PUBLIC LAW 106–394—OCT. 30, 2000 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 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 Congress assembled,

SECTION 1. 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

5 USC 8901 note.

Federal

Employees

Health Benefits

Children’s Equity

Act of 2000.

Oct. 30, 2000

[H.R. 2842]

114 STAT. 1630 PUBLIC LAW 106–394—OCT. 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.

Æ

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 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.

Applicability.

5 USC 8421a

note.