FEDVIP: Extension of Eligibility to Certain Employees on Temporary Appointments and Certain Employees on Seasonal and Intermittent Schedules; Enrollment Clarifications and Exceptions for Changes in Enrollment, 47741-47749 [2023-15375]

Agencies

• Office of Personnel Management

[Federal Register Volume 88, Number 141 (Tuesday, July 25, 2023)]
[Rules and Regulations]
[Pages 47741-47749]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15375]



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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. 

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Federal Register / Vol. 88, No. 141 / Tuesday, July 25, 2023 / Rules 
and Regulations

[[Page 47741]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 894

RIN 3206-AN91


FEDVIP: Extension of Eligibility to Certain Employees on 
Temporary Appointments and Certain Employees on Seasonal and 
Intermittent Schedules; Enrollment Clarifications and Exceptions for 
Changes in Enrollment

AGENCY: Office of Personnel Management.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Office of Personnel Management (OPM) is finalizing 
provisions to expand eligibility for enrollment in the Federal 
Employees Dental and Vision Insurance Program (FEDVIP) to additional 
categories of Federal employees, and certain Postal employees. This 
rule also updates the provisions on enrollment for active duty service 
members who become eligible for FEDVIP as uniformed service retirees 
pursuant to the National Defense Authorization Act of 2017 (fiscal year 
2017 (FY17) NDAA). In addition, this rule adds exceptions to decrease 
an enrollment type and to cancel an enrollment for certain enrollees 
who may become eligible for dental and/or vision services from the 
Department of Veterans Affairs (VA). Lastly, the rule also includes 
technical corrections and clarifications to the part.

DATES: The final rule is effective on July 25, 2023.

FOR FURTHER INFORMATION CONTACT: Julia Elam, Supervisory Analyst, at 
[email protected] or (202) 606-1560.

SUPPLEMENTARY INFORMATION: OPM is modifying eligibility for coverage 
under the FEDVIP to certain Federal employees on temporary appointments 
and certain employees on seasonal and intermittent schedules who became 
eligible for Federal Employees Health Benefits (FEHB) coverage in 2015, 
which includes Postal employees on temporary appointments and seasonal 
and intermittent schedules. This rule also expands access to FEDVIP 
benefits to certain firefighters on temporary appointments and 
intermittent emergency response personnel who became eligible for FEHB 
coverage in 2012. This rule also updates the provisions on enrollment 
for active duty service members who become eligible for FEDVIP as 
uniformed service retirees pursuant to the FY17 NDAA. In addition, this 
rule adds an exception to decrease an enrollment type and an exception 
to cancel an enrollment for certain enrollees who may become eligible 
for dental and/or vision services from the VA and who do not pay 
premiums on a pre-tax basis. Lastly, the rule also has technical 
corrections and clarifications to the part.
    The authority to extend FEDVIP eligibility to additional groups of 
employees falls under OPM's regulatory authority at 5 U.S.C. 8962 and 5 
U.S.C. 8992 to determine eligibility of employees based on the nature 
and type of employment. On October 21, 2021, OPM issued a proposed rule 
(86 FR 57764) to amend 5 CFR part 894. The proposed rule had a 60-day 
comment period during which OPM received a total of nine comments. This 
final rule adopts most of the rule as proposed and has amendments to 
Sec. Sec.  894.101, 894.105, 894.201, 894.202, 894.203, 894.301, 
894.302, 894.401, 894.403, 894.501, 894.502, 894.504, 894.507, 894.510, 
894.602, 894.702, and 894.704. There are also technical corrections to 
Sec. Sec.  894.511 and 894.601, and updates throughout 5 CFR part 894 
that clarify certain provisions that apply to both Federal employees 
and employees of the United States Postal Service (USPS).

Responses to Comments on the Proposed Rule

    OPM received seven comments from individual members of the public, 
Federal employees, Federal agencies, and an employee union on the 
proposed rule, and an additional two comments were not responsive to 
the subject matter discussed in the rule. The majority of commenters 
expressed support for the regulation regarding the expansion of FEDVIP 
to additional Federal employees and Postal employees. This rule will 
align benefits for similarly situated employees, add exceptions for 
decreasing enrollment type and cancelling an enrollment, and clarify 
existing provisions.
    Two commenters expressed general concerns about Federal benefits 
programs. One commenter stated that instead of opening up FEDVIP to 
more employees, OPM should consider requiring FEHB plans to include 
basic preventive dental care and eye exams/glasses as preventive care 
saves money. Another commenter suggested discontinuing FEDVIP stating 
that it favors insurance companies. OPM declines these suggestions and 
notes that FEDVIP dental plans include preventive services such as 
routine services like exams and cleanings at no cost to enrollees when 
using in-network dentists. FEDVIP vision plans offer annual coverage 
for routine care such as vision exams and routine products such as 
vision lenses and frames. There are FEHB plans that offer some dental 
and vision benefits, and eligible enrollees have an option to enroll in 
FEDVIP for comprehensive dental and/or vision insurance.
    Several commenters had similar comments and supported the 
regulation stating that the expansion is necessary and overdue. The 
commenters stated Federal employees performing the same job should not 
receive different benefits. They stated that expanding FEDVIP to more 
Federal employees will have a positive impact, including on FEDVIP 
rates, and will foster more competition in hiring and the ability to 
retain a strong workforce in the Federal Government. They also stated 
this could foster greater competition with the private sector. One of 
the commenters stated that all Federal employees eligible for FEHB 
should be able to receive dental and vision coverage and suggested that 
the FEHB Program should include basic dental and vision benefits with 
the option of choosing a plan with more coverage for more serious 
dental care.
    Another commenter who supports the rule detailed its importance for 
wildland firefighters and discussed the detrimental health effects of 
wildfires such as eye and respiratory tract irritation, reduced lung 
function, bronchitis, exacerbation of asthma and heart failure, and 
premature death. The commenter also discussed the importance of 
firefighters for public

[[Page 47742]]

safety and the need for the Federal Government to hire more wildland 
firefighters. The commenter stated expansion of FEDVIP to seasonal, 
temporary, and/or intermittent employees, including firefighters, will 
allow the Federal Government to hire and retain a strong workforce that 
will overall benefit the public and the environment.
    OPM appreciates the supportive comments about expanding FEDVIP to 
additional employees. In response to the comment that expanding FEDVIP 
will result in competitive rates for employees, OPM cannot estimate the 
impact on premium rates as we cannot predict the uptake of the eligible 
population. In response to the suggestion that FEHB plans should 
include basic dental and vision, OPM notes that is outside the scope of 
this rule and there are FEHB plans with dental and vision benefits 
which vary by plan.
    OPM received several comments from a commenter in support of the 
proposed rule as it impacts non-career Postal employees as well as 
recommendations on the rule. The commenter supported the rule's 
proposal that newly eligible employees may enroll within 60 days of 
publication of the final rule, after the employing office notifies 
employees of their eligibility for FEDVIP. The commenter explained that 
the USPS normally uses 60 days to allow newly hired non-career 
employees to enroll in a non-career health benefit plan after they are 
hired. The commenter recommended that OPM authorize an enrollment 
procedure similar to the process that is used to enroll City Carrier 
Assistants in USPS's non-career health benefits health plan. OPM would 
like to clarify that authorization of a procedure is unnecessary, and 
that FEDVIP enrollment takes place through BENEFEDS, a secure 
enrollment website sponsored by OPM that allows eligible individuals to 
enroll or change enrollment in a FEDVIP plan.
    The commenter also identified a possible ambiguity regarding 
eligibility as the preamble of the proposed rule states that certain 
Postal temporary employees and Postal employees on seasonal and 
intermittent schedules expected to work 130 hours per calendar month, 
for at least 90 days, would be eligible for FEDVIP. However, the 
proposed paragraph (e)(5) of 5 CFR 894.302 regarding the eligibility of 
temporary employees cross-referenced 5 CFR 890.102(j), a provision in 
the FEHB regulation stating that only non-Postal employees on temporary 
appointments, and non-Postal employees working on seasonal and 
intermittent schedules are eligible for FEHB. We have modified the 
regulatory text throughout 5 CFR 894.302 and added paragraphs (e)(5) 
and (6), (f)(3), and (g)(2) to clarify that Postal employees on 
temporary appointments and those on seasonal and intermittent schedules 
are eligible for FEDVIP.
    In addition, the preamble to the proposed rule included an estimate 
of Federal employees in the impacted categories that would become 
eligible for FEDVIP. However, there was not an estimate of the impacted 
categories of Postal employees who would become eligible. As of 
September 2022, OPM estimates 72,100 Federal employees in the impacted 
categories would become eligible for FEDVIP. As of fiscal year 2022, 
approximately 118,609 \1\ Postal employees in the impacted categories 
would become eligible for FEDVIP. This estimate of Postal employees is 
based on the category of Postal employees referred to as full-time non-
career (sometimes referred to as pre-career) employees and generally 
corresponds to the category of employees affected by the modification 
of FEDVIP eligibility under this final rule.
---------------------------------------------------------------------------

    \1\ United States Postal Service, Fiscal Year 2022 Annual Report 
to Congress, available at https://about.usps.com/what/financials/annual-reports/fy2022.pdf.
---------------------------------------------------------------------------

Changes From the Proposed Rule

    OPM has made several changes to this final rule regarding 
eligibility for Postal employees on temporary appointments and seasonal 
and intermittent schedules and technical corrections. First, we updated 
the List of Subjects in 5 CFR part 894 to remove the terms ``Hostages, 
Iraq, Kuwait, and Lebanon'' to update the topics currently in FEDVIP 
regulations. Second, the final rule updates 5 CFR 894.101 to clarify 
that the term ``enrollee'' also includes employees or annuitants of the 
USPS. Third, the proposed rule cross-referenced 5 CFR 890.102(j) in 
several paragraphs in Sec.  894.302, which would inadvertently exclude 
Postal employees from eligibility for the FEDVIP modification. To 
correct this, the final rule in Sec.  894.302 adds new paragraphs 
(e)(5) and (6), (f)(3), and (g)(2) to clarify that Postal employees on 
temporary appointments and seasonal and intermittent schedules are 
eligible for FEDVIP. Fourth, the final rule clarifies in 5 CFR 
894.301(d) that employees in positions providing emergency response 
services for wildland fire protection as described in in 5 CFR 
890.102(h), and employees performing similar types of emergency 
response services for whom, upon request by the employing agency, OPM 
granted eligibility, as described in 5 CFR 890.102(i), are eligible for 
FEDVIP. In Sec.  894.403, the final rule adds paragraph (b)(6) to 
clarify that Postal Service employees who are not eligible for FEHB may 
not pay FEDVIP premiums on a pre-tax basis. This applies to Postal 
Service employees affected by the rule--generally non-career Postal 
employees (temporary Postal employees as well as certain Postal 
employees on seasonal and intermittent schedules).
    The proposed rule proposed changing the term ``service'' to 
``Federal employment'' in 5 CFR 894.501(c) to clarify that ``service'' 
refers to Federal employment. However, the final rule does not adopt 
this change and retains the original regulatory language since 
``service'' refers to employment at both Federal agencies and USPS, and 
the clarification is not necessary. The proposed rule did add paragraph 
(h) to Sec.  894.501 to clarify that an eligible individual may enroll 
within 60 days of the individual's annuity or compensation being 
restored after having been terminated, and that proposed change is 
adopted.
    In addition, the final rule clarifies inconsistencies in the 
preamble and regulatory text of the proposed rule regarding a decrease 
in enrollment type or cancellation of an enrollment because of 
eligibility for dental or vision benefits from the VA. The proposed 
rule had inconsistencies in whether an enrollee or family member had to 
only be eligible for dental or vision benefits from the VA, or also 
enroll in VA dental or vision benefits for the decrease in enrollment 
type or cancellation to apply. The final rule clarifies that the 
enrollee or family member must only be eligible for dental or vision 
benefits from the VA to decrease enrollment type under new paragraph 
(a)(3) of Sec.  894.510 and to cancel an enrollment under Sec.  
894.602(c). OPM is using the broader term of eligibility since in 
certain circumstances, veterans may not be required to enroll in order 
to receive certain VA benefits.
    The final rule also clarifies that under new paragraph (a)(3) of 5 
CFR 894.510 that enrollees, identified in Sec.  894.403(b), who pay 
premiums on a post-tax basis may decrease enrollment type if an 
eligible family member becomes eligible for VA dental or vision 
benefits. Under 5 CFR 894.510(a)(3), the enrollee must submit the 
request within 60 days after notification of eligibility for VA dental 
or vision benefits of a family member or TRICARE-eligible individual 
(TEI) family member. The rule also clarifies that cancelling an 
enrollment under Sec.  894.602(c) due to an enrollee

[[Page 47743]]

becoming eligible for VA dental or vision benefits applies to 
enrollees, identified in Sec.  894.403(b), who do not pay premiums on a 
pre-tax basis. For enrollees requesting to cancel enrollment under 
Sec.  894.602(c), the enrollee must submit the request within 60 days 
of notification of eligibility for VA dental or vision benefits. OPM is 
also clarifying that these exceptions are not qualifying life events 
(QLEs), but rather exceptions for this group of enrollees, namely 
veterans, and only applies to enrollees who do not pay premiums on a 
pre-tax basis. OPM must follow Internal Revenue Service rules in 
determining which events are QLEs, and these exceptions do not 
implicate enrollees eligible for premium conversion (pre-tax payment of 
premiums). Enrollees who are eligible for premium conversion cannot 
decrease enrollment type under the exception at Sec.  894.510 or cancel 
enrollment mid-year.
    The final rule does not include the proposed changes to Sec.  
894.512 to change ``Federal Government'' to ``Federal employment'' or 
``service'' to ``employment'' as this clarification is not necessary. 
Additionally, the final rule also amends Sec.  894.601(i) to only 
discuss when FEDVIP coverage stops for an enrollee or sponsor who 
cancels coverage because they are eligible for or enrolled in VA dental 
or vision benefits. The proposed rule at Sec.  894.601(i) included 
language that is more appropriate for Sec.  894.602 regarding the 
responsibility of a sponsor to notify family members of changes in 
enrollment, and the final rule describes this responsibility of a 
sponsor at Sec.  894.602. An enrollee or sponsor requesting to cancel 
an enrollment under Sec.  894.601(i) must submit the request within 60 
days after notification of eligibility for VA dental or vision 
benefits. The final rule also clarifies that Sec.  894.602(b), which 
allows cancellation due to deployment to active military duty, not only 
applies to an employee and their spouse but also all enrollees, 
including an annuitant or their spouse. The final rule does not include 
the proposed change to Sec.  894.704 to insert ``Federal employment'' 
in relation to where an individual may retire from and instead 
clarifies that this may also include the USPS in addition to the 
Federal Government.
    The final rule also clarifies throughout 5 CFR part 894 that 
certain provisions that apply to Federal employees also apply to 
employees of the USPS. This clarification was needed since currently an 
employee of the USPS is included in the definition of ``employee'' only 
for purposes of subpart A.
    The final rule also clarifies that the system of records notice for 
this collection is OPM Central-26 rather than OPM Central-1 as listed 
in the proposed rule.

Provisions of the Final Rule

Addition of Newly Eligible Groups

    This final rule will allow newly eligible individuals to enroll 
themselves and cover their eligible family members in FEDVIP. Under 
current FEDVIP regulations at 5 CFR 894.302, Federal employees in 
certain positions are not eligible to enroll in FEDVIP. This final rule 
extends eligibility to enroll in FEDVIP to certain temporary Federal 
employees and certain Federal employees on seasonal and intermittent 
schedules who are eligible for the FEHB Program. Consistent with 
Internal Revenue Code section 4980H, OPM expanded eligibility to enroll 
in the FEHB Program to these categories of Federal employees who are 
expected to work 130 hours per month, for at least 90 days, at 79 FR 
62325 (October 17, 2014). This final rule expands eligibility to enroll 
in FEDVIP to this same group of employees under 5 CFR part 894 and 
allows them to enroll in FEDVIP.
    In addition, the rule allows certain temporary Postal employees as 
well as certain Postal employees on seasonal and intermittent schedules 
expected to work 130 hours per calendar month, for at least 90 days, to 
enroll for FEDVIP coverage as the USPS does not offer separate dental 
and vision plans for these employees.
    Current FEDVIP regulations do not allow certain firefighters on 
temporary appointments and intermittent emergency response personnel 
for wildland fire protection to enroll. These employees are distinct 
from the categories described above because they might not meet the 
requirement of being expected to work 130 hours per calendar month, for 
at least 90 days. In 2012, upon request by an employing agency, 
eligibility to enroll in the FEHB Program was extended to employees in 
positions that provide emergency response services for wildland fire 
protection, and to employees performing similar types of emergency 
response services if approved by OPM. This final rule similarly 
provides these employees eligibility to enroll in FEDVIP.

Enrollments for Newly Eligible Individuals

    Enrollments for newly eligible individuals pursuant to this rule 
will be accepted during a 60-day period after the issuance of the final 
rule that begins when the employing office notifies employees of their 
eligibility to enroll in a FEDVIP plan. If a Federal or Postal employee 
is on a temporary appointment or seasonal or intermittent schedule and 
is expected to work or does work 130 hours per calendar month, for at 
least 90 days, then the individual is eligible to enroll upon 
notification by their employing office. If an employee is a firefighter 
or intermittent emergency response personnel, they are eligible upon 
notification of their employing office. Employing offices must 
determine eligibility of new and current employees and upon determining 
eligibility, promptly offer employees made eligible by this rule an 
opportunity to enroll in FEDVIP and coverage will become effective 
pursuant to 5 CFR 894.504.

Enrollment of Active Duty Service Members Who Experience a Status 
Change to Uniformed Services Retirees

    This final rule clarifies when active duty service members who 
become uniformed services retirees may enroll in FEDVIP outside of open 
season. A sponsor on active duty becomes eligible for FEDVIP as a TEI, 
pursuant to Public Law 108-496, when the individual becomes a uniformed 
services retiree. Under current regulations at 5 CFR 894.501(b), an 
individual may enroll within 60 days of becoming eligible. Under 5 CFR 
894.504, the individual's enrollment is effective the first day of the 
pay period following the one in which the Administrator receives the 
enrollment.
    However, a sponsor on active duty who retires and becomes a TEI 
could experience a 30-day break in coverage if that individual enrolls 
when becoming eligible as a uniformed services retiree. OPM is revising 
Sec.  894.501(e) and redesignating it as Sec.  894.501(f) to allow 
these active duty service members who will experience a status change 
to a uniformed services retiree to enroll in FEDVIP. Such service 
members may enroll beginning 31 days before the service member loses 
other dental or vision coverage, and during an additional 60 days after 
becoming eligible to enroll. OPM is also amending 5 CFR 894.504(d) to 
make the effective date for these individuals enrolling outside of open 
season to be no earlier than the date the active duty service member 
lost other coverage.

[[Page 47744]]

Amendment of Current QLE, Additional Exceptions To Decrease Enrollment 
Type and Cancel Enrollment, and Technical Corrections

    This final rule amends certain provisions in 5 CFR part 894 to 
clarify a current qualifying life event applies to all enrollees and 
adds exceptions for enrollees to decrease an enrollment type and cancel 
a FEDVIP enrollment. In 5 CFR 894.511, OPM amends the language to 
clarify the QLE allowing an enrollee to decrease an enrollment if a 
spouse who is enrolled becomes deployed to active military duty. 
Section 894.511(b) has been amended to use the term ``enrollee'' as 
defined in Sec.  894.101 since it includes Federal employees, employees 
of the USPS, annuitants, compensationers, and TEIs. In addition, the 
rule adds an exception at new paragraph (a)(3) of Sec.  894.510 for an 
enrollee, as specified in Sec.  894.403(b), whose FEDVIP premiums are 
not paid on a pre-tax basis, to decrease an enrollment type if a 
covered family member becomes eligible for dental or vision benefits 
from the VA.
    In Sec.  894.601, OPM amends paragraph (a) to clarify that an 
employee of the USPS is included in the provision on when FEDVIP 
coverage stops after the individual is no longer eligible. In 5 CFR 
894.601, OPM also adds a new paragraph (i) that addresses when FEDVIP 
coverage stops if an enrollee or sponsor is eligible to cancel an 
enrollment outside of open season. In 5 CFR 894.602, OPM adds an 
exception to the current rules on cancellation for an enrollee 
identified in Sec.  894.403(b), who does not pay FEDVIP premiums on a 
pre-tax basis, to cancel their FEDVIP enrollment if the enrollee is 
determined to be eligible for dental or vision benefits through the VA. 
If the enrollee is a sponsor who meets one of the conditions in 5 CFR 
894.309(a)(3)(iii) and cancels a self plus one or self and family 
enrollment in a FEDVIP dental plan, the sponsor must notify eligible 
family members about the change in enrollment. Then pursuant to Sec.  
894.811, a TEI family member can accept the responsibility to self-
certify and enroll in a FEDVIP dental plan as a TEI certifying family 
member and cover other TEI family members.

Technical Corrections

    In addition, this final rule includes technical corrections. These 
technical corrections include the following: incorporated 
capitalization and italicization of certain defined terms throughout 5 
CFR part 894; updated the definition of stepchild in 5 CFR 894.101; 
amended 5 CFR 894.201 to use the more inclusive terminology of 
``enrollee'' instead of the terms ``employee'' and ``annuitant'' since 
TEIs are also enrollees; removed 5 CFR 894.203 since the situations for 
changing a family member under a self plus one enrollment or changing 
to a self only enrollment are covered in 5 CFR 894.510 and 894.511; and 
amended 5 CFR 894.511 to use the more inclusive terminology of 
``enrollee'' instead of the terms ``employee,'' ``annuitant,'' or 
``compensationer'' since Postal employees and TEIs are also enrollees. 
This rule also incorporates italicization of defined terms in 5 CFR 
894.502.

Expected Impact of Final Rule

    While this rule expands the number of individuals who are 
potentially eligible for FEDVIP, OPM does not believe this regulation 
will have a large impact on the broader dental and vision insurance 
markets. FEDVIP generally constitutes a smaller percentage of dental 
and vision insurance carrier's overall books of business. OPM has 
contracted with twelve dental carriers and five vision carriers to 
offer plans under FEDVIP. There are currently twenty-three dental plan 
options available across FEDVIP from these twelve dental carriers. 
Within the five vision carriers, there are currently ten vision plan 
options that are nationwide and internationally available to all 
potential enrollees.
    As of September 2022, OPM estimates 72,100 Federal employees in the 
impacted categories would become eligible for FEDVIP. As of fiscal year 
2022, approximately 118,609 \2\ Postal employees in the impacted 
categories would become eligible for FEDVIP. This estimate of Postal 
employees is based on the category of Postal employees referred to as 
full-time non-career (sometimes referred to as pre-career) employees 
and generally corresponds to the category of employees affected by the 
modification of FEDVIP eligibility under this final rule. In the 
proposed rule published on October 19, 2021, at 86 FR 57764, OPM sought 
comments on the following to supplement its analysis on the affected 
population:
---------------------------------------------------------------------------

    \2\ United States Postal Service, Fiscal Year 2022 Annual Report 
to Congress.
---------------------------------------------------------------------------

    1. How will the regulation impact changes to enrollment in FEDVIP?
    2. How will the allowance of new categories of employees impact 
FEDVIP?
    While there were no comments on how the regulation will impact 
changes to enrollment in FEDVIP, OPM did receive comments on expanding 
FEDVIP to allow new categories of employees. Several commenters stated 
that expanding FEDVIP to more Federal employees will have a positive 
impact, including on FEDVIP rates, and will foster more competition in 
hiring and the ability to maintain a strong workforce in the Federal 
Government. They also stated this could foster greater competition with 
the private sector. One commenter stated that instead of opening up 
FEDVIP to more employees, OPM should consider requiring FEHB plans to 
include basic preventive dental care and eye exams/glasses as 
preventive care saves money. OPM declines this suggestion and notes 
that FEDVIP dental plans include preventive services such as routine 
services like exams and cleanings at no costs to enrollees when using 
in-network dentists.
    Due to data limitations, OPM is unable to estimate the newly 
eligible populations' enrollment uptake in FEDVIP. While this 
population is currently eligible for FEHB, OPM cannot predict their 
uptake of dental and vision benefits based upon their uptake in health 
insurance benefits. However, due to the limited number of employees 
newly eligible to enroll in FEDVIP under this regulation, OPM does not 
anticipate a measurable impact on the overall FEDVIP risk pool.
    We expect that the newly eligible population has a lower income 
compared to other Federal employees enrolled in FEDVIP. For instance, 
the current starting salary for entry-level wildland firefighters is 
$15 per hour.\3\ Further, temporary Federal employees and certain 
Federal employees on seasonal and intermittent schedules are expected 
to work 130 hours per calendar month, for at least 90 days, to enroll 
for FEDVIP, which may mean less pay. There may be significant pent-up 
demand for services, at least initially, because it is likely that 
these individuals did not have dental or vision coverage. A 2020 review 
published in the Annual Review of Public Health found that individuals 
who are considered low income have a higher rate of insufficient or no 
dental coverage.\4\ This leads to higher out-of-pocket costs for 
treatment, which is a deterrent for treatment. The same is true for 
vision care, with lack of access based on affordability, lack of 
transportation, and availability of optometrists, ophthalmologists, and 
other health

[[Page 47745]]

professionals in close proximity to these individuals as some of the 
most common reasons explaining insufficient coverage.\5\ This in turn 
correlates with higher dental, vision, and other health care needs.
---------------------------------------------------------------------------

    \3\ Government Accountability Office. (2022). Barriers to 
Recruitment and Retention of Federal Wildland Firefighters. 
Washington, DC. Retrieved from https://www.gao.gov/assets/gao-23-105517.pdf.
    \4\ Northridge M, Kumar A, Kaur R. Disparities in Access to Oral 
Health Care. Annu Rev Public Health. 2020, 41:513-535.
    \5\ Solomon S, Shoge R, Ervin A, et al. Improving Access to Eye 
Care: A Systematic Review of the Literature. Science Direct. 2022, 
129:1079-1080.
---------------------------------------------------------------------------

    While OPM does not anticipate a significant overall impact on the 
FEDVIP risk pool, in the case of firefighters and other emergency 
personnel, there is additional occupational risk, especially when it 
comes to vision but also overall health. To the extent this is true, 
the need to cover more costly dental and vision procedures could lead 
to a very slight increase in average premiums. This in turn may lead to 
a very small number of those enrolled to disenroll because they do not 
want to pay for the increased premium. If this occurs, the effect of an 
increase in disenrollment in the program would be negligible because 
current FEDVIP enrollment is 20 times larger than the newly eligible 
group. Any increase in premium from occupational risk may be 
counteracted by the likelihood that this newly eligible population is 
younger (especially pre-career postal employees), which correlates with 
lower age-related dental, vision, and health care risk.
    Other than the small distributional effects described above, the 
net effect of expanding eligibility should be positive for society. 
Enrollees are responsible for paying the entire premium and should 
therefore enroll only to the extent that their expected benefit 
outweighs the cost (premium). It should increase dental, vision, and 
overall health for this population if needs that have been neglected 
due to lack of coverage are going to be addressed. This, in turn, 
correlates with fewer sick days and increased productivity. The 
expansion of coverage also promotes parity with other Federal employees 
in dental and vision access for employees with higher occupational 
risk, such as wildland firefighters and other emergency responders who 
may experience harmful impacts of fire and smoke on their vision and 
health.

Executive Orders 13563 and 12866, Regulatory Review

    Executive Orders 12866 and 13563 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distribute impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. A regulatory impact analysis must be prepared for major 
rules with economically significant effects of $200 million or more in 
any one year. This rule has been designated as a ``significant 
regulatory action,'' under Executive Order 12866.

Regulatory Flexibility Act

    OPM certifies that this regulation will not have a significant 
economic impact on a substantial number of small entities.

Congressional Review Act

    Subtitle E of the Small Business Regulatory Enforcement Fairness 
Act of 1996 (also known as the Congressional Review Act) (5 U.S.C. 801 
et seq.) requires rules (as defined in 5 U.S.C. 804) to be submitted to 
Congress before taking effect. The Office of Management and Budget's 
(OMB's) Office of Information and Regulatory Affairs has determined 
this is not a major rule as defined by the Congressional Review Act (5 
U.S.C. 804(2)).

Federalism

    OPM examined this rule in accordance with Executive Order 13132, 
Federalism, and determined that it will not have any negative impact on 
the rights, roles and responsibilities of state, local, or tribal 
governments.

Civil Justice Reform

    This regulation meets the applicable standard set forth in 
Executive Order 12988.

Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by state, local, and 
tribal governments, in the aggregate, or by the private sector, of $100 
million or more in any year and it will not significantly or uniquely 
affect small governments. Therefore, no actions were deemed necessary 
under the provisions of the Unfunded Mandates Reform Act of 1995.

Paperwork Reduction Act

    Notwithstanding any other provision of law, no person is required 
to respond to, nor shall any person be subject to a penalty for failure 
to comply with a collection of information subject to the requirements 
of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), 
unless that collection of information displays a currently valid OMB 
Control Number.
    This rule involves an OMB approved collection of information 
subject to the PRA for the FEDVIP Enrollment System, known as BENEFEDS, 
OMB Control Number: 3206-0272. The public reporting burden for this 
collection is estimated to average 7.19 minutes for a respondent to 
submit an enrollment, including time for reviewing education and 
support, but may not include time for reviewing a plan and specific 
benefits, which is a decrease in burden response due to increased 
system efficiency. The total burden hour estimate for this form is 
76,828 hours. The systems of record notice for this collection is OPM/
Central-26, ``FEDVIP, FLTCIP, and FSAFEDS Records,'' available at 
https://www.federalregister.gov/documents/2022/06/21/2022-13216/privacy-act-of-1974-system-of-records.

List of Subjects in 5 CFR Part 894

    Administrative practice and procedure, Government employees, Health 
facilities, Health insurance, Health professions, Military personnel, 
Reporting and recordkeeping requirements, Retirement.

Office of Personnel Management.
Kayyonne Marston,
Federal Register Liaison.

    Accordingly, OPM amends 5 CFR part 894 as follows:

PART 894--FEDERAL EMPLOYEES DENTAL AND VISION INSURANCE PROGRAM

0
1. The authority citation for part 894 continues to read as follows:

    Authority: 5 U.S.C. 8962; 5 U.S.C. 8992; Subpart C also issued 
under section 1 of Pub. L. 110-279, 122 Stat. 2604 (2 U.S.C. 2051); 
and Sec. 894.601(b) also issued under Pub. L. 116-92, 133 Stat. 1198 
(5 U.S.C. 8956 note).

Subpart A--Administration and General Provisions

0
2. Amend Sec.  894.101 by revising the definitions of ``Annuitant,'' 
``Enrollee,'' ``Premium conversion,'' and ``Stepchild'' to read as 
follows:


Sec.  894.101  Definitions.

* * * * *
    Annuitant means an individual defined at 5 U.S.C. 8901(3). 
Generally, the term means a former employee or employee of the United 
States Postal Service who is entitled to an immediate annuity or a 
disability annuity under a retirement system established for employees. 
The term also generally includes those receiving a survivor

[[Page 47746]]

annuity due to the death of an employee or employee of the United 
States Postal Service or annuitant (survivor annuitants) and those 
receiving compensation from the Office of Workers' Compensation 
Programs (compensationers). The term does not include former employees 
who retire with a deferred annuity under 5 U.S.C. 8413, or former 
spouses of annuitants.
* * * * *
    Enrollee means the individual in whose name the FEDVIP enrollment 
is carried. There is one FEDVIP enrollment for each enrollee in a 
dental plan, and/or in a vision plan and that enrollment may include 
family members who may be covered by the enrollment. The term enrollee 
includes individuals eligible to enroll based upon a status described 
at subpart C of this part, who enroll and are covered. With respect to 
the Federal workforce, an enrollee generally means an employee or 
annuitant. With respect to the United States Postal Service, an 
enrollee generally means an employee or annuitant of the United States 
Postal Service. With respect to a TEI, an enrollee generally means the 
sponsor who is a TEI with respect to a FEDVIP plan; but if the sponsor 
is not a TEI, or for FEDVIP dental benefits if the sponsor defined at 
Sec.  894.804 is not enrolled and meets a condition at Sec.  
894.309(a)(3)(iii), then enrollee means the TEI certifying family 
member. A TEI former spouse may be an enrollee only for a self-only 
FEDVIP vision plan. An enrollee may enroll and elect a FEDVIP dental 
and/or vision plan, option, and type of enrollment, except as provided 
at Sec.  894.309.
* * * * *
    Premium conversion means the payment of FEDVIP premiums by an 
employee or United States Postal Service employee using pre-tax 
dollars. See Sec.  892.102 of this chapter for a discussion of how 
premium conversion works.
* * * * *
    Stepchild means your spouse's child born within or outside marriage 
or their adopted child. The child of your spouse shall continue to be 
considered your stepchild after your divorce from your spouse or the 
death of your spouse so long as the child continues to live with you in 
a regular parent-child relationship.
* * * * *

0
3. Amend Sec.  894.105 by revising paragraphs (b) and (c) to read as 
follows:


Sec.  894.105  Who may correct an error in my enrollment?

* * * * *
    (b) OPM may order correction of an administrative error or other 
noncompliance with FEDVIP rules in this part if it receives evidence 
that it would be against equity (fairness) and good conscience not to 
order the correction. Corrections are made at the discretion of OPM and 
are not subject to review.
    (c) If the correction gives you or a family member retroactive 
coverage, you must pay the premiums for all periods of the retroactive 
coverage. Retroactive premiums will not be on a pre-tax basis (they are 
not subject to premium conversion).

Subpart B--Coverage and Types of Enrollment

0
4. Revise Sec.  894.201 to read as follows:


Sec.  894.201  What types of enrollments are available under FEDVIP?

    FEDVIP has three types of enrollment:
    (a) Self only, which covers only the enrollee;
    (b) Self plus one, which covers the enrollee plus one family 
member; and
    (c) Self and family, which covers the enrollee and all family 
members.

0
5. Amend Sec.  894.202 by revising the section heading to read as 
follows:


Sec.  894.202  I am an enrollee; if I enroll for self plus one, may I 
decide which family member to cover?

* * * * *


Sec.  894.203  [Removed]

0
6. Remove Sec.  894.203.


Sec.  894.204  [Redesignated as Sec.  894.203]

0
7. Redesignate Sec.  894.204 as Sec.  894.203.

0
8. Revise newly redesignated Sec.  894.203 to read as follows:


Sec.  894.203  May I be enrolled in more than one dental or vision plan 
at a time?

    You may be enrolled or be covered in a FEDVIP dental plan and a 
separate FEDVIP vision plan at the same time. But no one may enroll or 
be covered as a family member in a FEDVIP dental or vision plan if he 
or she is covered under another person's FEDVIP dental or vision self 
plus one or self and family enrollment, except as provided under Sec.  
890.302(a)(2) of this chapter, with respect to dual enrollments. If two 
parents of a TEI child are entitled to be a sponsor, they must choose 
one parent to be the child's sponsor. Dual enrollments of TEIs are 
permitted as provided under Sec.  890.302(a)(2) of this chapter as 
applicable to TEI family members.

Subpart C--Eligibility

0
9. Amend Sec.  894.301 by:
0
a. Revising the section heading.
0
b. In paragraph (b), removing the word ``or'' at the end of the 
paragraph.
0
c. In paragraph (c)(2), removing the period at the end of the paragraph 
and adding ``; or'' in its place.
0
d. Adding paragraph (d).
    The revision and addition read as follows:


Sec.  894.301  Am I eligible to enroll in FEDVIP as an employee?

* * * * *
    (d) You are an employee in a position identified by OPM that 
provides emergency response services for wildland fire protection 
pursuant to Sec.  890.102(h) of this chapter; or you are an employee 
pursuant to Sec.  890.102(i) of this chapter, under which, upon request 
by the employing agency, OPM may grant eligibility to employees 
performing similar types of emergency response services. OPM may limit 
the coverage of intermittent employees to the periods of time during 
which they are in a pay status pursuant to Sec.  890.102(i) of this 
chapter.

0
10. Amend Sec.  894.302 by:
0
a. Revising the introductory text.
0
b. Removing the undesignated paragraph following the introductory text.
0
c. In paragraph (e)(3):
0
i. Removing ``Sec.  316.401 and Sec.  316.403'' and adding ``Sec. Sec.  
316.401 and 316.403'' in its place.
0
ii. Removing the word ``or'' at the end of the sentence.
0
d. In paragraph (e)(4), removing the period at the end of the sentence 
and adding a semicolon in its place.
0
e. Adding paragraphs (e)(5) and (6).
0
f. Revising paragraphs (f) and (g).
0
g. Adding paragraphs (l) and (m).
    The revisions and additions read as follows:


 Sec.  894.302  What is an excluded position?

    Excluded positions are described in 5 U.S.C. 8901(1)(i), (ii), 
(iii), and (iv) and Sec.  890.102(c) of this chapter, except that 
employees of the United States Postal Service, District of Columbia 
courts, and employees identified in Sec.  890.102(c)(9)(i) and (ii) of 
this chapter are not excluded positions. You are in an excluded 
position if you are:
* * * * *
    (e) * * *
    (5) You are an employee working on a temporary appointment, and if 
you meet the conditions in Sec.  890.102(j) of this chapter, you are 
eligible to enroll in a FEDVIP plan upon notification by your employing 
office; or
    (6) You are an employee of the United States Postal Service working 
on a temporary appointment, and if you meet

[[Page 47747]]

the conditions of Sec.  890.102(j) of this chapter except the 
requirement of being a non-Postal employee, you are eligible to enroll 
in a FEDVIP plan upon notification by your employing office.
    (f) Expected to work fewer than six months in each year. 
Exceptions: You are eligible if:
    (1) You receive an appointment of at least one year's duration as 
an Intern under Sec.  213.3402(a) of this chapter. To qualify, you must 
be expected to be in a pay status for at least one-third of the total 
period of time from the date of the first appointment to the completion 
of the work-study program.
    (2) You are an employee working on a seasonal schedule of less than 
6 months in a year, and if you meet the conditions in Sec.  890.102(j) 
of this chapter, you are eligible to enroll in a FEDVIP plan upon 
notification by your employing office.
    (3) You are an employee of the United States Postal Service working 
on a seasonal schedule of less than 6 months in a year, and if you meet 
the conditions in Sec.  890.102(j) of this chapter except the 
requirement of being a non-Postal employee, you are eligible to enroll 
in a FEDVIP plan upon notification by your employing office.
    (g)(1) An intermittent employee (a non-full-time employee without a 
prearranged regular tour of duty). Exception: If you are an employee 
working on an intermittent schedule and if you meet the conditions in 
Sec.  890.102(j) of this chapter you are eligible to enroll in a FEDVIP 
plan upon notification by your employing office.
    (2) An intermittent employee of the United States Postal Service (a 
non-full-time employee without a prearranged regular tour of duty). 
Exception: If you are an employee of the United States Postal Service 
working on an intermittent schedule, and if you meet the conditions of 
Sec.  890.102(j) of this chapter except the requirement of being a non-
Postal employee, you are eligible to enroll in a FEDVIP plan upon 
notification by your employing office.
* * * * *
    (l) For purposes of this subpart and as defined in Sec.  
890.102(j)(4) of this chapter, qualifying leave without pay hours means 
hours of leave without pay for purposes of taking leave under the 
Family and Medical Leave Act for performance of duty in the Uniformed 
Services under the Uniformed Services Employment and Reemployment 
Rights Act of 1994, 38 U.S.C. 4301 et seq., for receiving medical 
treatment under Executive Order 5396 (July 7, 1930), and for periods 
during which workers compensation is received under the Federal 
Employees Compensation Act, 5 U.S.C. chapter 81.
    (m) Once an employee or an employee of the United States Postal 
Service is properly enrolled under paragraphs (e) through (g) of this 
section and meets the applicable conditions in Sec.  890.102(j) of this 
chapter, enrollment will not be terminated, regardless of his or her 
actual work schedule or employer expectations in subsequent years, 
unless the employee or employee of the United States Postal Service 
separates from service, receives a new appointment (in which case 
eligibility will be determined by the rules in this part applicable to 
the new appointment), or otherwise meets one of the circumstances for 
termination or cancellation of coverage in Sec. Sec.  894.601 and 
894.602.

Subpart D--Cost of Coverage

0
11. Amend Sec.  894.401 by revising paragraph (a) to read as follows:


Sec.  894.401  How do I pay premiums?

    (a) Employees and employees of the United States Postal Service pay 
premiums through payroll allotments.
* * * * *

0
12. Amend Sec.  894.403 by:
0
a. Revising paragraphs (a) and (b)(1).
0
b. In paragraphs (b)(3) and (4), removing the period at the end of the 
paragraphs and adding a semicolon in its place.
0
c. In paragraph (b)(5), removing the period at the end of the paragraph 
and adding ``; or'' in its place.
0
d. Adding paragraph (b)(6).
    The revision and addition read as follows:


Sec.  894.403  Are FEDVIP premiums paid on a pre-tax basis?

    (a) Your FEDVIP premiums are paid on a pre-tax basis (called 
premium conversion) if you are an active employee or employee of the 
United States Postal Service, your salary is sufficient to make the 
premium allotments, and your agency will be able to make pre-tax 
allotments.
    (b) * * *
    (1) You are an employee or employee of the United States Postal 
Service in nonpay status or an employee or employee of the United 
States Postal Service whose salary is not high enough to make premium 
allotments, or your agency is unable to make pre-tax allotments;
* * * * *
    (6) You are an employee of the United States Postal Service not 
eligible to enroll in the FEHB Program under part 890 of this chapter.

Subpart E--Enrollment and Changing Enrollment

0
13. Amend Sec.  894.501 by:
0
a. Revising paragraphs (b) and (d).
0
b. Redesignating paragraphs (e), (f), and (g) as paragraphs (f), (g), 
and (i), respectively.
0
c. Adding new paragraph (e).
0
d. Revising newly redesignated paragraph (g).
0
e. Adding paragraph (h).
0
f. Revising newly redesignated paragraph (i).
    The revisions and additions read as follows:


Sec.  894.501  When may I enroll?

* * * * *
    (b) Within 60 days after you first become eligible as:
    (1) A new employee or employee of the United States Postal Service;
    (2) A previously ineligible employee or employee of the United 
States Postal Service who transfers to a covered position;
    (3) A new survivor annuitant, if not already covered under FEDVIP;
    (4) An employee or an employee of the United States Postal Service 
working on a temporary appointment as stated in Sec.  894.302(e)(5); an 
employee or employee of the United States Postal Service working on a 
seasonal schedule as stated in Sec.  894.302(f); or an employee or 
employee of the United States Postal Service working on an intermittent 
schedule as stated in Sec.  894.302(g);
    (5) An employee in a position identified by OPM that provides 
emergency response services for wildland fire protection pursuant to 
Sec.  890.102(h) of this chapter; or an employee performing similar 
types of emergency response services pursuant to Sec.  890.102(i) of 
this chapter for whom OPM grants eligibility to enroll based on a 
request by the employing agency. In granting eligibility requests, OPM 
may limit the coverage of intermittent employees to the periods of time 
during which they are in a pay status;
    (6) A TEI certifying family member, but only if, on your first date 
of eligibility to enroll, your sponsor is not a TEI or is deceased, or 
for FEDVIP dental coverage, if your sponsor is defined at Sec.  
894.309(a)(3)(iii); or
    (7) A TEI former spouse;
* * * * *
    (d) From 31 days before you or an eligible family member loses 
other dental or vision coverage to 60 days after a QLE that allows you 
to enroll;
    (e) For a sponsor who becomes eligible as a TEI, from 31 days 
before you lose other dental or vision coverage as an active duty 
service member to 60

[[Page 47748]]

days after you become eligible to enroll as a uniformed services 
retiree who is a TEI;
* * * * *
    (g) Within 60 days after returning to Federal employment or 
employment with the United States Postal Service after being on leave 
without pay if you did not have Federal dental or vision coverage prior 
to going on leave without pay, or your coverage was terminated or 
canceled during your period of leave without pay;
    (h) Within 60 days of your annuity or compensation being restored 
after having been terminated; or
    (i) For a TEI, within 60 days of your uniformed services pay or 
uniformed services retirement pay being restored after having been 
reduced, forfeited, or terminated.

0
14. Amend Sec.  894.502 by revising paragraphs (b) through (e) to read 
as follows:


Sec.  894.502  What are the Qualifying Life Events (QLEs) that allow me 
to enroll or become covered in FEDVIP outside of open season?

* * * * *
    (b) Your annuity or compensation is restored after having been 
terminated;
    (c) You return to pay status as an employee or employee of the 
United States Postal Service after being on leave without pay due to 
deployment to active military duty;
    (d) You are an employee or employee of the United States Postal 
Service and you get married;
    (e) You return to Federal employment or employment of the United 
States Postal Service after being on leave without pay if you did not 
have Federal dental or vision coverage prior to going on leave without 
pay, or your coverage was terminated or canceled during your period of 
leave without pay;
* * * * *

0
15. Amend Sec.  894.504 by:
0
a. Redesignating paragraphs (d) and (e) as paragraphs (e) and (f).
0
b. Adding new paragraph (d).
0
c. Revising newly redesignated paragraph (f).
    The addition and revisions read as follows:


Sec.  894.504  When is my enrollment effective?

* * * * *
    (d) Outside of open season, if you are an active duty service 
member who becomes a uniformed services retiree (TEI) and enroll or are 
enrolled 31 days before you lose other dental or vision coverage, your 
enrollment is effective no earlier than the date you lost other 
coverage.
* * * * *
    (f)(1) A belated open season enrollment or change is effective 
retroactive to the date it would have been effective if you had made a 
timely enrollment or request for a change.
    (2) Any belated enrollment or change outside of open season that 
goes beyond the allowable 60-day enrollment timeframe is effective 
retroactive to the 1st day of the pay period following the one in which 
you became newly eligible or the date of your QLE.
    (3) You must pay any retroactive premiums due to a belated 
enrollment or request for a change.

0
16. Amend Sec.  894.507 by revising paragraph (a)(3) to read as 
follows:


Sec.  894.507  After I'm enrolled, may I change from one dental or 
vision plan or plan option to another?

    (a) * * *
    (3) For employees or employees of the United States Postal Service, 
when you return to Federal or Postal employment after being on leave 
without pay if you did not have Federal dental or vision coverage prior 
to going on leave without pay, or your coverage was terminated or 
canceled during your period of leave without pay.
* * * * *

0
17. Amend Sec.  894.510 by:
0
a. Revising paragraph (a) introductory text.
0
b. In paragraph (a)(1), removing the word ``or'' at the end of the 
paragraph.
0
c. In paragraph (a)(2), removing the comma at the end of the paragraph 
and adding ``; or'' in its place.
0
d. Adding paragraph (a)(3).
    The addition reads as follows:


Sec.  894.510  When may I decrease my type of enrollment?

    (a) You may decrease your type of enrollment:
* * * * *
    (3) You are an enrollee, and under Sec.  894.403(b) your FEDVIP 
premiums are not paid on a pre-tax basis, and your family member or TEI 
family member becomes eligible for dental or vision benefits from the 
Department of Veterans Affairs. An enrollee must submit the request 
within 60 days after notification that your family member or TEI family 
member is eligible for dental or vision benefits from the Department of 
Veterans Affairs.
* * * * *

0
18. Amend Sec.  894.511 by revising paragraph (b) to read as follows:


Sec.  894.511  What are the QLEs that are consistent with decreasing my 
type of enrollment?

* * * * *
    (b) You are an enrollee and your spouse deploys to active military 
service.

Subpart F--Termination or Cancellation of Coverage

0
19. Amend Sec.  894.601 by revising paragraph (a) and adding paragraph 
(i) to read as follows:


Sec.  894.601  When does my FEDVIP coverage stop?

    (a) If you no longer meet the definition of an eligible employee as 
set forth in Sec.  894.101 or annuitant, or TEI, your FEDVIP coverage 
stops at the end of the pay period in which you were last eligible.
* * * * *
    (i) If you are an enrollee or sponsor and cancel your enrollment 
pursuant to Sec.  894.602(c), your cancellation will become effective 
at the end of the pay period that you submit your request.

0
20. Revise Sec.  894.602 to read as follows:


Sec.  894.602  May I cancel my enrollment at any time?

    Generally, an enrollee may only cancel an enrollment during an open 
season. Exceptions: You may cancel your dental and/or vision enrollment 
if:
    (a) You are an enrollee and transfer to an eligible position with a 
Federal agency that provides dental or vision coverage with 50 percent 
or more employer-paid premiums and you enroll in that program.
    (b) You are an enrollee and you or your spouse deploy to active 
military duty.
    (c) You are an enrollee or sponsor who does not pay premiums on a 
pre-tax basis, identified at Sec.  894.403(b), and during the course of 
your enrollment, you become eligible for Department of Veterans Affairs 
(VA) dental or vision benefits. If you cancel a self plus one or self 
and family enrollment, as sponsor, you must notify your family members 
of changes in your enrollment pursuant to Sec.  894.815. You will still 
be the sponsor but no longer the enrollee, and pursuant to Sec.  
894.811, your family members will only be eligible for FEDVIP dental 
coverage since you are a TEI-D who is not enrolled in FEDVIP and 
receives VA dental services and meets one of the conditions in Sec.  
894.309(a)(3)(iii). Upon cancellation of the enrollment, pursuant to 
Sec.  894.811, a TEI family member can accept the responsibility to 
self-certify and enroll in a FEDVIP dental plan as

[[Page 47749]]

a TEI certifying family member and cover other TEI family members.
    (d) Cancellations under this section will become effective at the 
end of the pay period that you submit your request.

Subpart G--Annuitants and Compensationers

0
21. Revise Sec.  894.702 to read as follows:


Sec.  894.702  May I participate in open season and make changes to my 
enrollment as an annuitant or compensationer?

    Yes. Annuitants and compensationers may participate in open season 
and make enrollment changes under the same circumstances as active 
employees or employees of the United States Postal Service.

0
22. Amend Sec.  894.704 by revising the section heading and paragraphs 
(a) and (b) to read as follows:


Sec.  894.704  What happens if I retire and then come back to work for 
the Federal Government or the United States Postal Service?

    (a) If you have FEDVIP coverage as an annuitant, and you become 
reemployed in an eligible position in Federal service or United States 
Postal Service, you must contact the Administrator so it can send the 
request for allotments to your agency so your agency can start making 
the allotments from your pay.
    (b) If you did not enroll in FEDVIP coverage as an annuitant and 
become reemployed in an eligible Federal position or United States 
Postal Service, you have 60 days to enroll in FEDVIP.
* * * * *


Sec. Sec.  894.101, 894.301, 894.302, 894.308, 894.404, 894.405, 
894.406, 894.510, 894.601, 894.704, and 894.901  [Amended]

0
23. In addition to the amendments above to 5 CFR part 894, in the table 
below, for each section indicated in the left column, remove the text 
indicated in the middle column from wherever it appears, and add in its 
place the text indicated in the right column:

----------------------------------------------------------------------------------------------------------------
                 Section                            Remove                               Add
----------------------------------------------------------------------------------------------------------------
Sec.   894.101 introductory text........  enrollee.................  enrollee.
Sec.   894.101, definition of             enrollee.................  enrollee.
 ``Acquiring an eligible child'',
 paragraph (4).
Sec.   894.101, definition of             enrollee's...............  enrollee's.
 ``Acquiring an eligible child'',
 paragraph (6).
Sec.   894.101, definition of             enrollee.................  enrollee.
 ``Acquiring an eligible child'',
 paragraph (6).
Sec.   894.101, definition of ``Child'',  enrollee.................  enrollee.
 paragraph (1)(iii).
Sec.   894.101, definition of ``Covered   employee.................  employee.
 position''.
Sec.   894.101, definition of             enrollee.................  enrollee.
 ``Dependent''.
Sec.   894.101, definition of             employee additionally....  employee additionally.
 ``Employee''.
Sec.   894.101, definition of             employee of the District.  employee of the District.
 ``Employee''.
Sec.   894.101, definition of             Administrator's..........  Administrator's.
 ``Enrollment reconsideration''.
Sec.   894.101, definition of             enrollee.................  enrollee.
 ``Recognized natural child''.
Sec.   894.101, definition of ``Regular   enrollee.................  enrollee.
 parent-child relationship''.
Sec.   894.301(c)(1)....................  employee.................  employee.
Sec.   894.302(d).......................  employees................  employees.
Sec.   894.302(k)(1) and (2)............  employee.................  employee.
Sec.   894.308(a) and (b) introductory    enrollee.................  enrollee.
 text.
Sec.   894.308(b)(2)....................  enrollee's...............  enrollee's.
Sec.   894.308(b)(3)....................  enrollee.................  enrollee.
Sec.   894.404..........................  employees................  employees.
Sec.   894.405(a).......................  Administrator............  Administrator.
Sec.   894.405(c).......................  enrollee.................  enrollee.
Sec.   894.406(c).......................  enrollee.................  enrollee.
Sec.   894.510(c)(1)....................  type of enrollment.......  type of enrollment.
Sec.   894.601(b).......................  enrollee.................  enrollee.
Sec.   894.704(c).......................  employee.................  employee.
Sec.   894.901(a) and (b)...............  enrollees................  enrollees.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2023-15375 Filed 7-24-23; 8:45 am]
BILLING CODE 6325-64-P