[Federal Register Volume 63, Number 3 (Tuesday, January 6, 1998)]
[Proposed Rules]
[Page 446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-102]


      
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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. 63, No. 3 / Tuesday, January 6, 1998 / 
Proposed Rules

[[Page 446]]


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OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 890

RIN 3206-AI05


Federal Employees Health Benefits Program: Removal of Minimum 
Salary Requirement

AGENCY: Office of Personnel Management.

ACTION: Proposed rule.

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SUMMARY: The Office of Personnel Management (OPM) is issuing a proposed 
rule. This rule removes an obsolete provision that prohibits an 
employee whose annual salary is $350 or less from enrolling in the 
Federal Employees Health Benefits (FEHB) Program.

DATES: Comments must be received on or before February 5, 1998.

ADDRESSES: Send comments to Abby L. Block, Chief, Insurance Policy and 
Information Division, Office of Insurance Programs, Retirement and 
Insurance Service, Office of Personnel Management, P.O. Box 707, 
Washington, DC 20044; or deliver to OPM, Room 3425, 1900 E Street, NW, 
Washington, DC 20415; or FAX to 202-606-0633.

FOR FURTHER INFORMATION CONTACT: Kenneth A. Lease, 202-606-0004.

SUPPLEMENTARY INFORMATION: Since the FEHB Program began in 1960, FEHB 
regulations have prohibited an employee earning $350 or less per year 
from enrolling in the Program. This provision was based on the fact 
that employee contributions to premiums could only be made by salary 
withholding while an employee was in a pay status. ($350 is the amount 
which in 1960 was sufficient to cover the appropriate employee 
contributions for the least costly FEHB plan.) As amended in August 
1982, however, the regulations now require enrollee contributions, by 
direct payment if necessary, for all periods during which coverage 
continues, even periods during which an employee does not receive pay 
(such as a leave without pay situation). Since the previous rationale 
for the minimum earnings level for FEHB enrollment no longer exists, 
OPM is proposing to remove this obsolete requirement.
    We also propose to amend the reference in the definition of letter 
of credit under Sec. 890.101 to conform to a recent reference change in 
Chapter 16 of title 48, Code of Federal Regulations (FEHBAR).

Regulatory Flexibility Act

    I certify that this regulation will not have a significant economic 
impact on a substantial number of small entities because it primarily 
affects Federal employees.

List of Subjects in 5 CFR Part 890

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

U.S. Office of Personnel Management.
Janice R. Lachance,
Director.
    Accordingly, OPM proposes to amend 5 CFR part 890 as follows:

PART 890--FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM

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

    Authority: 5 U.S.C. 8913; Sec. 890.803 also issued under 50 
U.S.C. 403p, 22 U.S.C. 4069c and 4069c-1; subpart L also issued 
under sec. 599C of Pub. L. 101-513, 104 Stat. 2064, as amended, 
Sec. 890.102 also issued under sections 11202(f), 11232(e), and 
11246(b) and (c) of Pub. L. 105-33, 111 Stat. 251.

    2. In Sec. 890.101, paragraph (a), the definition of Letter of 
Credit is revised to read as follows:


Sec. 890.101  Definitions; time computations.

    (a) * * *
    Letter of credit is defined in 48 CFR subpart 1602.1.
* * * * *


Sec. 890.102  [Amended]

    3. In Sec. 890.102, paragraph (c)(4) is removed and paragraphs 
(c)(5), (c)(6), (c)(7), and (c)(8) are redesignated as paragraphs 
(c)(4), (c)(5), (c)(6), and (c)(7) respectively.
    4. In Sec. 890.303, paragraph (b) is revised to read as follows:


Sec. 890.303  Continuation of enrollment.

* * * * *
    (b) Change of enrolled employees to certain excluded positions. 
Employees and annuitants enrolled under this part who move, without a 
break in service or after a separation of 3 days or less, to an 
employment in which they are excluded by Sec. 890.102(c), continue to 
be enrolled unless excluded by paragraphs (c) (4), (5), (6), or (7) of 
Sec. 890.102.
* * * * *
[FR Doc. 98-102 Filed 1-5-98; 8:45 am]
BILLING CODE 6325-01-P