Federal Employees Health Benefits Program Miscellaneous Changes, 76615-76617 [2010-30962]
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76615
Rules and Regulations
Federal Register
Vol. 75, No. 236
Thursday, December 9, 2010
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. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
OFFICE OF PERSONNEL
MANAGEMENT
5 CFR Parts 890 and 892
RIN 3206–AL95
Federal Employees Health Benefits
Program Miscellaneous Changes
U.S. Office of Personnel
Management.
ACTION: Final rule.
AGENCY:
The U.S. Office of Personnel
Management (OPM) is issuing a final
regulation to provide for continuation of
Federal Employees Health Benefits
(FEHB) coverage for certain former
Senate Restaurant employees who
transferred to employment with a
private contractor; to add a new
opportunity for eligible employees to
enroll in the FEHB, or to change FEHB
enrollment status, under provisions of
the Children’s Health Insurance
Program Reauthorization Act of 2009;
and to allow eligible FEHB plans to offer
three options, without the requirement
that one of the options be a high
deductible health plan.
DATES: Effective December 9, 2010.
FOR FURTHER INFORMATION CONTACT:
Ronald Brown, Policy Analyst, at (202)
606–0004 or e-mail:
ronald.brown@opm.gov.
SUMMARY:
On April
19, 2010, OPM published proposed
regulations (75 FR 20314) with
miscellaneous changes, clarifications,
and corrections. We received several
comments requesting that the proposed
change to FEHB Open Season dates
begin in 2011 rather than in 2010. We
received several comments that
changing the FEHB Open Season dates
to November 1st through November
30th each year may result in employee
confusion and additional administrative
inconvenience because the Open Season
will end immediately after the
erowe on DSK5CLS3C1PROD with RULES
SUPPLEMENTARY INFORMATION:
VerDate Mar<15>2010
14:52 Dec 08, 2010
Jkt 223001
Thanksgiving holiday weekend, instead
of ending the second full work week in
December. Additionally, there was one
comment that the Open Season could
begin or end on a weekend, instead of
a week day as is currently the case. We
also received a comment that enrollees
eligible for Medicare would have less
flexibility to make health plan decisions
if the FEHB Open Season dates ended
in November. Currently, Medicare
enrollees have from November 15 to
December 31 to make changes in their
Medicare coverage. Changing the FEHB
Open Season dates would adversely
affect this important segment of the
FEHB population. Therefore, we have
decided not to amend this provision of
the FEHB regulations.
One commenter asked that we
continue the High Deductible Health
Plans (HDHPs), including Health
Savings Accounts, within the FEHB. We
do not have any plans to discontinue
offering HDHPs as a choice under the
Program.
We received one comment from an
FEHB Plan requesting permission to
offer two benefit levels or, alternatively,
three options without offering an HDHP.
However, the Plan is allowed by Federal
law to only offer two levels of benefits.
The authority to permit the Plan to offer
more than two levels of benefits is a
matter for Congress to consider and
enact, if it chooses to do so. While we
continue to look for ways to ensure that
the FEHB offers choice and value, we
are unable to permit a carrier any
flexibility not allowed by law. We have
no administrative authority to permit
this change by revised ruling.
Background
Senate Restaurants Employees
Public Law 110–279, enacted July 17,
2008, provides for certain Federal
employee benefits to be continued for
certain employees of the Senate
Restaurants after the operations of the
Senate Restaurants are contracted to be
performed by a private business
concern. The law provides that a Senate
Restaurants employee, who was an
employee of the Architect of the Capitol
on the date of enactment and who
accepted employment by the private
business concern as part of the
transition, may elect to continue certain
Federal benefits during continuous
employment with the business concern.
We are revising the FEHB regulations to
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Frm 00001
Fmt 4700
Sfmt 4700
address coverage for these individuals
pursuant to relevant of Public Law 110–
279. We are adding § 890.112 to subpart
A.
New Enrollment Opportunities
Public Law 111–3, the Children’s
Health Insurance Program (CHIP)
Reauthorization Act of 2009 (the Act),
enacted on February 4, 2009, allows
States to subsidize health insurance
premium payments for certain lowincome children who have access to
qualified employer-sponsored health
insurance coverage. FEHB-eligible
enrollees who meet the criteria for child
health assistance are eligible to receive
State premium subsidy assistance
payments to help them pay for their
FEHB plan premiums. Current FEHB
Program regulations already allow an
eligible enrollee who loses coverage
under the FEHB Program or another
group health plan, including loss of
eligibility or assistance under Medicaid
or CHIP, to enroll or change enrollment
from self only to self and family within
the period beginning 31 days before and
ending 60 days after the date of loss of
coverage. The Act provides new
opportunities for eligible employees to
enroll in the FEHB Program or to change
enrollment from self only to self and
family when the employee or an eligible
family member becomes eligible for
premium assistance under CHIP.
Employees must request the change in
enrollment within 60 days after the date
the employee or eligible family member
is determined to be eligible for
assistance. Employees may make these
enrollment changes regardless of
whether they are covered under
premium conversion (pay premiums
with pre-tax dollars). We are amending
the regulations to reflect this enrollment
opportunity. We are adding
§ 890.301(m).
Change in Options Offered
The current regulations state that an
FEHB plan shall not have more than two
options and a high deductible health
plan. We are revising the regulations to
allow employee organization plans and
health maintenance organizations to
both offer two options and a high
deductible health plan or to offer three
options, without the requirement that
one of the options be a high deductible
health plan. These plans are eligible by
statute to offer more than two options.
E:\FR\FM\09DER1.SGM
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76616
Federal Register / Vol. 75, No. 236 / Thursday, December 9, 2010 / Rules and Regulations
PART 890—FEDERAL EMPLOYEES
HEALTH BENEFITS PROGRAM
1. The authority citation for part 890
is revised to read as follows:
Paperwork Reduction Act
The Paperwork Reduction Act of 1995
(PRA) imposes certain requirements on
Federal agencies in connection with
their conducting or sponsoring any
collection of information as defined by
the PRA. Certain provisions of this final
rulemaking would result in new
collection of information requirements
within the meaning of the PRA. The
Office of Personnel Management (OPM)
therefore is revising a health benefits
election form, Standard Form 2809.
In the future, the OPM intends to
publish a 60-day Federal Register
Notice including the revised form that
ties to this final rulemaking. The
information collected in the notice will
be submitted to the Office of
Management and Budget (OMB) for
review. The OMB assigned collection
control number for this form is: 3206–
0160.
Regulatory Flexibility Act
I certify that this regulation will not
have a significant economic impact on
a substantial number of small entities
because the regulation only affects
health insurance benefits of Federal
employees and annuitants. Executive
Order 12866,
Regulatory Review
This rule has been reviewed by the
Office of Management and Budget in
accordance with Executive Order 12866.
Federalism
We have examined this rule in
accordance with Executive Order 13132,
Federalism, and have determined that
this rule will not have any negative
impact on the rights, roles, and
responsibilities of State, local, or Tribal
governments.
erowe on DSK5CLS3C1PROD with RULES
List of Subjects in 5 CFR Parts 890 and
892
Administrative practice and
procedure, Employee benefit plans,
Government employees, Reporting and
recordkeeping requirements,
Retirement.
U.S. Office of Personnel Management.
John Berry,
Director.
Accordingly, OPM is amending 5 CFR
part 890 and part 892 as follows:
■
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14:52 Dec 08, 2010
Jkt 223001
contributions required under the FEHB
Program.
■
This change will provide for more
flexibility in contracting with health
plans for modern types of benefits.
These changes can be found in
890.201(b)(3)(i) and 890.201(b)(3)(ii).
Subpart B—Health Benefits Plans
Authority: 5 U.S.C. 8913; Sec. 890.301
also issued under sec. 311 of Pub. L. 111–03,
123 Stat. 64; Sec. 890.111 also issued under
section 1622(b) of Pub. L. 104–106, 110 Stat.
521; Sec. 890.112 also issued under section
1 of Pub. L. 110–279, 122 Stat. 2604; 5 U.S.C.
8913; Sec. 890.803 also issued under 50
U.S.C. 403p, 22 U.S.C. 4069c and 4069c–1;
subpart L also issued under sec. 599C of Pub.
L. 101–513, 104 Stat. 2064, as amended; Sec.
890.102 also issued under sections 11202(f),
11232(e), 11246 (b) and (c) of Pub. L. 105–
33, 111 Stat. 251; and section 721 of Pub. L.
105–261, 112 Stat. 2061.
■
Subpart A—Administration and
General Provisions
2. Add § 890.112 to subpart A to read
as follows:
■
§ 890.112 Continuation of coverage for
certain Senate Restaurants employees.
(a) A Senate Restaurants employee
who was an employee of the Architect
of the Capitol on July 17, 2008, who
accepted employment with the private
business concern to which the Senate
Restaurants’ food service operations
were transferred as described in section
1 of Public Law 110–279, and who
elected to continue his or her Federal
employee retirement benefits is deemed
to be an employee for purposes of this
part during continuous employment
with the private business concern or its
successor. The individual shall be
entitled to the benefits of, and be subject
to all conditions under, the FEHB
Program on the same basis as if the
individual were an employee of the
Federal Government.
(b) Cessation of employment with the
private business concern or its successor
for any period terminates eligibility for
coverage under the FEHB Program as an
employee during any subsequent
employment by the private business
concern.
(c) The private business concern or its
successor must make arrangements for
the withholding from pay of an
individual described by paragraph (a) of
this section of an amount equal to the
premiums withheld from Federal
employees’ pay for FEHB coverage and,
in accordance with procedures
established by OPM, pay into the
Employees Health Benefits Fund the
amounts deducted from the individual’s
pay.
(d) The private business concern or its
successor shall, in accordance with
procedures established by OPM, pay
into the Employees Health Benefits
Fund amounts equal to any agency
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Frm 00002
Fmt 4700
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3. Revise § 890.201(b)(3) to read as
follows:
§ 890.201 Minimum standards for health
benefits plans.
*
*
*
*
*
(b) * * *
(3)(i) Have more than two options and
a high deductible health plan (26 U.S.C.
223(c)(2)(A)) if the plan is described
under 5 U.S.C. 8903(1) or (2); or
(ii) Have either more than three
options, or more than two options and
a high deductible health plan (26 U.S.C.
223(c)(2)(A)) if the plan is described
under 5 U.S.C. 8903(3) or (4).
*
*
*
*
*
Subpart C—Enrollment
4. Add a new paragraph (m) to
§ 890.301 to read as follows:
■
§ 890.301 Opportunities for employees
who are not participants in premium
conversion to enroll or change enrollment;
effective dates.
*
*
*
*
*
(m) An employee or eligible family
member becomes eligible for premium
assistance under Medicaid or a State
Children’s Health Insurance Program
(CHIP). An eligible employee may enroll
and an enrolled employee may change
his or her enrollment from self only to
self and family, from one plan or option
to another, or make any combination of
these changes when the employee or an
eligible family member of the employee
becomes eligible for premium assistance
under a Medicaid plan or CHIP. An
employee must enroll or change his or
her enrollment within 60 days after the
date the employee or family member is
determined to be eligible for assistance.
PART 892—FEDERAL FLEXIBLE
BENEFITS PLAN: PRE-TAX PAYMENT
OF HEALTH BENEFITS PREMIUMS
5. The authority citation for part 892
is revised to read as follows:
■
Authority: 5 U.S.C 8913; 5 U.S.C.
1103(a)(7); 26 U.S.C. 125; Sec. 892.101 also
issued under sec. 311 of Pub. L. 111–3, 123
Stat. 64.
Subpart A—Administration and
General Provisions
6. In § 892.101, amend the definition
of qualifying life event by adding a new
paragraph (13) to read as follows:
■
§ 892.101
Definitions.
*
*
E:\FR\FM\09DER1.SGM
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09DER1
*
*
Federal Register / Vol. 75, No. 236 / Thursday, December 9, 2010 / Rules and Regulations
Qualifying life event * * *
(13) An employee or eligible family
member becomes eligible for premium
assistance under Medicaid or a State
Children’s Health Insurance Program
(CHIP). An eligible employee may enroll
and an enrolled employee may change
his or her enrollment from self only to
self and family, from one plan or option
to another, or make any combination of
these changes when the employee or an
eligible family member of the employee
becomes eligible for premium assistance
under a Medicaid plan or a State
Children’s Health Insurance Program.
An employee must enroll or change his
or her enrollment within 60 days after
the date the employee or family member
is determined to be eligible for
assistance.
[FR Doc. 2010–30962 Filed 12–8–10; 8:45 am]
BILLING CODE 6325–39–P
FEDERAL HOUSING FINANCE BOARD
12 CFR Parts 950 and 980
FEDERAL HOUSING FINANCE
AGENCY
12 CFR Parts 1264, 1266, 1269, and
1272
RIN 2590–AA24
Use of Community Development Loans
by Community Financial Institutions
To Secure Advances; Secured Lending
by Federal Home Loan Banks to
Members and Their Affiliates; Transfer
of Advances and New Business
Activity Regulations
Federal Housing Finance
Board, Federal Housing Finance
Agency.
ACTION: Final rule.
AGENCY:
Section 1211 of the Housing
and Economic Recovery Act of 2008
(HERA) amended the Federal Home
Loan Bank Act (Bank Act) to expand the
types of eligible collateral that
community financial institution (CFI)
members may pledge to secure Federal
Home Loan Bank (Bank) advances to
include secured loans for community
development activities and to allow
Banks to make long term advances to
CFI members for purposes of financing
community development activities.
Section 1211 further provides that the
Federal Housing Finance Agency
(FHFA) shall define the term
‘‘community development activities’’ by
regulation. To implement these
provisions, FHFA is amending the
advances regulation to allow CFI
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SUMMARY:
VerDate Mar<15>2010
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members to pledge community
development loans as collateral for
advances and is adopting a definition of
‘‘community development’’ as proposed.
The final rule also will transfer the
advances and new business activities
rules from parts 950 and 980 of the
Federal Housing Finance Board (FHFB)
regulations, to new parts 1266 and 1272
of the FHFA regulations, respectively,
and make other conforming
amendments. Finally, the final rule will
make a change to the advances
regulation to incorporate a longstanding policy previously established
by the FHFB that secured lending to a
member of any Bank is an advance that
must meet the requirements of the
advances regulation. The final rule
language has been clarified to assure
that certain types of transactions, such
as derivatives, will not be considered
secured lending for the purposes of this
provision. The new provision
addressing secured lending does not
include a prohibition on secured
transactions with affiliates of members,
as was initially proposed.
DATES: The final rule is effective on
January 10, 2011.
FOR FURTHER INFORMATION CONTACT:
Thomas E. Joseph, Senior Attorney
Advisor, thomas.joseph@fhfa.gov, (202)
414–3095 (not a toll-free number);
Office of General Counsel, Federal
Housing Finance Agency, Fourth Floor,
1700 G Street, NW., Washington, DC
20552; or Julie Paller, Senior Financial
Analyst, julie.paller@fhfa.gov, 202–408–
2842 (not a toll-free number); Division
of Federal Home Loan Bank Regulation,
Federal Housing Finance Agency, 1625
Eye Street, NW., Washington, DC 20006.
The telephone number for the
Telecommunications Device for the
Hearing Impaired is (800) 877–8339.
SUPPLEMENTARY INFORMATION:
I. Background
A. Establishment of FHFA
Effective July 30, 2008, Division A of
HERA, Public Law 110–289, 122 Stat.
2654 (2008), created FHFA as an
independent agency of the Federal
government. HERA transferred the
supervisory and oversight
responsibilities over the Federal
National Mortgage Association (Fannie
Mae), the Federal Home Loan Mortgage
Corporation (Freddie Mac) (collectively,
Enterprises), the Banks, and the Bank
System’s Office of Finance, from the
Office of Federal Housing Enterprise
Oversight (OFHEO) and the FHFB to
FHFA. FHFA is responsible for ensuring
that the Enterprises and the Banks
operate in a safe and sound manner,
including being capitalized adequately,
PO 00000
Frm 00003
Fmt 4700
Sfmt 4700
76617
and that they carry out their public
policy missions, including fostering
liquid, efficient, competitive, and
resilient national housing finance
markets. The Enterprises and the Banks
continue to operate under regulations
promulgated by OFHEO and FHFB until
FHFA issues its own regulations. See
section 1302 Public Law 110–289, 122
Stat. 2795.
B. Statutory and Regulatory Background
Each Bank is a cooperative institution
that is owned by its members. Any
eligible institution (generally a federally
insured depository institution or stateregulated insurance company) may
become a member of a Bank if it satisfies
certain criteria and purchases a
specified amount of the Bank’s capital
stock. 12 U.S.C. 1424, 1426; 12 CFR part
1263. Only members or certain eligible
housing associates (such as state
housing finance agencies) may obtain
access to secured loans, known as
advances, or other products provided by
a Bank. 12 U.S.C. 1426(a)(4), 1430(a),
1430b.
Prior to HERA, CFIs were defined
under the Bank Act as depository
institutions insured under the Federal
Deposit Insurance Act (12 U.S.C. 1811 et
seq.) with average total assets of less
than $500 million, as adjusted annually
for inflation thereafter. 12 U.S.C.
1422(13) (2008). Section 1211 of HERA
raised the $500 million average total
assets cap to $1 billion. See section 1211
Public Law No. 110–289, 122 Stat. 2790
(amending 12 U.S.C. 1422(10)). By
Notice published in the Federal
Register in February 2009, FHFA
adjusted the $1 billion figure for
inflation to $1.011 billion. 74 FR 7438
(Feb. 17, 2009). As part of FHFA’s
separate rulemaking addressing Bank
membership for community
development financial institutions,
FHFA included a technical amendment
to the definition of ‘‘CFI’’ to implement
the average total asset cap increase to $1
billion made by HERA.1 See 74 FR
22848, 22857 (May 15, 2009); 75 FR 678,
691 (Jan. 5, 2010).
Under the Bank Act, any member,
including a CFI, that wishes to borrow
from its Bank must pledge certain types
of collateral to secure its repayment
obligation on advances, and must
otherwise demonstrate to the Bank that
it is creditworthy. 12 U.S.C. 1430(a).
Each Bank sets its own lending and
collateral policies, which may vary from
Bank to Bank and will apply to all
borrowing members of that Bank. Prior
to HERA, section 10(a)(3) of the Bank
1 FHFA also relocated the part 925 regulations to
part 1263 of the FHFA’s regulations. 75 FR 678.
E:\FR\FM\09DER1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 236 (Thursday, December 9, 2010)]
[Rules and Regulations]
[Pages 76615-76617]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-30962]
========================================================================
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.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 75, No. 236 / Thursday, December 9, 2010 /
Rules and Regulations
[[Page 76615]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Parts 890 and 892
RIN 3206-AL95
Federal Employees Health Benefits Program Miscellaneous Changes
AGENCY: U.S. Office of Personnel Management.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Office of Personnel Management (OPM) is issuing a
final regulation to provide for continuation of Federal Employees
Health Benefits (FEHB) coverage for certain former Senate Restaurant
employees who transferred to employment with a private contractor; to
add a new opportunity for eligible employees to enroll in the FEHB, or
to change FEHB enrollment status, under provisions of the Children's
Health Insurance Program Reauthorization Act of 2009; and to allow
eligible FEHB plans to offer three options, without the requirement
that one of the options be a high deductible health plan.
DATES: Effective December 9, 2010.
FOR FURTHER INFORMATION CONTACT: Ronald Brown, Policy Analyst, at (202)
606-0004 or e-mail: ronald.brown@opm.gov.
SUPPLEMENTARY INFORMATION: On April 19, 2010, OPM published proposed
regulations (75 FR 20314) with miscellaneous changes, clarifications,
and corrections. We received several comments requesting that the
proposed change to FEHB Open Season dates begin in 2011 rather than in
2010. We received several comments that changing the FEHB Open Season
dates to November 1st through November 30th each year may result in
employee confusion and additional administrative inconvenience because
the Open Season will end immediately after the Thanksgiving holiday
weekend, instead of ending the second full work week in December.
Additionally, there was one comment that the Open Season could begin or
end on a weekend, instead of a week day as is currently the case. We
also received a comment that enrollees eligible for Medicare would have
less flexibility to make health plan decisions if the FEHB Open Season
dates ended in November. Currently, Medicare enrollees have from
November 15 to December 31 to make changes in their Medicare coverage.
Changing the FEHB Open Season dates would adversely affect this
important segment of the FEHB population. Therefore, we have decided
not to amend this provision of the FEHB regulations.
One commenter asked that we continue the High Deductible Health
Plans (HDHPs), including Health Savings Accounts, within the FEHB. We
do not have any plans to discontinue offering HDHPs as a choice under
the Program.
We received one comment from an FEHB Plan requesting permission to
offer two benefit levels or, alternatively, three options without
offering an HDHP. However, the Plan is allowed by Federal law to only
offer two levels of benefits. The authority to permit the Plan to offer
more than two levels of benefits is a matter for Congress to consider
and enact, if it chooses to do so. While we continue to look for ways
to ensure that the FEHB offers choice and value, we are unable to
permit a carrier any flexibility not allowed by law. We have no
administrative authority to permit this change by revised ruling.
Background
Senate Restaurants Employees
Public Law 110-279, enacted July 17, 2008, provides for certain
Federal employee benefits to be continued for certain employees of the
Senate Restaurants after the operations of the Senate Restaurants are
contracted to be performed by a private business concern. The law
provides that a Senate Restaurants employee, who was an employee of the
Architect of the Capitol on the date of enactment and who accepted
employment by the private business concern as part of the transition,
may elect to continue certain Federal benefits during continuous
employment with the business concern. We are revising the FEHB
regulations to address coverage for these individuals pursuant to
relevant of Public Law 110-279. We are adding Sec. 890.112 to subpart
A.
New Enrollment Opportunities
Public Law 111-3, the Children's Health Insurance Program (CHIP)
Reauthorization Act of 2009 (the Act), enacted on February 4, 2009,
allows States to subsidize health insurance premium payments for
certain low-income children who have access to qualified employer-
sponsored health insurance coverage. FEHB-eligible enrollees who meet
the criteria for child health assistance are eligible to receive State
premium subsidy assistance payments to help them pay for their FEHB
plan premiums. Current FEHB Program regulations already allow an
eligible enrollee who loses coverage under the FEHB Program or another
group health plan, including loss of eligibility or assistance under
Medicaid or CHIP, to enroll or change enrollment from self only to self
and family within the period beginning 31 days before and ending 60
days after the date of loss of coverage. The Act provides new
opportunities for eligible employees to enroll in the FEHB Program or
to change enrollment from self only to self and family when the
employee or an eligible family member becomes eligible for premium
assistance under CHIP. Employees must request the change in enrollment
within 60 days after the date the employee or eligible family member is
determined to be eligible for assistance. Employees may make these
enrollment changes regardless of whether they are covered under premium
conversion (pay premiums with pre-tax dollars). We are amending the
regulations to reflect this enrollment opportunity. We are adding Sec.
890.301(m).
Change in Options Offered
The current regulations state that an FEHB plan shall not have more
than two options and a high deductible health plan. We are revising the
regulations to allow employee organization plans and health maintenance
organizations to both offer two options and a high deductible health
plan or to offer three options, without the requirement that one of the
options be a high deductible health plan. These plans are eligible by
statute to offer more than two options.
[[Page 76616]]
This change will provide for more flexibility in contracting with
health plans for modern types of benefits. These changes can be found
in 890.201(b)(3)(i) and 890.201(b)(3)(ii).
Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (PRA) imposes certain
requirements on Federal agencies in connection with their conducting or
sponsoring any collection of information as defined by the PRA. Certain
provisions of this final rulemaking would result in new collection of
information requirements within the meaning of the PRA. The Office of
Personnel Management (OPM) therefore is revising a health benefits
election form, Standard Form 2809.
In the future, the OPM intends to publish a 60-day Federal Register
Notice including the revised form that ties to this final rulemaking.
The information collected in the notice will be submitted to the Office
of Management and Budget (OMB) for review. The OMB assigned collection
control number for this form is: 3206-0160.
Regulatory Flexibility Act
I certify that this regulation will not have a significant economic
impact on a substantial number of small entities because the regulation
only affects health insurance benefits of Federal employees and
annuitants. Executive Order 12866,
Regulatory Review
This rule has been reviewed by the Office of Management and Budget
in accordance with Executive Order 12866.
Federalism
We have examined this rule in accordance with Executive Order
13132, Federalism, and have determined that this rule will not have any
negative impact on the rights, roles, and responsibilities of State,
local, or Tribal governments.
List of Subjects in 5 CFR Parts 890 and 892
Administrative practice and procedure, Employee benefit plans,
Government employees, Reporting and recordkeeping requirements,
Retirement.
U.S. Office of Personnel Management.
John Berry,
Director.
0
Accordingly, OPM is amending 5 CFR part 890 and part 892 as follows:
PART 890--FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM
0
1. The authority citation for part 890 is revised to read as follows:
Authority: 5 U.S.C. 8913; Sec. 890.301 also issued under sec.
311 of Pub. L. 111-03, 123 Stat. 64; Sec. 890.111 also issued under
section 1622(b) of Pub. L. 104-106, 110 Stat. 521; Sec. 890.112 also
issued under section 1 of Pub. L. 110-279, 122 Stat. 2604; 5 U.S.C.
8913; Sec. 890.803 also issued under 50 U.S.C. 403p, 22 U.S.C. 4069c
and 4069c-1; subpart L also issued under sec. 599C of Pub. L. 101-
513, 104 Stat. 2064, as amended; Sec. 890.102 also issued under
sections 11202(f), 11232(e), 11246 (b) and (c) of Pub. L. 105-33,
111 Stat. 251; and section 721 of Pub. L. 105-261, 112 Stat. 2061.
Subpart A--Administration and General Provisions
0
2. Add Sec. 890.112 to subpart A to read as follows:
Sec. 890.112 Continuation of coverage for certain Senate Restaurants
employees.
(a) A Senate Restaurants employee who was an employee of the
Architect of the Capitol on July 17, 2008, who accepted employment with
the private business concern to which the Senate Restaurants' food
service operations were transferred as described in section 1 of Public
Law 110-279, and who elected to continue his or her Federal employee
retirement benefits is deemed to be an employee for purposes of this
part during continuous employment with the private business concern or
its successor. The individual shall be entitled to the benefits of, and
be subject to all conditions under, the FEHB Program on the same basis
as if the individual were an employee of the Federal Government.
(b) Cessation of employment with the private business concern or
its successor for any period terminates eligibility for coverage under
the FEHB Program as an employee during any subsequent employment by the
private business concern.
(c) The private business concern or its successor must make
arrangements for the withholding from pay of an individual described by
paragraph (a) of this section of an amount equal to the premiums
withheld from Federal employees' pay for FEHB coverage and, in
accordance with procedures established by OPM, pay into the Employees
Health Benefits Fund the amounts deducted from the individual's pay.
(d) The private business concern or its successor shall, in
accordance with procedures established by OPM, pay into the Employees
Health Benefits Fund amounts equal to any agency contributions required
under the FEHB Program.
Subpart B--Health Benefits Plans
0
3. Revise Sec. 890.201(b)(3) to read as follows:
Sec. 890.201 Minimum standards for health benefits plans.
* * * * *
(b) * * *
(3)(i) Have more than two options and a high deductible health plan
(26 U.S.C. 223(c)(2)(A)) if the plan is described under 5 U.S.C.
8903(1) or (2); or
(ii) Have either more than three options, or more than two options
and a high deductible health plan (26 U.S.C. 223(c)(2)(A)) if the plan
is described under 5 U.S.C. 8903(3) or (4).
* * * * *
Subpart C--Enrollment
0
4. Add a new paragraph (m) to Sec. 890.301 to read as follows:
Sec. 890.301 Opportunities for employees who are not participants in
premium conversion to enroll or change enrollment; effective dates.
* * * * *
(m) An employee or eligible family member becomes eligible for
premium assistance under Medicaid or a State Children's Health
Insurance Program (CHIP). An eligible employee may enroll and an
enrolled employee may change his or her enrollment from self only to
self and family, from one plan or option to another, or make any
combination of these changes when the employee or an eligible family
member of the employee becomes eligible for premium assistance under a
Medicaid plan or CHIP. An employee must enroll or change his or her
enrollment within 60 days after the date the employee or family member
is determined to be eligible for assistance.
PART 892--FEDERAL FLEXIBLE BENEFITS PLAN: PRE-TAX PAYMENT OF HEALTH
BENEFITS PREMIUMS
0
5. The authority citation for part 892 is revised to read as follows:
Authority: 5 U.S.C 8913; 5 U.S.C. 1103(a)(7); 26 U.S.C. 125;
Sec. 892.101 also issued under sec. 311 of Pub. L. 111-3, 123 Stat.
64.
Subpart A--Administration and General Provisions
0
6. In Sec. 892.101, amend the definition of qualifying life event by
adding a new paragraph (13) to read as follows:
Sec. 892.101 Definitions.
* * * * *
[[Page 76617]]
Qualifying life event * * *
(13) An employee or eligible family member becomes eligible for
premium assistance under Medicaid or a State Children's Health
Insurance Program (CHIP). An eligible employee may enroll and an
enrolled employee may change his or her enrollment from self only to
self and family, from one plan or option to another, or make any
combination of these changes when the employee or an eligible family
member of the employee becomes eligible for premium assistance under a
Medicaid plan or a State Children's Health Insurance Program. An
employee must enroll or change his or her enrollment within 60 days
after the date the employee or family member is determined to be
eligible for assistance.
[FR Doc. 2010-30962 Filed 12-8-10; 8:45 am]
BILLING CODE 6325-39-P
