United States Office of Personnel Management

The Federal Government’s Human Resources Agency

Benefits Administration Letter

Number: 23-202 Date: July 28, 2023

Subject: Extension of FEDVIP Eligibility to Certain 

Employees on Temporary Appointments and Certain 

Employees on Seasonal and Intermittent 

Schedules; Enrollment Clarifications and Exceptions 

to Change Enrollment

Background

The Office of Personnel Management (OPM) has issued a final rule 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 final 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 (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 or vision services from the Department of 

Veterans Affairs (VA). Lastly, the rule also includes technical corrections and 

clarifications to the part.

The final regulation is available here: Federal Register: 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
Benefits Administration Letter 23-201

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Extension of FEDVIP and Determination of Eligibility

Temporary, Seasonal, or Intermittent Employees

Under this final regulation, Federal and Postal employees on temporary 

appointments, seasonal schedules who will be working a schedule of less 

than six months per year, and intermittent Federal and Postal employees 

who are expected to work 130 hours per month or more for at least 90 days 

will be eligible to voluntarily enroll in a FEDVIP plan. 

Employing agencies will be responsible for identifying newly eligible 

employees, as they are now. Employing agencies will work with their HR and 

payroll providers to correctly identify newly eligible temporary, seasonal, and 

intermittent employees. 

Employing agencies must make a prospective determination at the time of 

hire, or at the time the rule becomes effective, about whether a temporary, 

seasonal, or intermittent employee is likely to meet the criteria to be 

included in the eligibility modification. Upon determining eligibility, 

employing agencies must promptly inform employees about their 

opportunity to enroll in FEDVIP. 

If the employing agency determines that the individual is eligible, but after 

the eligibility decision is made the employee actually works fewer hours, 

coverage cannot be rescinded based on actual hours worked.

A full-time employee on a temporary appointment, seasonal schedule, and 

intermittent employee who is expected to work for fewer than 90 days 

should not be determined to be eligible. However, if the expectation 

changes, the employee should be notified by the employing office and given 

an opportunity to enroll promptly, but no later than the 91st day of 

employment, and FEDVIP coverage would be prospective.

Firefighters and Emergency Response Personnel

Additionally, certain firefighters hired under a temporary appointment and 

certain intermittent emergency response personnel are also eligible for 

FEDVIP. These personnel do not have to meet the same expectation to work 
Benefits Administration Letter 23-201

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130 hours per month or more for at least 90 days to be eligible. The 

regulation at 5 CFR 894.301 cross-references FEHB regulations to assist 

agencies in determining eligibility for firefighters and emergency response 

personnel. 

An employee who is in a position identified by OPM that provides emergency 

response services for wildland fire protection pursuant to 5 CFR 890.102(h)

is eligible to be enrolled in FEDVIP. Under 5 CFR 890.102(h), these 

employees include those in any position (including supervisory positions) 

where the duties include high risk or life-threatening work to control and 

extinguish wildland fires, to rescue persons endangered by fire, or to reduce 

or eliminate potential fire hazards, or involving the provision of direct on-site 

assistance to others engaged in such work. 

In addition, an employee whose employing agency has requested that OPM

grant eligibility to employees for performing similar types of 

emergency response services pursuant to 5 CFR 890.102(i), and for whom 

OPM has granted eligibility, is eligible for FEDVIP, and OPM may limit the 

coverage of intermittent employees in a FEDVIP plan to the periods of time 

during which they are in a pay status. In determining whether to extend 

FEDVIP for such employees, agencies should focus on the duties performed, 

regardless of the position’s title, occupational series, grade level or 

geographic location.1

Enrollment for Newly Eligible Individuals

Enrollments for newly eligible individuals will be accepted during a 60-day 

period after the employing office notifies employees of their eligibility to 

enroll in a FEDVIP plan. Eligible individuals must use BENEFEDS, the 

enrollment system to enroll in FEDVIP.

1 See BAL 12-203
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Enrollment Clarifications for Active Duty Service Members 

Who Experience a Status Change to Uniformed Service 

Retirees

The rule updates the provisions on enrollment for active duty service 

members who become eligible for FEDVIP as uniformed service retirees 

pursuant to the FY17 NDAA. Active duty service members who experience a 

status change to a uniformed services retiree may enroll in FEDVIP 

beginning 31 days before the service member loses other dental or vision 

coverage to 60 days after becoming eligible to enroll. Under 5 CFR 

894.504(d), the effective date for these individuals enrolling outside of open 

season would be no earlier than the date the active duty service member 

lost other coverage.

Change to Current Qualifying Life Event (QLE) 

The final rule substitutes the word “enrollee” in 894.511(b) instead of

“employee, annuitant or compensationer” to clarify that other enrollees,

including TRICARE-eligible individuals (TEIs), including sponsors,2 and Postal 

employees are allowed to decrease an enrollment type if a family member 

who is enrolled becomes deployed to active military duty. Currently, this QLE 

only applies to Federal employees, annuitants or compensationers. 

Exceptions to Decrease Enrollment Type and Cancel an 

Enrollment

Since the extension of FEDVIP eligibility to TEIs3 in the 2019 plan year, OPM 

has become aware of the need for additional exceptions to cancel an 

enrollment for TEIs and other enrollees who become eligible for dental or 

vision benefits through the Department of Veterans Affairs (VA), and to 

2 Under 5 CFR 894.101, a sponsor generally means the individual who is eligible for medical 

or dental benefits under 10 U.S.C. chapter 55 based on their direct affiliation with the 

uniformed services (including military members of the National Guard and Reserves).

3 TEI means a TRICARE-eligible individual for FEDVIP dental benefits (TEI–D) or a TRICAREeligible individual for FEDVIP vision benefits (TEI–V) pursuant to FY17 NDAA. See 83 FR 

58175 for details about eligibility categories.
Benefits Administration Letter 23-201

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decrease enrollment for enrollees who may have an eligible family member 

who becomes eligible for VA dental or vision benefits. This final rule amends 

certain provisions in 5 CFR part 894 to add exceptions for certain enrollees 

to decrease an enrollment type or cancel coverage. 

The rule adds an exception at new paragraph (a)(3) of 5 CFR 894.510 for an

enrollee, as specified in § 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.

The enrollee must submit the request for the decrease in enrollment within 

60 days after notification of eligibility for VA dental or vision benefits. This 

request can only be made by enrollees who do not pay premiums on a pretax basis. 

In revised 5 CFR 894.602, an enrollee under 5 CFR 894.403(b), may cancel 

their FEDVIP enrollment if the enrollee is determined to be eligible for dental 

or vision benefits through the VA. For enrollees requesting to cancel 

coverage under 894.602(c), the enrollee must submit the request within 60 

days after notification of eligibility for VA dental or vision benefits.

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 § 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. 

New paragraph (i) of 5 CFR 894.601 addresses when FEDVIP coverage stops 

if an enrollee, including a sponsor, is eligible to cancel an enrollment outside 

of open season and elects to do so. If an enrollee, including a sponsor, 

cancels an enrollment pursuant to 894.602(c), the cancellation will become 

effective at the end of the pay period that the enrollee submitted the 

request. 
Benefits Administration Letter 23-201

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If you have any questions regarding this letter, please contact Julia Elam, 

Supervisory Analyst, at Julia.Elam@opm.gov. 

Sincerely,

Laurie Bodenheimer

Associate Director 

Healthcare and Insurance