[Code of Federal Regulations]
[Title 5, Volume 2]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR890.101]

[Page 419-421]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (Continued)
 
PART 890--FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM--Table of Contents
 
            Subpart A--Administration and General Provisions
 
Sec. 890.101  Definitions; time computations.


    (a) In this part, the terms annuitant, carrier, employee, employee 
organization, former spouse, health benefits plan, member of family, and 
service, have the meanings set forth in section 8901 of title 5, United 
States Code, and supplement the following definitions:
    Appropriate request means a properly completed health benefits 
registration form or an alternative method acceptable to both the 
employing office and OPM. Alternative methods must be capable of 
transmitting to the health benefits plans the information they require 
before accepting an enrollment, change of enrollment, or cancellation. 
Electronic signatures, including the use of Personal Identification 
Numbers (PIN), have the same validity as a written signature.
    Basic employee death benefit has the meaning set out at 
Sec. 843.102. Survivors receiving this benefit are deemed to be 
``annuitants'' for purposes of this chapter.
    Cancel means to submit to the employing office an appropriate 
request electing not to be enrolled by an enrollee who is eligible to 
continue enrollment.
    Change the enrollment means to submit to the employing office an 
appropriate request electing a change of enrollment to a different plan 
or option, or to a different type of coverage (self only or self and 
family).
    Claim means a request for (i) payment of a health-related bill; or 
(ii)

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provision of a health-related service or supply.
    Compensation means compensation under subchapter I of chapter 81 of 
title 5, United States Code, which is payable because of a job-related 
injury or disease.
    Compensationer means an employee or former employee who is entitled 
to compensation and whom the Department of Labor determines is unable to 
return to duty. A compensationer is also an annuitant for purposes of 
chapter 89 of title 5, United States Code.
    Covered individual means an enrollee or a covered family member.
    Covered family member means a member of the family of an enrollee 
with a self and family enrollment who meets the requirements of 
Secs. 890.302, 890.804, or 890.1106(a), as appropriate to the type of 
enrollee.
    Election not to enroll means to submit to the employing office an 
appropriate request electing not to be enrolled by an employee who is 
eligible to enroll.
    Eligible means eligible under the law and this part to be enrolled.
    Employing office means the office of an agency to which jurisdiction 
and responsibility for health benefits actions for an employee, an 
annuitant, a former spouse eligible for continued coverage under subpart 
H of this part, or an individual eligible for temporary continuation of 
coverage under subpart K of this part, have been delegated.
    (1) For an enrolled annuitant (including survivor annuitant, former 
spouse annuitant, and surviving spouses receiving a basic employee death 
benefit under 5 U.S.C. 8442(b)(1)(A)) who is not also an eligible 
employee, employing office is the office which has the authority to 
approve payment of annuity, basic employee death benefit, or workers' 
compensation for the annuitant concerned.
    (2) For a former spouse of an annuitant whose marriage dissolved 
after the employee's retirement and who has entitlement to receive 
future annuity payments under sections 8341(h), 8345(j), 8445, or 8467 
of title 5, United States Code, employing office is the office that has 
the authority to approve payment of annuity for the annuitant or former 
spouse concerned.
    (3) For a former spouse of a current employee, and a former spouse 
of an annuitant or separated employee having title to a deferred annuity 
or to an immediate annuity under 5 U.S.C. 8412(g), whose marriage 
dissolved during the employee's Federal service, employing office is the 
agency that employed the employee or annuitant at the time the marriage 
was dissolved.
    (4) For a surviving spouse in receipt of a basic employee death 
benefit under 5 U.S.C. 8442(b)(1)(A) who is not also an eligible 
employee, the employing office is the retirement system which has 
authority to approve the basic employee death benefit.
    (5) For a former spouse of an employee or former employee of the 
Central Intelligence Agency (CIA) whose marriage was dissolved before 
May 7, 1985, and who meets the requirements under 
Sec. 890.803(a)(3)(iv), the employing office is the CIA.
    (6) For a former spouse of an employee or former employee of the 
Foreign Service whose marriage was dissolved before May 7, 1985, and who 
meets the requirements under Sec. 890.803(a)(3)(v) of this part, the 
employing office is the Department of State.
    (7) [Reserved]
    (8) For a former spouse of an employee who separated from service 
after qualifying for an immediate annuity under 5 U.S.C. 8412(g), whose 
marriage dissolves after the employee separated from service but before 
the date the separated employee's annuity commences, and who is entitled 
to continued coverage under subpart H of this part, employing office is 
the office that has the authority to approve payment of annuity for the 
annuitant or former spouse concerned.
    Enroll means to submit to the employing office an appropriate 
request electing to be enrolled in a health benefits plan.
    Enrolled means an appropriate request has been accepted by the 
employing office and the enrollment in a health benefits plan approved 
by OPM under this part has not been terminated or cancelled.
    Enrollee means the individual in whose name the enrollment is 
carried. The term includes employees, annuitants, former employees, 
former

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spouses, or children who are enrolled after completing an appropriate 
request under the provisions of Secs. 890.301, 890.306, 890.601, 
890.803, or 890.1103 or have continued an enrollment as an annuitant or 
survivor annuitant under 5 U.S.C. 8905(b) or Sec. 890.303.
    Foster child means a child who:
    (1) Lives with an employee, former employee, or annuitant or with a 
child enrolled under Sec. 890.1103(a)(2) in a regular parent-child 
relationship and
    (2) Is expected to be raised to adulthood by the enrollee.
    Immediate annuity means an annuity which begins to accrue not later 
than 1 month after the date enrollment under a health benefits plan 
would cease for an employee or member of family if he were not entitled 
to continue enrollment as an annuitant. Notwithstanding the foregoing, 
an annuity which commences on the birth of the posthumous child of an 
employee or annuitant is an immediate annuity. For an individual who 
separates from service upon meeting the requirements for an annuity 
under Sec. 842.204(a)(1) of this chapter, immediate annuity includes an 
annuity for which the commencing date is postponed under 
Sec. 842.204(c).
    Letter of credit is defined in 48 CFR 1602.170-10.
    Option means a level of benefits. It does not include distinctions 
as to whether the members of the family are covered.
    OWCP means the Office of Workers' Compensation Programs, U.S. 
Department of Labor, which administers subchapter I of chapter 81 of 
title 5, United States Code.
    Pay period means the biweekly pay period established pursuant to 
section 5504 of title 5, United States Code, for the employees to whom 
that section applies and the regular pay period for employees not 
covered by that section. Pay period, as it relates to a former spouse or 
annuitant who is not actively receiving an annuity, including surviving 
spouses receiving a basic employee death benefit, and enrollees 
temporarily continuing coverage under subpart K of this part, means any 
regular pay period for employees of the agency to which jurisdiction and 
responsibility for health benefits actions for the enrollee have been 
delegated as provided under the definition of ``employing office'' in 
this section. Pay period for annuitants in active receipt of annuity 
means the period for which a single installment of annuity is 
customarily paid.
    Reconsideration means the final level of administrative review of an 
employing office's initial decision to determine if the employing office 
correctly applied the law and regulations.
    Underdeduction means a failure to withhold the required amount of 
health benefits contributions from an individual's pay, annuity, or 
compensation. This definition includes both nondeductions (when none of 
the required amounts was withheld) and partial deductions (when only 
part of the required amount was withheld). Though FEHB contributions are 
required to cover a period of nonpay status, the nonpayment of 
contributions during such period does not result in an underdeduction.
    (b) Whenever, in this part, a period of time is stated as a number 
of days or a number of days from an event, the period is computed in 
calendar days, excluding the day of the event. Whenever, in this part, a 
period of time is defined by beginning and ending dates, the period 
includes the beginning and ending dates.

[33 FR 12510, Sept. 4, 1968]

    Editorial Note: For Federal Register citations affecting 
Sec. 890.101, see the List of Sections Affected in the Finding Aids 
section of this volume.