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[106th Congress Public Law 394]
[From the U.S. Government Printing Office]

<DOC>
[DOCID: f:publ394.106]

[[Page 114 STAT. 1629]]

Public Law 106-394
106th Congress

                                 An Act

 
   To amend chapter 89 of title 5, United States Code, concerning the 
Federal Employees Health Benefits (FEHB) Program, to enable the Federal 
Government to <<NOTE: Oct. 30, 2000 -  [H.R. 2842]>>  enroll an employee 
and his or her family in the FEHB Program when a State court orders the 
    employee to provide health insurance coverage for a child of the 
 employee but the employee fails to provide the coverage, and for other 
                                purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in <<NOTE: Federal Employees Health Benefits 
Children's Equity Act of 2000.>> Congress assembled,

SECTION 1. <<NOTE: 5 USC 8901 note.>> SHORT TITLE.

    This Act may be cited as the ``Federal Employees Health Benefits 
Children's Equity Act of 2000''.

SEC. 2. HEALTH INSURANCE COVERAGE FOR CHILDREN.

    Section 8905 of title 5, United States Code, is amended by adding at 
the end the following:
    ``(h)(1) An unenrolled employee who is required by a court or 
administrative order to provide health insurance coverage for a child 
who meets the requirements of section 8901(5) may enroll for self and 
family coverage in a health benefits plan under this chapter. If such 
employee fails to enroll for self and family coverage in a health 
benefits plan that provides full benefits and services in the location 
in which the child resides, and the employee does not provide 
documentation showing that such coverage has been provided through other 
health insurance, the employing agency shall enroll the employee in a 
self and family enrollment in the option which provides the lower level 
of coverage under the Service Benefit Plan.
    ``(2) An employee who is enrolled as an individual in a health 
benefits plan under this chapter and who is required by a court or 
administrative order to provide health insurance coverage for a child 
who meets the requirements of section 8901(5) may change to a self and 
family enrollment in the same or another health benefits plan under this 
chapter. If such employee fails to change to a self and family 
enrollment and the employee does not provide documentation showing that 
such coverage has been provided through other health insurance, the 
employing agency shall change the enrollment of the employee to a self 
and family enrollment in the plan in which the employee is enrolled if 
that plan provides full benefits and services in the location where the 
child resides. If the plan in which the employee is enrolled does not 
provide full benefits and services in the location in which the child 
resides, or, if the employee fails to change to a self and family 
enrollment in a plan that provides full benefits and services in the 
location where the child resides, the employing agency shall change the

[[Page 114 STAT. 1630]]

coverage of the employee to a self and family enrollment in the option 
which provides the lower level of coverage under the Service Benefits 
Plan.
    ``(3) The employee may not discontinue the self and family 
enrollment in a plan that provides full benefits and services in the 
location in which the child resides for so long as the court or 
administrative order remains in effect and the child continues to meet 
the requirements of section 8901(5), unless the employee provides 
documentation showing that such coverage has been provided through other 
health insurance.''.

SEC. 3. ANNUITY SUPPLEMENT.

    (a) In General.--Section 8421a(b) of title 5, United States Code, is 
amended by adding at the end the following:
            ``(5) Notwithstanding paragraphs (1) through (4), the 
        reduction required by subsection (a) shall be effective with 
        respect to the annuity supplement payable for each month in the 
        12-month period beginning on the first day of the seventh month 
        after the end of the calendar year in which the excess earnings 
        were earned.''.

    (b) Effective Date.--The <<NOTE: Applicability. 5 USC 8421a 
note.>> amendment made by subsection (a) shall apply with respect to 
reductions required to be made in calendar years beginning after the 
date of the enactment of this Act.

    Approved October 30, 2000.

LEGISLATIVE HISTORY--H.R. 2842 (S. 1688):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 106-779 (Comm. on Government Reform).
SENATE REPORTS: No. 106-492 accompanying S. 1688 (Comm. on Governmental 
Affairs).
CONGRESSIONAL RECORD, Vol. 146 (2000):
            Sept. 19, considered and passed House.
            Oct. 13, considered and passed Senate.

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