[Code of Federal Regulations]
[Title 5, Volume 2, Parts 700 to 1199]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR890.807]

[Page 445-447]
 
                    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. 890.807  Termination of enrollment.

    (a)(1) Except for former spouses meeting the requirements in 
Sec. 890.803(a)(3) (iv) and (v) of this part, a former spouse's 
enrollment terminates, subject to the temporary extension of coverage 
for conversion, at midnight of the last day of the pay period in which 
the earliest of the following events occurs:
    (i) Court order ceases to provide entitlement to survivor annuity or 
portion of retirement annuity under a retirement system for Government 
employees.
    (ii) Former spouse remarries before age 55.
    (iii) Former spouse dies.
    (iv) Employee or annuitant on whose service the benefits are based 
dies and no survivor annuity is payable.
    (v) Separated employee on whose service the benefits are based dies 
before the requirements for deferred annuity have been met.

[[Page 446]]

    (vi) Employee on whose service benefits are based leaves Federal 
service before establishing title to an immediate annuity or a deferred 
annuity.
    (vii) Refund of retirement money is paid to the separated employee 
on whose service the health benefits are based.
    (2) OPM may authorize a longer time frame for the temporary 
extension of coverage for conversion than the 31 days provided in 
Sec. 890.401(a) if in OPM's judgment the former spouse could not have 
known that (1) the employee on whose service benefits are based left 
Federal service before establishing title to an immediate or deferred 
annuity; or (2) the separated employee on whose service the benefits are 
based died before the requirements for deferred annuity had been met. In 
such cases, the right of conversion may be exercised up to 31 days after 
the employing office's notice of termination. The former spouse must pay 
the full premium (employee's and Government's share) during the extended 
period, exclusive of the 31-day period following the notice.
    (3) Termination of enrollment for failure to pay premiums within the 
time frame established in accordance with Sec. 890.808(d)(1) is 
retroactive to the end of the last pay period for which payment has been 
timely received.
    (4) A former spouse whose enrollment is terminated under this 
paragraph may not reenroll.
    (b) The enrollment of a former spouse who meets the requirements in 
Sec. 890.803(a)(3) (iv) or (v) of this part terminates, subject to the 
temporary extension of coverage for conversion, at midnight of the last 
day of the pay period in which the earliest of the following events 
occurs:
    (1) Former spouse remarries before age 55.
    (2) Former spouse dies.
    (c) Failure to make an election under Sec. 890.806(m). (1) If the 
annuity is insufficient to pay the full subscription charge due for the 
plan in which the former spouse is enrolled, the former spouse may elect 
one of the two opportunities offered under Sec. 890.806(m) (electing a 
plan with a full subscription charge that is less than the annuity; or 
paying premiums directly to the retirement system in accordance with 
Sec. 890.808(d)). Except as provided in paragraph (c)(3) of this section 
the enrollment of a former spouse who fails to make an election within 
the specified time frame will be terminated.
    (2) If the individual was prevented by circumstances beyond his or 
her control from making an election within the time limit after receipt 
of the final notice, he or she may request reinstatement of coverage by 
writing to the retirement system. The retirement system will determine 
if the individual is eligible for reinstatement of coverage; and, when 
the determination is affirmative, the individual's coverage may be 
reinstated retroactively to the date of termination or prospectively. If 
the determination is negative, the individual may request 
reconsideration of the decision from OPM.
    (3) If the former spouse does not make an election under paragraph 
(c)(1) of this section and is enrolled in the high option of a plan that 
has two options, the former spouse is deemed to have elected enrollment 
in the standard option of the same plan unless the annuity is 
insufficent to pay the full withholdings for the standard option.
    (d) Coverage of members of the family. The coverage of a member of 
the family of a former spouse terminates, subject to the temporary 
extension of coverage for conversion, at midnight of the earlier of the 
following dates:
    (1) The day on which the individual ceases to be an eligible family 
member.
    (2) The day the former spouse ceases to be enrolled, unless the 
family member is entitled as a survivor annuitant to contined enrollment 
or is entitled to continued coverage under the enrollment of another.
    (e) Cancellation. (1) A former spouse may cancel his or her 
enrollment at any time by filing an appropriate request with the 
employing office. The cancellation takes effect on the last day of the 
pay period in which the appropriate request cancelling the enrollment is 
received by the employing office.
    (2) If a former spouse submits documentation that the cancellation 
is for the purpose of enrolling in a prepaid health plan under section 
1833 or 1876 of

[[Page 447]]

the Social Security Act, the cancellation becomes effective on the day 
before the enrollment under the prepaid health plan takes effect. Such 
documentation must be submitted to the employing office within the 
period beginning 31 days before and ending 31 days after the prepaid 
health plan enrollment takes effect.
    (3) The former spouse and family members, if any, are not entitled 
to the temporary extension of coverage for conversion or to convert to 
an individual contract for health benefits.
    (4) Except for a former spouse who provides documentation that he or 
she is canceling for the purpose of enrolling in a prepaid health plan 
under section 1833 or 1876 of the Social Security Act, or for coverage 
under the Medicaid program or a similar State-sponsored program of 
medical assistance for the needy, a former spouse who cancels his or her 
enrollment may not later reenroll.

[51 FR 15748, Apr. 28, 1986, as amended at 52 FR 39497, Oct. 22, 1987, 
and 53 FR 32368, Aug. 25, 1988; 53 FR 45071, Nov. 8, 1988; 56 FR 25997, 
June 6, 1991; 57 FR 48162, Oct. 22, 1992; 62 FR 38441, July 18, 1997; 62 
FR 53223, Oct. 14, 1997]