Federal Employees Health Benefits Program: Modification of Effective Date of Coverage for Employees With an Initial Opportunity To Enroll, 6436-6440 [2024-01940]

Agencies

• Office of Personnel Management

[Federal Register Volume 89, Number 22 (Thursday, February 1, 2024)]
[Proposed Rules]
[Pages 6436-6440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01940]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 89, No. 22 / Thursday, February 1, 2024 / 
Proposed Rules

[[Page 6436]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 890

[Docket ID: OPM-2023-0037]
RIN 3206-AO47


Federal Employees Health Benefits Program: Modification of 
Effective Date of Coverage for Employees With an Initial Opportunity To 
Enroll

AGENCY: Office of Personnel Management.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Office of Personnel Management (OPM) proposes to modify 
the Federal Employees Health Benefits (FEHB) regulations to allow for 
coverage to take effect as soon as an employee becomes eligible for 
coverage under the FEHB Program. This rulemaking is also applicable to 
the Postal Service Health Benefits (PSHB) Program within the FEHB 
Program. The proposed changes would allow FEHB and PSHB coverage to 
become effective at the beginning of the pay period that the employee 
in pay status has an initial opportunity to enroll. This change would 
occur when the employee becomes eligible for FEHB or PSHB coverage, 
provided an appropriate request to enroll is received by the employing 
office within the initial pay period that the employee becomes 
eligible.

DATES: Comments must be received on or before April 1, 2024.

ADDRESSES: You may submit comments, identified by docket number and/or 
Regulation Identifier Number (RIN) and title, by the following method:
     Federal Rulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
    All submissions received must include the agency name and docket 
number or RIN for this document. The general policy for comments and 
other submissions from members of the public is to make these 
submissions available for public viewing at https://www.regulations.gov 
as they are received, without change, including any personal 
identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Meredith Gitangu, Senior Policy 
Analyst, [email protected], (202) 606-2678.

SUPPLEMENTARY INFORMATION:

FEHB Program Background

    The FEHB Program was established in 1960 and is the largest 
employer-sponsored health insurance program in the United States. There 
are approximately 8.2 million covered individuals in the FEHB Program. 
Covered individuals, as defined in 5 CFR 890.101, include employees of 
the Federal Government, annuitants, members of their families, former 
spouses, and statutorily eligible groups enumerated in 5 U.S.C. 8901; 
and tribal employees of tribal employers, pursuant to 25 U.S.C. 1647b. 
Currently, Postal Service employees, Postal Service annuitants, and 
their family members are also eligible for health benefits under the 
FEHB Program pursuant to 39 U.S.C. 1005. Section 101 of the Postal 
Service Reform Act (PSRA) added new section 8903c to chapter 89 of 
title 5, United States Code, and directed OPM to establish the PSHB 
Program within the FEHB Program for Postal Service employees, Postal 
Service annuitants, and their eligible family members. Under 5 U.S.C. 
8903c(c)(3), except as otherwise set forth in 5 U.S.C. 8903c, the 
provisions of chapter 89 ``applicable to health benefits plans offered 
by carriers under section 8903 or 8903a shall apply to plans offered 
under the'' PSHB Program.
    Health benefits plans under the FEHB Program cover a wide range of 
health services including routine physical exams, primary and 
specialist doctors' visits, inpatient hospital care, surgery, 
laboratory and diagnostic tests, prescription drugs, and mental health 
services. Required benefits are listed in broad categories in the FEHB 
statute at 5 U.S.C. 8904 and include hospital benefits, surgical 
benefits, medical care and treatment, and obstetrical benefits, among 
others. The benefits, coverage, and premium details of each plan in the 
FEHB Program are negotiated with OPM each year.

Authority for This Rulemaking

    OPM administers the FEHB Program in accordance with Title 5 Chapter 
89, United States Code and implementing regulations (5 CFR parts 890 
and 892 and 48 CFR chapter 16). The authority to modify the effective 
coverage date for employees with an initial opportunity to enroll is 
under OPM's authority at 5 U.S.C. 8913 to prescribe regulations 
necessary to carry out administration of the FEHB Program. Based on 
agency feedback and OPM's own analysis, which are discussed in more 
detail in the next section, we are proposing changes to regulations 
that would allow for coverage to be effective sooner for eligible 
employees and act as a recruitment and retention tool that positions 
the Federal Government as a model employer.

Discussion of the Proposed Changes

Modification of Effective Date of Coverage for Employees With an 
Initial Opportunity To Enroll

    OPM proposes to modify its FEHB enrollment regulations regarding 
the effective date of coverage for employees with an initial 
opportunity to enroll. An initial opportunity to enroll is the time 
period in which employees are allowed to elect enrollment in FEHB and 
may occur in the following circumstances: as a new employee, when an 
employee changes from an excluded position to a position eligible for 
FEHB coverage, or a temporary employee who completes one year of 
service and is eligible to enroll under 5 U.S.C. 8906a. Currently, 
under 5 CFR 890.301(a), an employee ``may elect to enroll or not enroll 
[in FEHB] within 60 days after becoming eligible'' for FEHB coverage. 
Coverage is effective on the first day of the first pay period that 
begins after the date the employing office receives an appropriate 
request to enroll, and that follows a pay period that the employee is 
in pay status as described in 5 CFR 890.301(b). OPM is proposing to 
allow newly eligible employees the opportunity to have their FEHB 
coverage effective at the beginning of the pay period the employee 
becomes eligible, provided they are in pay status; have an initial 
opportunity to enroll in FEHB coverage; and have submitted, with their 
employing office having received, an appropriate request to enroll in 
FEHB coverage during that first

[[Page 6437]]

pay period of eligibility. An appropriate request is defined in 5 CFR 
890.101(a) as a properly completed health benefits election form, such 
as Standard Form 2809, or an alternative method acceptable to both the 
employing office and OPM.
    In 5 CFR 890.101, a pay period is defined as ``the biweekly pay 
period established pursuant to section 5504 of title 5, United States 
Code, for the employees to whom that section applies and the regular 
pay period for employees not covered by that section.'' Across most 
Federal agencies, the general standard is for two-week pay periods to 
begin on Sunday and run until Saturday of the following week. 
Recognizing there may be some variance in agency approaches and seeking 
to ensure an equitable application of the rule to employees, OPM seeks 
comments on current business processes to effectuate and document an 
employee's entry on duty. For example, what is the process if a new 
employee arrives for orientation on Monday, August 28, 2023, and the 
start of the pay period is Sunday, August 27, 2023?
    Changes proposed in this rulemaking, if finalized, would be 
required to be applied by the employing office to all employees with an 
initial opportunity to enroll, not solely to new employees or only on 
an individual, case-by-case basis. For example, if an employing office 
receives appropriate requests to enroll from two employees with an 
initial opportunity to enroll within the pay period these employees 
become eligible, the employing office may not allow one of the eligible 
employees' coverage retroactive to the start of the pay period when 
they become eligible and force the other eligible employee to wait 
until the first day of the next pay period. All employing offices are 
required to implement the proposed changes to achieve an equitable 
result for all eligible employees. OPM seeks comment on this approach 
to avoid circumstances where employees of one agency could be offered 
the earliest possible effective date of coverage based on the agency's 
capabilities but an employee at another agency is not offered the same 
effective date of coverage because that agency's systems and processes 
are not updated accordingly. OPM also invites comments on any 
administrative or operational differences in applying the proposed 
changes to new employees and other employees with an initial 
opportunity to enroll (i.e., employee who experiences a qualifying life 
event).
    OPM estimates approximately 230,000 employees with an initial 
opportunity to enroll submit appropriate requests and are newly 
enrolled in FEHB each year. The most common example of an employee with 
an initial opportunity to enroll is in the case of new employees. 
Another example of an employee with an initial opportunity to enroll 
would be in the case of an employee excluded from coverage, as 
described in 5 CFR 890.102(c), who moves from a position that was 
excluded from coverage to a position that conveys coverage. Using the 
example of a new employee, under the current regulatory structure, the 
new employee who submits an FEHB enrollment request on their start 
date, or sometime during the first pay period the new employee is in 
pay status, must wait until the first day of the following pay period 
for FEHB coverage to become effective. A gap in coverage may result if 
the new employee has not extended previous group coverage under any 
applicable rules permitting such extension or does not have individual 
coverage. Gaps in coverage may further result in costly medical 
expenditures that must be borne by the individual. OPM takes its agency 
responsibilities under recent Executive Order 14070 \1\ earnestly and, 
in furtherance of the E.O. goals, has identified modification of the 
effective date of FEHB as an action that expands access to quality 
coverage. The changes proposed in this rulemaking can work to ensure 
more timely access to health insurance which may in turn assist in 
reducing financial burdens for care received while uninsured and 
removing barriers to consistent care for services such as mental health 
services, vaccines, and contraceptives. OPM believes that permitting 
health insurance coverage to become effective at the start of 
employment could reduce the risk of new employees enduring coverage 
gaps and potentially costly medical bills associated with such gaps and 
also act as an attractive recruitment tool in building a well-
qualified, robust workforce.
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    \1\ See E.O. 14070 (available at: https://www.federalregister.gov/documents/2022/04/08/2022-07716/continuing-to-strengthen-americans-access-to-affordable-quality-health-coverage).
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    This proposed rule would align the FEHB Program with the practices 
of some nonfederal employers that provide first-day coverage and the 
current practices of the Federal Employees' Group Life Insurance 
(FEGLI) Program. Under FEGLI regulations at 5 CFR 870.501, FEGLI Basic 
coverage begins on the day the new employee enters on duty in pay 
status. Health insurance is an influential factor on employee 
recruitment, retention, and satisfaction, and is a benefit offering 
critical coverage, in sometimes life or death circumstances; therefore, 
OPM prioritizes the FEHB Program for proposed effective date changes. 
This proposed rule would not impact the effective date of coverage for 
Federal Employees Dental and Vision Insurance Program (FEDVIP) under 5 
CFR 894.504 or Federal Long Term Care Insurance Program (FLTCIP) under 
5 CFR 875.404. OPM invites comment on whether similar modifications to 
the effective date of the FEDVIP would be beneficial.
    Under this proposed rule, FEHB coverage could become effective at 
the beginning of the initial pay period in which the employee with an 
initial opportunity to enroll meets the criteria of becoming eligible 
for FEHB coverage, being in pay status, and providing an appropriate 
request to enroll that is received by the employing office within the 
initial pay period the employee becomes eligible. If the appropriate 
request to enroll is not received by the employing office within the 
initial pay period the employee becomes eligible, then the newly 
eligible employee still has the remainder of the 60 days to enroll in 
FEHB. However, the effective date then becomes the first day of the 
first pay period that begins after the date the employing office 
receives an appropriate request to enroll or change the enrollment and 
that follows a pay period during any part of which the employee is in 
pay status. The following examples illustrate the scenarios described 
in this paragraph for a new employee entering on duty and for an 
excluded employee that becomes newly eligible for coverage:
    Example 1. The pay period begins on Sunday, August 27, 2023, and 
runs until Saturday, September 9, 2023. A new employee enters on duty 
and commences pay status at an agency on Monday, August 28, 2023. The 
new employee submits an appropriate request to enroll, including family 
member eligibility documentation, and it is received by the employing 
office on Tuesday, September 5, 2023, which is within the initial pay 
period of the employee's initial opportunity to enroll. FEHB coverage 
for the new employee and their eligible family member(s) would be 
effective retroactively to Sunday, August 27, 2023.
    Example 2. The pay period begins on Sunday, August 27, 2023, and 
runs until Saturday, September 9, 2023. A new employee enters on duty 
and commences pay status at an agency on Monday, August 28, 2023. The 
new employee submits an appropriate request to enroll, including family 
member eligibility documentation, and it is received by the employing 
office on

[[Page 6438]]

Tuesday, September 12, 2023, which is not within the initial pay period 
of the employee's initial opportunity to enroll. FEHB coverage for the 
new employee and their eligible family member(s) is effective Sunday, 
September 24, 2023, which is the first day of the first pay period that 
begins after the date the employing office receives an appropriate 
request to enroll.
    Example 3: The pay period begins on Sunday, August 27, 2023, and 
runs until Saturday, September 9, 2023. An employee formerly in a 
position that was excluded from coverage moves to a position that 
conveys coverage and is a newly eligible employee in pay status on 
Monday, August 28, 2023. The newly eligible employee submits an 
appropriate request to enroll, including family member eligibility 
documentation, and it is received by the employing office on Tuesday, 
September 5, 2023, which is within the initial pay period of the newly 
eligible employee's initial opportunity to enroll. FEHB coverage for 
the newly eligible employee and their eligible family member(s) would 
be effective retroactively to Sunday, August 27, 2023.
    Example 4: The pay period begins on Sunday, August 27, 2023, and 
runs until Saturday, September 9, 2023. An employee formerly in a 
position that was excluded from coverage moves to a position that 
conveys coverage and is a newly eligible employee in pay status on 
Monday, August 28, 2023. The newly eligible employee submits an 
appropriate request to enroll, including family member eligibility 
documentation, and it is received by the employing office on Tuesday, 
September 12, 2023, which is not within the initial pay period of the 
newly eligible employee's initial opportunity to enroll. FEHB coverage 
for the newly eligible employee and their eligible family member(s) is 
effective Sunday, September 24, 2023, which is the first day of the 
first pay period that begins after the date the employing office 
receives an appropriate request to enroll.
    OPM seeks comment on effectuating the proposed changes, including 
whether it is preferable to begin coverage effective retroactively to 
the start of the pay period in which the employee becomes eligible or 
to begin coverage effective retroactively to the date of entry on duty 
in pay status or other initial opportunity to enroll.
    Employing offices would be required to implement the new 
requirements when this rulemaking is finalized and have their 
enrollment and payroll systems accommodate coverage effective 
retroactive to the start of the initial pay period in which the 
employee becomes eligible and is in pay status, and the appropriate 
request to enroll is received by the employing office. While some 
employing offices have the current system capability to implement this 
change immediately upon finalization of this rulemaking, others may 
not. As a result, OPM is allowing additional time for compliance by 
proposing that all employing offices implement the changes outlined in 
this rulemaking no later than 18 months after the publication date of 
the final rule. Those employing offices that can implement sooner are 
encouraged to do so.

Proposed Changes by Section

    OPM proposes to amend the FEHB regulations at 5 CFR 890.301 to 
permit FEHB coverage to become effective at the beginning of the 
initial pay period that the employee with an initial opportunity to 
enroll becomes eligible for FEHB coverage and is in pay status, 
provided an appropriate request to enroll is received by the employing 
office within the initial pay period the employee becomes eligible. 
This proposed rule would redesignate 5 CFR 890.301(b) as paragraph 
(b)(1) to allow the addition of a new paragraph (b)(2) that outlines 
the changes discussed in the previous section. Specifically, paragraph 
(b)(2) pertains to employees with an initial opportunity to enroll, 
allowing for FEHB coverage to be effective the same pay period the 
employee becomes eligible.
    Under existing regulations at 5 CFR 890.301(a), an employee with an 
initial opportunity to enroll may elect to enroll or not to enroll 
within 60 days after becoming eligible. This rulemaking does not change 
the eligibility period, and instead proposes that FEHB coverage for 
employees with an initial opportunity to enroll will be effective 
retroactively to the start of the initial pay period the employee first 
becomes eligible and is in pay status if the employee submits, and the 
employing office receives, the appropriate request to enroll within the 
initial pay period the employee becomes eligible. If the employee does 
not submit and the employing office does not receive an appropriate 
request to enroll within the initial pay period the employee first 
becomes eligible, then coverage will be effective on the first day of 
the first pay period that begins after the date the employing office 
receives an appropriate request to enroll or change the enrollment and 
that follows a pay period that the employee is in pay status. OPM 
guidance \2\ directs employing offices to request proof of family 
member eligibility during the initial opportunity to enroll.
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    \2\ U.S. Office of Personnel Management, Benefits Administration 
Letter (BAL) 21-202, Family Member Eligibility Verification for 
Federal Employees Health Benefits (FEHB) Program Coverage (available 
at https://www.opm.gov/retirement-center/publications-forms/benefits-administration-letters/2021/21-202.pdf).
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    In addition to other aspects of this proposed rule, OPM is 
requesting information on leading practices from other employers on 
when health insurance coverage begins. OPM recognizes that employees, 
during their initial opportunity to enroll, may experience an immediate 
need for coverage. Additionally, as employees, during their initial 
opportunity to enroll, weigh and evaluate different plans and coverage 
options, employees may not be able to make a decision during their 
first pay period, and may utilize the full enrollment period. OPM 
specifically invites comments on the effective date of coverage and if 
that effective date should be tied to when, during the enrollment 
period, the election form is submitted and received (i.e., retroactive 
to the start of the pay period or prospective to the start of the next 
pay period). If based on responses, OPM determines that it would be 
advisable to adopt a different approach than that proposed here, OPM 
anticipates that it would likely issue a revised proposal for comment 
on specific aspects of implementing the alternate approach.

Expected Impact of Proposed Changes

    OPM held stakeholder meetings with agencies and non-governmental 
entities including Tribal Benefits Officers and FEHB Carriers to 
solicit feedback on the implications and operational aspects of 
proposed changes in this rulemaking. While some stakeholders welcomed 
the proposed changes, others raised operational concerns and the 
potential cost burdens due to implementation. One potential impact of 
this rulemaking is the cost employing offices may incur to update 
enrollment and payroll systems to accommodate the changes. The 
estimated level of effort for OPM to implement the regulation changes 
would be about 40 hours of focused work for two GS 15 director level 
and two GS 14 supervisor level Federal employees to perform system 
tests and update business processes at an estimated cost of 
approximately $22,085 in employee resources.\3\ OPM

[[Page 6439]]

considered several deadlines as an alternative to the 18-month 
compliance timeline but settled on the current timeline based on 
stakeholder feedback received during the rule drafting process. That 
feedback revealed that agencies use a variety of systems and processes 
that cannot easily be updated on the same timeline. Therefore, OPM is 
proposing to ease this burden by delaying the effective date of 
compliance to 18 months after the final rule is effective. To 
supplement our analysis and inform our final decision on the compliance 
date, OPM is seeking comments on the feasibility of implementing 
changes to the effective date of FEHB coverage, including human 
resource and payroll system capability to process FEHB coverage with an 
effective date as of when the employee becomes eligible (i.e., the day 
of entry on duty or a change in employment status that results in an 
employee being newly eligible for FEHB coverage) and the level of 
effort, estimated cost, and anticipated timeline needed to implement 
the changes in this rulemaking. OPM also invites comments on the 
ability of systems to prorate premiums for coverage with an effective 
date other than the start of a pay period.
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    \3\ The cost of employee resources is calculated using the 2023 
GS scale for the Locality Pay Area of Washington-Baltimore-
Arlington, DC-MD-VA-WV-PA for GS 15, step 1 ($74.60 per hour) and GS 
14, step 1 ($63.43 per hour), adjusting each upward by 100% to 
account for overhead and benefits: $74.60 x 2 x 40 x 2 = $11,936 and 
63.43 x 2 x 40 x 2 = $10,149, for a total of $22,085 in employee 
costs.
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    While we acknowledge the concerns raised, OPM believes the value of 
offering FEHB coverage as soon as employees are eligible exceeds the 
burden of implementing the proposed changes. An expected benefit of 
this proposed rule is that affected employees will gain access to 
health insurance plans in a more expedient manner and, therefore, 
potentially lowering the possibility of uninsured employees personally 
incurring high-cost medical bills for care received during a gap in 
health insurance coverage. Federal employees, especially those in 
positions to be first responders, medical professionals, and 
representatives on foreign soil, serve a critical need when serving in 
their position and may be at an increased risk of injury and illness. 
Having health insurance as soon as they are eligible offers comfort and 
security. OPM has received stakeholder feedback that the proposed 
changes have been requested by some new hires and may also have a 
positive effect in recruiting persons with disabilities to the Federal 
workforce OPM seeks comments on the implications, positive or negative, 
on employee recruitment and retention as well as any effects on 
administrative processing.
    Because it is specific to the FEHB Program and a subset of Federal 
employees and their eligible family members, OPM does not believe this 
rulemaking will have a large impact on the broader health insurance 
markets. For many carriers, FEHB generally constitutes a small 
percentage of business of the overall health insurance carrier's book 
of business. For the 2024 plan year, the FEHB Program has 67 
participating carriers offering a total of 156 plan choices. OPM 
illustrates the potential impact of the rule under the assumption of 
100% participation of the newly eligible employee population and a 
uniform plan selection for the additional two weeks of coverage that 
would become available to newly eligible employees as a result of the 
proposed rule. Total premiums for 2024 are estimated to be $64.5 
billion which, across all enrollment types (Self, Self Plus One, Self 
and Family), equates to $15,851 per subscriber. Assuming bi-weekly pay 
periods, the added premium cost would be $610 per employee with an 
initial opportunity to enroll for an estimated total cost of $140.2 
million per year for the approximately 230,000 newly eligible employees 
affected by this rulemaking. However, participation may be 
substantially lower than 100%, for example because individuals may have 
existing health insurance coverage covering the relevant time period, 
or newly eligible individuals may choose plans with different average 
premiums. OPM lacks data to precisely estimate impacts along these 
lines. However, OPM believes this will be highly utilized, and assumes 
that the rule will result in effects equivalent to 80% of these 
potential effects. This implies effects along these lines of 
approximately $112.2 million per year. OPM seeks public comment on 
methods or data to inform these estimates.

Regulatory Review

    Executive Orders 13563, 12866, and 14094 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, distributive impacts, and equity). A 
regulatory impact analysis must be prepared for major rules with 
effects of $200 million or more in any one year. This rulemaking does 
not reach that threshold but has otherwise been designated as a 
``significant regulatory action'' under section 3(f) of Executive Order 
12866, as supplemented by Executive Orders 13563 and 14094.

Regulatory Flexibility Act

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

Federalism

    OPM examined this rulemaking 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 rulemaking 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 Office 
of Management and Budget (OMB) Control Number.
    This proposed rule involves, but does not make any changes to, an 
OMB approved collection of information subject to the PRA for the FEHB 
Program, OMB No. 3206-0160, Health Benefits Election Form. The public 
reporting burden for this collection is estimated to average 30 minutes 
per response, including time for reviewing instructions, searching 
existing data sources, gathering and maintaining the data needed, and 
completing and reviewing the collection of information. The total 
burden hour estimate for this form is 9,000 hours. The system of 
records notice for this collection is: OPM/Central-23, ``FEHB Program 
Enrollment Records,'' available at https://www.federalregister.gov/d/2021-01259. Additional information regarding this collection--including 
all current background materials--can be found at

[[Page 6440]]

https://www.reginfo.gov/public/do/PRAMain by using the search function 
to enter either the title of the collection or the OMB Control Number.

List of Subjects in 5 CFR Part 890

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

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

    Accordingly, OPM proposes to amend 5 CFR part 890 as follows:

PART 890--FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM

0
1. The authority citation for part 890 continues to read as follows:

    Authority:  5 U.S.C. 8913; Sec. 890.102 also issued under 
sections 11202(f), 11232(e), and 11246 (b) of Pub. L. 105-33, 111 
Stat. 251; Sec. 890.111 also issued under 36 U.S.C. 5522; Sec. 
890.112 also issued under 2 U.S.C. 2051; Sec. 890.113 also issued 
under section 1110 of Pub. L. 116-92, 133 Stat. 1198 (5 U.S.C. 8702 
note); Sec. 890.301 also issued under 26 U.S.C. 9801; Sec. 
890.302(b) also issued under 42 U.S.C. 300gg-14; Sec. 890.803 also 
issued under 50 U.S.C. 3516 (formerly 50 U.S.C. 403p) and 22 U.S.C. 
4069c and 4069c-1; subpart L also issued under section 599C of Pub. 
L. 101-513, 104 Stat. 2064 (5 U.S.C. 5561 note); subpart M also 
issued under 10 U.S.C. 1108 and 25 U.S.C. 1647b; and subpart P 
issued under 5 U.S.C. 8903c.

Subpart C--Enrollment

0
2. Amend Sec.  890.301 by:
0
a. Removing the paragraph heading ``Effective date--generally'' in 
paragraph (b) and adding in its place ``Effective dates'';
0
b. Redesignating paragraph (b) introductory text as paragraph (b)(1); 
and
0
c. Adding paragraph (b)(2).
    The addition reads as follows:


Sec.  890.301  Opportunities for employees to enroll or change 
enrollment; effective dates.

* * * * *
    (b) * * *
    (1) * * *
    (2) Enrollment for an employee will take effect at the beginning of 
the initial pay period in which the following criteria are met:
    (i) The employee is newly eligible and has an initial opportunity 
to enroll;
    (ii) The employee is in pay status; and
    (iii) The employee submitted to the employing office, and the 
employing office received, the appropriate request, as defined in Sec.  
890.101, to enroll within the initial pay period of the initial 
opportunity to enroll.
* * * * *
[FR Doc. 2024-01940 Filed 1-31-24; 8:45 am]
BILLING CODE 6325-63-P