[Code of Federal Regulations]
[Title 5, Volume 2]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR891.201]

[Page 514-515]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED)
 
PART 891_RETIRED FEDERAL EMPLOYEES HEALTH BENEFITS--Table of Contents
 
                Subpart B_Election and Change of Election
 
Sec. 891.201  Election.


    (a) The original period for election by each eligible retired 
employee was during the months of March and April 1961. Failure to elect 
when eligible to do so is deemed an election not to participate in the 
program unless the failure is determined by the retirement office to be 
for cause beyond the control of the retired employee. In any case in 
which annuity or compensation is being paid to a payee in behalf of a 
retired employee, the payee shall make the election for the retired 
employee.
    (b) (1) A retired employee may elect to participate in the program 
for self alone or for self and family.
    (2) Survivors, if actually or constructively living in the same 
household, have only one right of election among them. The election 
shall be made by the payee. The fact that one payee is receiving annuity 
or compensation for all members of the family is prima facie evidence 
that they are living in the same household. The existence of more than 
one payee is prima facie evidence that each payee and the survivors in 
whose behalf the payee is receiving annuity or compensation constitute a 
separate household, and each payee may elect for the survivors in whose 
behalf he is receiving annuity or compensation, but where a family is 
receiving annuity or compensation through more than one payee, one 
payee, with the consent of the other payees, may elect for the whole 
family.
    (3) A retired employee may not be covered under more than one 
election.
    (4) A retired employee who is entitled to more than one annuity or 
to compensation and annuity is entitled to only one election.
    (c) Each retired employee who elects to receive a Government 
contribution toward the cost of a private health benefits plan shall 
file with his election a certificate of the carrier, on the form 
prescribed by OPM for the purpose, that he is a subscriber to a health 
benefits plan. OPM, or the appropriate retirement office, at any time 
may require that a retired employee renew the certificate, or may take 
such other action as it considers desirable to verify the continuing 
eligibility of the retired employee to receive a Government 
contribution. The appropriate retirement office may suspend the 
Government contribution when there is a reasonable doubt of the retired 
employee's continuing eligibility to receive the Government 
contribution.
    (d) In the discretion of the retirement office, a representative of 
the retired employee having a written authorization to do so may elect 
for him.
    (e) A person who was not eligible, during the months of March and 
April 1961, to elect to subscribe to the uniform plan or to receive a 
Government contribution toward the cost of a private health benefits 
plan, may apply to the appropriate retirement office when he becomes 
eligible. If the retirement office determines that he is eligible, it 
shall notify the retired employee that

[[Page 515]]

he is eligible to make an election in accordance with paragraphs (a) to 
(d) of this section within 60 days of the date of the notice. If the 
retirement office determines that a retired employee was unable, for 
cause beyond his control, to make an election within the time limits 
prescribed by this section, it shall notify the retired employee that he 
is eligible to make an election in accordance with paragraphs (a) to (d) 
of this section within 60 days of the date of the notice. Elections made 
under this paragraph are effective, for a retired employee receiving 
annuity and a survivor receiving compensation, on the first day of the 
third month following the month in which the retirement office receives 
the election. Withholdings and contributions are effective for months 
beginning on and after the first day of the second month following the 
month in which the retirement office receives the election. For any 
other retired employee receiving compensation, changes of election made 
under this paragraph are effective on the first day of the third 4-week 
period following the 4-week period in which the Bureau of Employees' 
Compensation receives the election, and withholdings and contributions 
are effective beginning with the second 4-week period following receipt 
of the election. This paragraph does not apply to retired employees who 
have been, at any time, covered by the election of another under this 
part.
    (f) Retired employees and survivors who, on January 1, 1973, were 
enrolled for either basic coverage only or major medical coverage only 
of the Uniform Plan are, effective January 1, 1973, automatically 
enrolled in basic plus major medical coverage of the Uniform Plan.

[33 FR 12516, Sept. 4, 1968, as amended at 37 FR 20845, Dec. 20, 1972]