals
who are considered low income have a higher rate of insufficient or no
dental coverage.\4\ This leads to higher out-of-pocket costs for
treatment, which is a deterrent for treatment. The same is true for
vision care, with lack of access based on affordability, lack of
transportation, and availability of optometrists, ophthalmologists, and
other health
[[Page 47745]]
professionals in close proximity to these individuals as some of the
most common reasons explaining insufficient coverage.\5\ This in turn
correlates with higher dental, vision, and other health care needs.
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\3\ Government Accountability Office. (2022). Barriers to
Recruitment and Retention of Federal Wildland Firefighters.
Washington, DC. Retrieved from <a href="https://www.gao.gov/assets/gao-23-105517.pdf">https://www.gao.gov/assets/gao-23-105517.pdf</a>.
\4\ Northridge M, Kumar A, Kaur R. Disparities in Access to Oral
Health Care. Annu Rev Public Health. 2020, 41:513-535.
\5\ Solomon S, Shoge R, Ervin A, et al. Improving Access to Eye
Care: A Systematic Review of the Literature. Science Direct. 2022,
129:1079-1080.
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While OPM does not anticipate a significant overall impact on the
FEDVIP risk pool, in the case of firefighters and other emergency
personnel, there is additional occupational risk, especially when it
comes to vision but also overall health. To the extent this is true,
the need to cover more costly dental and vision procedures could lead
to a very slight increase in average premiums. This in turn may lead to
a very small number of those enrolled to disenroll because they do not
want to pay for the increased premium. If this occurs, the effect of an
increase in disenrollment in the program would be negligible because
current FEDVIP enrollment is 20 times larger than the newly eligible
group. Any increase in premium from occupational risk may be
counteracted by the likelihood that this newly eligible population is
younger (especially pre-career postal employees), which correlates with
lower age-related dental, vision, and health care risk.
Other than the small distributional effects described above, the
net effect of expanding eligibility should be positive for society.
Enrollees are responsible for paying the entire premium and should
therefore enroll only to the extent that their expected benefit
outweighs the cost (premium). It should increase dental, vision, and
overall health for this population if needs that have been neglected
due to lack of coverage are going to be addressed. This, in turn,
correlates with fewer sick days and increased productivity. The
expansion of coverage also promotes parity with other Federal employees
in dental and vision access for employees with higher occupational
risk, such as wildland firefighters and other emergency responders who
may experience harmful impacts of fire and smoke on their vision and
health.
Executive Orders 13563 and 12866, Regulatory Review
Executive Orders 12866 and 13563 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distribute impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. A regulatory impact analysis must be prepared for major
rules with economically significant effects of $200 million or more in
any one year. This rule has been designated as a ``significant
regulatory action,'' under Executive Order 12866.
Regulatory Flexibility Act
OPM certifies that this regulation will not have a significant
economic impact on a substantial number of small entities.
Congressional Review Act
Subtitle E of the Small Business Regulatory Enforcement Fairness
Act of 1996 (also known as the Congressional Review Act) (5 U.S.C. 801
et seq.) requires rules (as defined in 5 U.S.C. 804) to be submitted to
Congress before taking effect. The Office of Management and Budget's
(OMB's) Office of Information and Regulatory Affairs has determined
this is not a major rule as defined by the Congressional Review Act (5
U.S.C. 804(2)).
Federalism
OPM examined this rule in accordance with Executive Order 13132,
Federalism, and determined that it will not have any negative impact on
the rights, roles and responsibilities of state, local, or tribal
governments.
Civil Justice Reform
This regulation meets the applicable standard set forth in
Executive Order 12988.
Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by state, local, and
tribal governments, in the aggregate, or by the private sector, of $100
million or more in any year and it will not significantly or uniquely
affect small governments. Therefore, no actions were deemed necessary
under the provisions of the Unfunded Mandates Reform Act of 1995.
Paperwork Reduction Act
Notwithstanding any other provision of law, no person is required
to respond to, nor shall any person be subject to a penalty for failure
to comply with a collection of information subject to the requirements
of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA),
unless that collection of information displays a currently valid OMB
Control Number.
This rule involves an OMB approved collection of information
subject to the PRA for the FEDVIP Enrollment System, known as BENEFEDS,
OMB Control Number: 3206-0272. The public reporting burden for this
collection is estimated to average 7.19 minutes for a respondent to
submit an enrollment, including time for reviewing education and
support, but may not include time for reviewing a plan and specific
benefits, which is a decrease in burden response due to increased
system efficiency. The total burden hour estimate for this form is
76,828 hours. The systems of record notice for this collection is OPM/
Central-26, ``FEDVIP, FLTCIP, and FSAFEDS Records,'' available at
<a href="https://www.federalregister.gov/documents/2022/06/21/2022-13216/privacy-act-of-1974-system-of-records">https://www.federalregister.gov/documents/2022/06/21/2022-13216/privacy-act-of-1974-system-of-records</a>.
List of Subjects in 5 CFR Part 894
Administrative practice and procedure, Government employees, Health
facilities, Health insurance, Health professions, Military personnel,
Reporting and recordkeeping requirements, Retirement.
Office of Personnel Management.
Kayyonne Marston,
Federal Register Liaison.
Accordingly, OPM amends 5 CFR part 894 as follows:
PART 894--FEDERAL EMPLOYEES DENTAL AND VISION INSURANCE PROGRAM
0
1. The authority citation for part 894 continues to read as follows:
Authority: 5 U.S.C. 8962; 5 U.S.C. 8992; Subpart C also issued
under section 1 of Pub. L. 110-279, 122 Stat. 2604 (2 U.S.C. 2051);
and Sec. 894.601(b) also issued under Pub. L. 116-92, 133 Stat. 1198
(5 U.S.C. 8956 note).
Subpart A--Administration and General Provisions
0
2. Amend Sec. 894.101 by revising the definitions of ``Annuitant,''
``Enrollee,'' ``Premium conversion,'' and ``Stepchild'' to read as
follows:
Sec. 894.101 Definitions.
* * * * *
Annuitant means an individual defined at 5 U.S.C. 8901(3).
Generally, the term means a former employee or employee of the United
States Postal Service who is entitled to an immediate annuity or a
disability annuity under a retirement system established for employees.
The term also generally includes those receiving a survivor
[[Page 47746]]
annuity due to the death of an employee or employee of the United
States Postal Service or annuitant (survivor annuitants) and those
receiving compensation from the Office of Workers' Compensation
Programs (compensationers). The term does not include former employees
who retire with a deferred annuity under 5 U.S.C. 8413, or former
spouses of annuitants.
* * * * *
Enrollee means the individual in whose name the FEDVIP enrollment
is carried. There is one FEDVIP enrollment for each enrollee in a
dental plan, and/or in a vision plan and that enrollment may include
family members who may be covered by the enrollment. The term enrollee
includes individuals eligible to enroll based upon a status described
at subpart C of this part, who enroll and are covered. With respect to
the Federal workforce, an enrollee generally means an employee or
annuitant. With respect to the United States Postal Service, an
enrollee generally means an employee or annuitant of the United States
Postal Service. With respect to a TEI, an enrollee generally means the
sponsor who is a TEI with respect to a FEDVIP plan; but if the sponsor
is not a TEI, or for FEDVIP dental benefits if the sponsor defined at
Sec. 894.804 is not enrolled and meets a condition at Sec.
894.309(a)(3)(iii), then enrollee means the TEI certifying family
member. A TEI former spouse may be an enrollee only for a self-only
FEDVIP vision plan. An enrollee may enroll and elect a FEDVIP dental
and/or vision plan, option, and type of enrollment, except as provided
at Sec. 894.309.
* * * * *
Premium conversion means the payment of FEDVIP premiums by an
employee or United States Postal Service employee using pre-tax
dollars. See Sec. 892.102 of this chapter for a discussion of how
premium conversion works.
* * * * *
Stepchild means your spouse's child born within or outside marriage
or their adopted child. The child of your spouse shall continue to be
considered your stepchild after your divorce from your spouse or the
death of your spouse so long as the child continues to live with you in
a regular parent-child relationship.
* * * * *
0
3. Amend Sec. 894.105 by revising paragraphs (b) and (c) to read as
follows:
Sec. 894.105 Who may correct an error in my enrollment?
* * * * *
(b) OPM may order correction of an administrative error or other
noncompliance with FEDVIP rules in this part if it receives evidence
that it would be against equity (fairness) and good conscience not to
order the correction. Corrections are made at the discretion of OPM and
are not subject to review.
(c) If the correction gives you or a family member retroactive
coverage, you must pay the premiums for all periods of the retroactive
coverage. Retroactive premiums will not be on a pre-tax basis (they are
not subject to premium conversion).
Subpart B--Coverage and Types of Enrollment
0
4. Revise Sec. 894.201 to read as follows:
Sec. 894.201 What types of enrollments are available under FEDVIP?
FEDVIP has three types of enrollment:
(a) Self only, which covers only the enrollee;
(b) Self plus one, which covers the enrollee plus one family
member; and
(c) Self and family, which covers the enrollee and all family
members.
0
5. Amend Sec. 894.202 by revising the section heading to read as
follows:
Sec. 894.202 I am an enrollee; if I enroll for self plus one, may I
decide which family member to cover?
* * * * *
Sec. 894.203 [Removed]
0
6. Remove Sec. 894.203.
Sec. 894.204 [Redesignated as Sec. 894.203]
0
7. Redesignate Sec. 894.204 as Sec. 894.203.
0
8. Revise newly redesignated Sec. 894.203 to read as follows:
Sec. 894.203 May I be enrolled in more than one dental or vision plan
at a time?
You may be enrolled or be covered in a FEDVIP dental plan and a
separate FEDVIP vision plan at the same time. But no one may enroll or
be covered as a family member in a FEDVIP dental or vision plan if he
or she is covered under another person's FEDVIP dental or vision self
plus one or self and family enrollment, except as provided under Sec.
890.302(a)(2) of this chapter, with respect to dual enrollments. If two
parents of a TEI child are entitled to be a sponsor, they must choose
one parent to be the child's sponsor. Dual enrollments of TEIs are
permitted as provided under Sec. 890.302(a)(2) of this chapter as
applicable to TEI family members.
Subpart C--Eligibility
0
9. Amend Sec. 894.301 by:
0
a. Revising the section heading.
0
b. In paragraph (b), removing the word ``or'' at the end of the
paragraph.
0
c. In paragraph (c)(2), removing the period at the end of the paragraph
and adding ``; or'' in its place.
0
d. Adding paragraph (d).
The revision and addition read as follows:
Sec. 894.301 Am I eligible to enroll in FEDVIP as an employee?
* * * * *
(d) You are an employee in a position identified by OPM that
provides emergency response services for wildland fire protection
pursuant to Sec. 890.102(h) of this chapter; or you are an employee
pursuant to Sec. 890.102(i) of this chapter, under which, upon request
by the employing agency, OPM may grant eligibility to employees
performing similar types of emergency response services. OPM may limit
the coverage of intermittent employees to the periods of time during
which they are in a pay status pursuant to Sec. 890.102(i) of this
chapter.
0
10. Amend Sec. 894.302 by:
0
a. Revising the introductory text.
0
b. Removing the undesignated paragraph following the introductory text.
0
c. In paragraph (e)(3):
0
i. Removing ``Sec. 316.401 and Sec. 316.403'' and adding ``Sec. Sec.
316.401 and 316.403'' in its place.
0
ii. Removing the word ``or'' at the end of the sentence.
0
d. In paragraph (e)(4), removing the period at the end of the sentence
and adding a semicolon in its place.
0
e. Adding paragraphs (e)(5) and (6).
0
f. Revising paragraphs (f) and (g).
0
g. Adding paragraphs (l) and (m).
The revisions and additions read as follows:
Sec. 894.302 What is an excluded position?
Excluded positions are described in 5 U.S.C. 8901(1)(i), (ii),
(iii), and (iv) and Sec. 890.102(c) of this chapter, except that
employees of the United States Postal Service, District of Columbia
courts, and employees identified in Sec. 890.102(c)(9)(i) and (ii) of
this chapter are not excluded positions. You are in an excluded
position if you are:
* * * * *
(e) * * *
(5) You are an employee working on a temporary appointment, and if
you meet the conditions in Sec. 890.102(j) of this chapter, you are
eligible to enroll in a FEDVIP plan upon notification by your employing
office; or
(6) You are an employee of the United States Postal Service working
on a temporary appointment, and if you meet
[[Page 47747]]
the conditions of Sec. 890.102(j) of this chapter except the
requirement of being a non-Postal employee, you are eligible to enroll
in a FEDVIP plan upon notification by your employing office.
(f) Expected to work fewer than six months in each year.
Exceptions: You are eligible if:
(1) You receive an appointment of at least one year's duration as
an Intern under Sec. 213.3402(a) of this chapter. To qualify, you must
be expected to be in a pay status for at least one-third of the total
period of time from the date of the first appointment to the completion
of the work-study program.
(2) You are an employee working on a seasonal schedule of less than
6 months in a year, and if you meet the conditions in Sec. 890.102(j)
of this chapter, you are eligible to enroll in a FEDVIP plan upon
notification by your employing office.
(3) You are an employee of the United States Postal Service working
on a seasonal schedule of less than 6 months in a year, and if you meet
the conditions in Sec. 890.102(j) of this chapter except the
requirement of being a non-Postal employee, you are eligible to enroll
in a FEDVIP plan upon notification by your employing office.
(g)(1) An intermittent employee (a non-full-time employee without a
prearranged regular tour of duty). Exception: If you are an employee
working on an intermittent schedule and if you meet the conditions in
Sec. 890.102(j) of this chapter you are eligible to enroll in a FEDVIP
plan upon notification by your employing office.
(2) An intermittent employee of the United States Postal Service (a
non-full-time employee without a prearranged regular tour of duty).
Exception: If you are an employee of the United States Postal Service
working on an intermittent schedule, and if you meet the conditions of
Sec. 890.102(j) of this chapter except the requirement of being a non-
Postal employee, you are eligible to enroll in a FEDVIP plan upon
notification by your employing office.
* * * * *
(l) For purposes of this subpart and as defined in Sec.
890.102(j)(4) of this chapter, qualifying leave without pay hours means
hours of leave without pay for purposes of taking leave under the
Family and Medical Leave Act for performance of duty in the Uniformed
Services under the Uniformed Services Employment and Reemployment
Rights Act of 1994, 38 U.S.C. 4301 et seq., for receiving medical
treatment under Executive Order 5396 (July 7, 1930), and for periods
during which workers compensation is received under the Federal
Employees Compensation Act, 5 U.S.C. chapter 81.
(m) Once an employee or an employee of the United States Postal
Service is properly enrolled under paragraphs (e) through (g) of this
section and meets the applicable conditions in Sec. 890.102(j) of this
chapter, enrollment will not be terminated, regardless of his or her
actual work schedule or employer expectations in subsequent years,
unless the employee or employee of the United States Postal Service
separates from service, receives a new appointment (in which case
eligibility will be determined by the rules in this part applicable to
the new appointment), or otherwise meets one of the circumstances for
termination or cancellation of coverage in Sec. Sec. 894.601 and
894.602.
Subpart D--Cost of Coverage
0
11. Amend Sec. 894.401 by revising paragraph (a) to read as follows:
Sec. 894.401 How do I pay premiums?
(a) Employees and employees of the United States Postal Service pay
premiums through payroll allotments.
* * * * *
0
12. Amend Sec. 894.403 by:
0
a. Revising paragraphs (a) and (b)(1).
0
b. In paragraphs (b)(3) and (4), removing the period at the end of the
paragraphs and adding a semicolon in its place.
0
c. In paragraph (b)(5), removing the period at the end of the paragraph
and adding ``; or'' in its place.
0
d. Adding paragraph (b)(6).
The revision and addition read as follows:
Sec. 894.403 Are FEDVIP premiums paid on a pre-tax basis?
(a) Your FEDVIP premiums are paid on a pre-tax basis (called
premium conversion) if you are an active employee or employee of the
United States Postal Service, your salary is sufficient to make the
premium allotments, and your agency will be able to make pre-tax
allotments.
(b) * * *
(1) You are an employee or employee of the United States Postal
Service in nonpay status or an employee or employee of the United
States Postal Service whose salary is not high enough to make premium
allotments, or your agency is unable to make pre-tax allotments;
* * * * *
(6) You are an employee of the United States Postal Service not
eligible to enroll in the FEHB Program under part 890 of this chapter.
Subpart E--Enrollment and Changing Enrollment
0
13. Amend Sec. 894.501 by:
0
a. Revising paragraphs (b) and (d).
0
b. Redesignating paragraphs (e), (f), and (g) as paragraphs (f), (g),
and (i), respectively.
0
c. Adding new paragraph (e).
0
d. Revising newly redesignated paragraph (g).
0
e. Adding paragraph (h).
0
f. Revising newly redesignated paragraph (i).
The revisions and additions read as follows:
Sec. 894.501 When may I enroll?
* * * * *
(b) Within 60 days after you first become eligible as:
(1) A new employee or employee of the United States Postal Service;
(2) A previously ineligible employee or employee of the United
States Postal Service who transfers to a covered position;
(3) A new survivor annuitant, if not already covered under FEDVIP;
(4) An employee or an employee of the United States Postal Service
working on a temporary appointment as stated in Sec. 894.302(e)(5); an
employee or employee of the United States Postal Service working on a
seasonal schedule as stated in Sec. 894.302(f); or an employee or
employee of the United States Postal Service working on an intermittent
schedule as stated in Sec. 894.302(g);
(5) An employee in a position identified by OPM that provides
emergency response services for wildland fire protection pursuant to
Sec. 890.102(h) of this chapter; or an employee performing similar
types of emergency response services pursuant to Sec. 890.102(i) of
this chapter for whom OPM grants eligibility to enroll based on a
request by the employing agency. In granting eligibility requests, OPM
may limit the coverage of intermittent employees to the periods of time
during which they are in a pay status;
(6) A TEI certifying family member, but only if, on your first date
of eligibility to enroll, your sponsor is not a TEI or is deceased, or
for FEDVIP dental coverage, if your sponsor is defined at Sec.
894.309(a)(3)(iii); or
(7) A TEI former spouse;
* * * * *
(d) From 31 days before you or an eligible family member loses
other dental or vision coverage to 60 days after a QLE that allows you
to enroll;
(e) For a sponsor who becomes eligible as a TEI, from 31 days
before you lose other dental or vision coverage as an active duty
service member to 60
[[Page 47748]]
days after you become eligible to enroll as a uniformed services
retiree who is a TEI;
* * * * *
(g) Within 60 days after returning to Federal employment or
employment with the United States Postal Service after being on leave
without pay if you did not have Federal dental or vision coverage prior
to going on leave without pay, or your coverage was terminated or
canceled during your period of leave without pay;
(h) Within 60 days of your annuity or compensation being restored
after having been terminated; or
(i) For a TEI, within 60 days of your uniformed services pay or
uniformed services retirement pay being restored after having been
reduced, forfeited, or terminated.
0
14. Amend Sec. 894.502 by revising paragraphs (b) through (e) to read
as follows:
Sec. 894.502 What are the Qualifying Life Events (QLEs) that allow me
to enroll or become covered in FEDVIP outside of open season?
* * * * *
(b) Your annuity or compensation is restored after having been
terminated;
(c) You return to pay status as an employee or employee of the
United States Postal Service after being on leave without pay due to
deployment to active military duty;
(d) You are an employee or employee of the United States Postal
Service and you get married;
(e) You return to Federal employment or employment of the United
States Postal Service after being on leave without pay if you did not
have Federal dental or vision coverage prior to going on leave without
pay, or your coverage was terminated or canceled during your period of
leave without pay;
* * * * *
0
15. Amend Sec. 894.504 by:
0
a. Redesignating paragraphs (d) and (e) as paragraphs (e) and (f).
0
b. Adding new paragraph (d).
0
c. Revising newly redesignated paragraph (f).
The addition and revisions read as follows:
Sec. 894.504 When is my enrollment effective?
* * * * *
(d) Outside of open season, if you are an active duty service
member who becomes a uniformed services retiree (TEI) and enroll or are
enrolled 31 days before you lose other dental or vision coverage, your
enrollment is effective no earlier than the date you lost other
coverage.
* * * * *
(f)(1) A belated open season enrollment or change is effective
retroactive to the date it would have been effective if you had made a
timely enrollment or request for a change.
(2) Any belated enrollment or change outside of open season that
goes beyond the allowable 60-day enrollment timeframe is effective
retroactive to the 1st day of the pay period following the one in which
you became newly eligible or the date of your QLE.
(3) You must pay any retroactive premiums due to a belated
enrollment or request for a change.
0
16. Amend Sec. 894.507 by revising paragraph (a)(3) to read as
follows:
Sec. 894.507 After I'm enrolled, may I change from one dental or
vision plan or plan option to another?
(a) * * *
(3) For employees or employees of the United States Postal Service,
when you return to Federal or Postal employment after being on leave
without pay if you did not have Federal dental or vision coverage prior
to going on leave without pay, or your coverage was terminated or
canceled during your period of leave without pay.
* * * * *
0
17. Amend Sec. 894.510 by:
0
a. Revising paragraph (a) introductory text.
0
b. In paragraph (a)(1), removing the word ``or'' at the end of the
paragraph.
0
c. In paragraph (a)(2), removing the comma at the end of the paragraph
and adding ``; or'' in its place.
0
d. Adding paragraph (a)(3).
The addition reads as follows:
Sec. 894.510 When may I decrease my type of enrollment?
(a) You may decrease your type of enrollment:
* * * * *
(3) You are an enrollee, and under Sec. 894.403(b) your FEDVIP
premiums are not paid on a pre-tax basis, and your family member or TEI
family member becomes eligible for dental or vision benefits from the
Department of Veterans Affairs. An enrollee must submit the request
within 60 days after notification that your family member or TEI family
member is eligible for dental or vision benefits from the Department of
Veterans Affairs.
* * * * *
0
18. Amend Sec. 894.511 by revising paragraph (b) to read as follows:
Sec. 894.511 What are the QLEs that are consistent with decreasing my
type of enrollment?
* * * * *
(b) You are an enrollee and your spouse deploys to active military
service.
Subpart F--Termination or Cancellation of Coverage
0
19. Amend Sec. 894.601 by revising paragraph (a) and adding paragraph
(i) to read as follows:
Sec. 894.601 When does my FEDVIP coverage stop?
(a) If you no longer meet the definition of an eligible employee as
set forth in Sec. 894.101 or annuitant, or TEI, your FEDVIP coverage
stops at the end of the pay period in which you were last eligible.
* * * * *
(i) If you are an enrollee or sponsor and cancel your enrollment
pursuant to Sec. 894.602(c), your cancellation will become effective
at the end of the pay period that you submit your request.
0
20. Revise Sec. 894.602 to read as follows:
Sec. 894.602 May I cancel my enrollment at any time?
Generally, an enrollee may only cancel an enrollment during an open
season. Exceptions: You may cancel your dental and/or vision enrollment
if:
(a) You are an enrollee and transfer to an eligible position with a
Federal agency that provides dental or vision coverage with 50 percent
or more employer-paid premiums and you enroll in that program.
(b) You are an enrollee and you or your spouse deploy to active
military duty.
(c) You are an enrollee or sponsor who does not pay premiums on a
pre-tax basis, identified at Sec. 894.403(b), and during the course of
your enrollment, you become eligible for Department of Veterans Affairs
(VA) dental or vision benefits. If you cancel a self plus one or self
and family enrollment, as sponsor, you must notify your family members
of changes in your enrollment pursuant to Sec. 894.815. You will still
be the sponsor but no longer the enrollee, and pursuant to Sec.
894.811, your family members will only be eligible for FEDVIP dental
coverage since you are a TEI-D who is not enrolled in FEDVIP and
receives VA dental services and meets one of the conditions in Sec.
894.309(a)(3)(iii). Upon cancellation of the enrollment, pursuant to
Sec. 894.811, a TEI family member can accept the responsibility to
self-certify and enroll in a FEDVIP dental plan as
[[Page 47749]]
a TEI certifying family member and cover other TEI family members.
(d) Cancellations under this section will become effective at the
end of the pay period that you submit your request.
Subpart G--Annuitants and Compensationers
0
21. Revise Sec. 894.702 to read as follows:
Sec. 894.702 May I participate in open season and make changes to my
enrollment as an annuitant or compensationer?
Yes. Annuitants and compensationers may participate in open season
and make enrollment changes under the same circumstances as active
employees or employees of the United States Postal Service.
0
22. Amend Sec. 894.704 by revising the section heading and paragraphs
(a) and (b) to read as follows:
Sec. 894.704 What happens if I retire and then come back to work for
the Federal Government or the United States Postal Service?
(a) If you have FEDVIP coverage as an annuitant, and you become
reemployed in an eligible position in Federal service or United States
Postal Service, you must contact the Administrator so it can send the
request for allotments to your agency so your agency can start making
the allotments from your pay.
(b) If you did not enroll in FEDVIP coverage as an annuitant and
become reemployed in an eligible Federal position or United States
Postal Service, you have 60 days to enroll in FEDVIP.
* * * * *
Sec. Sec. 894.101, 894.301, 894.302, 894.308, 894.404, 894.405,
894.406, 894.510, 894.601, 894.704, and 894.901 [Amended]
0
23. In addition to the amendments above to 5 CFR part 894, in the table
below, for each section indicated in the left column, remove the text
indicated in the middle column from wherever it appears, and add in its
place the text indicated in the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
Sec. 894.101 introductory text........ enrollee................. enrollee.
Sec. 894.101, definition of enrollee................. enrollee.
``Acquiring an eligible child'',
paragraph (4).
Sec. 894.101, definition of enrollee's............... enrollee's.
``Acquiring an eligible child'',
paragraph (6).
Sec. 894.101, definition of enrollee................. enrollee.
``Acquiring an eligible child'',
paragraph (6).
Sec. 894.101, definition of ``Child'', enrollee................. enrollee.
paragraph (1)(iii).
Sec. 894.101, definition of ``Covered employee................. employee.
position''.
Sec. 894.101, definition of enrollee................. enrollee.
``Dependent''.
Sec. 894.101, definition of employee additionally.... employee additionally.
``Employee''.
Sec. 894.101, definition of employee of the District. employee of the District.
``Employee''.
Sec. 894.101, definition of Administrator's.......... Administrator's.
``Enrollment reconsideration''.
Sec. 894.101, definition of enrollee................. enrollee.
``Recognized natural child''.
Sec. 894.101, definition of ``Regular enrollee................. enrollee.
parent-child relationship''.
Sec. 894.301(c)(1).................... employee................. employee.
Sec. 894.302(d)....................... employees................ employees.
Sec. 894.302(k)(1) and (2)............ employee................. employee.
Sec. 894.308(a) and (b) introductory enrollee................. enrollee.
text.
Sec. 894.308(b)(2).................... enrollee's............... enrollee's.
Sec. 894.308(b)(3).................... enrollee................. enrollee.
Sec. 894.404.......................... employees................ employees.
Sec. 894.405(a)....................... Administrator............ Administrator.
Sec. 894.405(c)....................... enrollee................. enrollee.
Sec. 894.406(c)....................... enrollee................. enrollee.
Sec. 894.510(c)(1).................... type of enrollment....... type of enrollment.
Sec. 894.601(b)....................... enrollee................. enrollee.
Sec. 894.704(c)....................... employee................. employee.
Sec. 894.901(a) and (b)............... enrollees................ enrollees.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2023-15375 Filed 7-24-23; 8:45 am]
BILLING CODE 6325-64-P
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</html>Indexed from Federal Register on July 25, 2023.
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