[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: 5CFR890.803]

[Page 458-459]
 
                    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. 890.803  Who may enroll.

    (a) Except as specified in paragraph (b) of this section, a former 
spouse is eligible to enroll in a health benefits plan under this part 
provided that--
    (1) The former spouse whose marriage to an employee, employee 
annuitant, or a former Central Intelligence Agency (CIA) or Foreign 
Service employee is dissolved has not remarried before age 55; and
    (2) The former spouse was enrolled in a health benefits plan under 
this part as a family member at any time during the 18 months preceding 
the date of the dissolution of marriage; and
    (3)(i) The former spouse currently receives, or has future title to 
receive (A) a portion of annuity payable to the employee upon retirement 
based on a qualifying court order for purposes of 5 U.S.C. 8345(j) or 5 
U.S.C. 8467; (B) survivor annuity benefits based on a qualifying court 
order for purposes of 5 U.S.C. 8341(h) or 5 U.S.C. 8445; or (C) a 
survivor annuity elected by the employee under 5 U.S.C. 8339(j)(3) or 5 
U.S.C. 8417(b), including a former spouse who is designated as an 
insurable interest pursuant to Secs. 831.613(a) and (b) and 842.605(a) 
and (b) of this chapter (or benefits similar to those under this 
paragraph under another retirement system for Government employees); or
    (ii) The former spouse was married to an employee who retired before 
May 7,

[[Page 459]]

1985, and (A) the employee annuitant elects to provide a survivor 
annuity to the former spouse under procedures prescribed in Sec. 831.682 
of this title; or (B) the former spouse satisfies all of the conditions 
for a survivor annuity in Sec. 831.683 of this title; or
    (iii) The former spouse was married to an employee who died before 
May 7, 1985, and the employee was eligible for an immediate annuity on 
or before the date of death, and the former spouse satisfies all of the 
conditions for a survivor annuity in Sec. 831.683 of this title, or
    (iv) The former spouse was married to an employee or former employee 
of the Central Intelligence Agency (CIA) for at least 10 years during 
the employee's CIA service, at least 5 years of which both the employee 
and the former spouse spent outside the United States, and the marriage 
was dissolved before May 7, 1985; or,
    (v) The former spouse was married to an employee or former employee 
of the Foreign Service for at least 10 years during the employee's 
government service, and the marriage was dissolved before May 7, 1985.
    (b) Except as contained in paragraphs (a)(3) (iv) and (v) of this 
section, a former spouse of an employee who separates from Federal 
service before becoming eligible for immediate annuity is eligible to 
enroll only if the former spouse's marriage to the employee was 
dissolved before the employee left Federal service.
    (c) If a former spouse cannot apply for benefits on his or her own 
behalf because of a mental or physical disability, application may be 
filed by a court-appointed guardian.

[51 FR 15748, Apr. 28, 1986, as amended at 52 FR 39497, Oct. 22, 1987, 
and 53 FR 32368, Aug. 25, 1988; 53 FR 45070, Nov. 8, 1988; 57 FR 21192, 
May 19, 1992; 58 FR 52882, Oct. 13, 1993; 62 FR 38440, July 18, 1997]