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.

Proposed Rules Federal Register

33653 

Vol. 87, No. 107 

Friday, June 3, 2022 

1U.S. Department of the Treasury, ‘‘Long-Term 

Care Insurance: Recommendations for Improvement 

of Regulation.’’ Report of the Federal Interagency 

Task Force on Long-Term Care Insurance, August 

2020, https://home.treasury.gov/system/files/136/ 

Report-Federal-Interagency-Task-Force-Long-TermCare-Insurance.pdf. 

OFFICE OF PERSONNEL 

MANAGEMENT 

5 CFR Part 875 

RIN 3206–AO21 

Enhancing Stability and Flexibility for 

the Federal Long Term Care Insurance 

Program (FLTCIP)—Abbreviated 

Underwriting, Applications for FLTCIP 

Coverage, and Technical Corrections 

AGENCY: Office of Personnel 

Management. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Office of Personnel 

Management (OPM) is proposing 

amendments to support FLTCIP 

program stability and flexibility by 

amending when abbreviated 

underwriting will be offered to 

prospective enrollees and proposing 

rules for the suspension of applications 

for coverage and the requirements 

around any such suspension periods. 

OPM is also proposing technical 

corrections for the sake of clarity and to 

remove redundancies. Finally, with the 

publication of this rule, OPM is also 

providing notice of an anticipated 

suspension period. 

DATES: OPM must receive comments on 

or before July 5, 2022. 

ADDRESSES: You may submit comments, 

identified by docket number and/or 

Regulatory Information Number (RIN) 

and title, by the following method: 

D Federal Rulemaking Portal: http://

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 http://

www.regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: Julia 

Elam, Supervisory Analyst, julia.elam@

opm.gov, (202) 606–1560. 

SUPPLEMENTARY INFORMATION: 

Background 

The Federal Long Term Care 

Insurance Program (FLTCIP) was 

created as a result of the enactment of 

the Long Term Care Security Act of 

2000, Public Law 106–265 (‘‘the FLTCIP 

statute’’). This Act required OPM to 

make long term care (LTC) benefits 

available to Federal employees, 

annuitants, active and retired members 

of the uniformed services, and the 

qualified relatives of these individuals. 

As of September 2021, FLTCIP has 

approximately 267,000 enrollees. 

FLTCIP is administered by OPM in 

accordance with 5 U.S.C. chapter 90 and 

implementing regulations (5 CFR part 

875). FLTCIP is an enrollee-pay-all 

program; there is no Government 

contribution toward premiums. 

Pursuant to 5 U.S.C. 9008, OPM has 

authority to administer the FLTCIP and 

is proposing changes, including to the 

use of abbreviated underwriting and 

suspension of applications for coverage, 

as a part of our administrative functions. 

More information on the program can be 

found at LTCFEDS.com. 

Discussion of the Changes 

Changes to the Use of Abbreviated 

Underwriting 

Underwriting is the process of 

reviewing medical and health-related 

information furnished in an insurance 

application process to determine if an 

applicant presents what an insurance 

carrier considers an acceptable level of 

risk. Under current regulations at 5 CFR 

875.101 full underwriting is the more 

comprehensive type of underwriting 

under FLTCIP which requires an 

applicant to answer many questions 

about their health status to enable the 

Carrier to determine whether the 

application will be approved. It may 

also include a review of the applicant’s 

medical records, a phone interview, or 

an in-home interview. Under the 

regulations, abbreviated underwriting in 

FLTCIP asks fewer questions about an 

applicant’s health status than with full 

underwriting to enable the Carrier to 

determine whether the application for 

coverage will be approved. It may also 

include a review of the applicant’s 

medical records, a phone interview, or 

an in-home interview. 

While eligible individuals may apply 

for FLTCIP coverage at any time with 

full underwriting, current rules also 

provide a 60-day abbreviated 

underwriting period to newly eligible 

active workforce members and their 

spouses. An individual becomes newly 

eligible as an active workforce member 

when they enter a position that conveys 

eligibility, enter a position that conveys 

eligibility from a position that did not 

convey eligibility, or return to active 

service after a break in service of at least 

180 days to a position that conveys 

eligibility. However, experience has 

shown that the 60-day abbreviated 

underwriting period for newly eligible 

active workforce members and spouses 

is not well-suited to FLTCIP. FLTCIP 

enrollment is much more common later 

in one’s career than when someone is 

newly hired. According to a Treasury 

Report of the Federal Interagency Task 

Force on Long-Term Care Insurance, 

people typically purchase long term 

care insurance (LTCI) in their 50s or 

60s, and then hold the insurance while 

paying premiums for a lengthy period.1

Since the inception of FLTCIP, only 

approximately 8% of FLTCIP applicants 

have applied during the 60-day 

abbreviated underwriting period. The 

remaining 92% of FLTCIP applicants 

have applied during an open season or 

with full underwriting. 

The proposed changes would 

eliminate the 60-day abbreviated 

underwriting period, but not remove 

abbreviated underwriting entirely from 

the FLTCIP application process. Instead, 

OPM would continue to announce in 

the Federal Register any period during 

which active workforce members and 

spouses may apply with abbreviated 

underwriting, as OPM has done with 

open seasons in the past. To use more 

accurate terminology that reflects the 

underwritten nature of the benefit, and 

to reduce confusion between a FLTCIP 

abbreviated underwriting opportunity 

and the annual Federal Benefits Open 

Season, OPM is proposing to change the 

name of any such period to a ‘‘special 

application period’’ rather than an 


khammond on DSKJM1Z7X2PROD with PROPOSALS
33654 Federal Register / Vol. 87, No. 107 / Friday, June 3, 2022 / Proposed Rules 

‘‘open season.’’ Each future special 

application period may offer its own 

underwriting rules. Individual agencies 

will provide notice to their Federal 

employees of any special application 

period. 

Suspension of Applications for FLTCIP 

Coverage 

Current rules permit eligible 

individuals to apply for FLTCIP 

coverage at any time with full 

underwriting. As a result, the FLTCIP is 

continuously open to new enrollment. 

However, it may be appropriate from 

time to time for OPM to suspend 

applications for FLTCIP coverage. For 

example, it may be appropriate to 

suspend applications to allow a period 

of time for revisions to underwriting 

processes or for premium repricing after 

a review of actuarial assumptions, in 

order to ensure that premium rates 

reasonably and equitably reflect the cost 

of the benefits provided as required by 

the statute, and to ensure that OPM can 

provide eligible individuals with the 

information needed to enable them to 

fully evaluate the advantages and 

disadvantages of obtaining LTCI under 

FLTCIP. The proposed changes create a 

process for suspending applications and 

communicating the start and end of 

such a suspension period. 

Technical Corrections 

The current rules have some language 

that may be considered duplicative or 

would benefit from greater clarity. The 

proposed changes make such technical 

corrections, which do not make any 

substantive changes to the FLTCIP rules. 

Proposed Changes by Section 

OPM proposes to make technical 

corrections to several sections. In 5 CFR 

875.101, OPM makes such corrections to 

the definitions of ‘‘Carrier’’ and 

‘‘Eligible individual.’’ Additional 

technical corrections are proposed to 5 

CFR 875.102, 875.203, 875.204, 875.213, 

and 875.404. 

In 5 CFR 875.101, OPM proposes to 

amend the definition of ‘‘Free look’’ to 

clarify that the 30-day period is only 

‘‘after you are approved for coverage 

and receive the Benefit Booklet,’’ and 

not just any time after receiving the 

Benefit Booklet. The free look applies to 

any approved coverage, including 

coverage increases. OPM proposes to 

add a definition of ‘‘special application 

period’’ to identify periods of 

applications for coverage with 

abbreviated underwriting for active 

workforce members and spouses. The 

term ‘‘open season’’ was not used here 

because such periods require some form 

of underwriting for enrollment and are 

held as determined by OPM and not on 

an annual basis. Conforming 

amendments are proposed throughout 5 

CFR part 875 to use the term ‘‘special 

application period’’ instead of ‘‘open 

season.’’ 

In 5 CFR 875.107, OPM proposes to 

add holding special application periods 

and suspending applications for FLTCIP 

coverage in its list of responsibilities. 

OPM proposes the process for such a 

suspension period in a new section at 5 

CFR 875.110. Under this process, OPM 

may suspend applications for FLTCIP 

coverage, including coverage increases, 

for up to 24 months when it determines 

a suspension to be in the best interests 

of the Program. A duration of up to 24 

months may be necessary to allow for 

revisions to underwriting processes or 

for the development and review of 

pricing assumptions and rates in order 

to ensure the premium rates reasonably 

and equitably reflect the cost of the 

benefits provided, and to ensure that 

OPM can provide eligible individuals 

with the information needed to enable 

them to fully evaluate the advantages 

and disadvantages of obtaining LTCI 

under FLTCIP. OPM will issue a 

Federal Register notice announcing the 

beginning and end date of the 

suspension period, at least 30 days 

before the start of the suspension 

period. The suspension period may be 

extended with another notice in the 

Federal Register at least 30 days before 

the end of the current suspension 

period. Additional conforming 

amendments are proposed throughout 5 

CFR part 875 to note that applications 

for FLTCIP coverage are only permitted 

outside of a suspension period. 

OPM proposes to delete the language 

at 5 CFR 875.206. This section provided 

for the 60-day abbreviated underwriting 

period for new, newly eligible, or 

returning active workforce members and 

their spouses. This proposed rule 

eliminates this 60-day abbreviated 

underwriting period, thereby limiting 

abbreviated underwriting to special 

application periods, for which a 

definition and conforming amendments 

are proposed throughout 5 CFR part 

875. 

In 5 CFR 875.207, OPM previously 

addressed nonpay status during an open 

season. OPM proposes to amend this 

section to use the term ‘‘special 

application period’’ instead of ‘‘open 

season.’’ To limit program risk, OPM 

also proposes to allow only those 

individuals that return to pay status 

within 180 days after the end of a 

special application period to apply 

using the special application period’s 

rules. Anyone who returns to pay status 

after missing at least half of the special 

application period and is eligible to 

apply using the rules of the special 

application period will have at least 60 

days to do so. 

In 5 CFR 875.209, OPM proposes to 

amend paragraph (a) to require a 

qualified relative to provide identifying 

information about the workforce 

member that makes the qualified 

relative an eligible individual. This 

amendment clarifies the regulation and 

makes it consistent with the application 

required for the FLTCIP. 

In 5 CFR 875.210, OPM proposes to 

amend paragraph (b)(1) to clarify that 

the qualified relative of a workforce 

member that has been involuntarily 

separated remains eligible for coverage 

if their application has already been 

submitted even if coverage has not 

become effective. This situation only 

applies where the involuntary 

separation is not for misconduct in the 

Federal civilian service or a 

dishonorable discharge from the 

uniformed services. 

In 5 CFR 875.211, an individual that 

applies as an active workforce member, 

but whose eligibility status changes to 

annuitant, retired member of the 

uniformed services, or qualified relative, 

must reapply based on the applicable 

underwriting requirements. Under the 

proposed changes for abbreviated 

underwriting, the underwriting rules 

would be the same for all applications 

outside of special application periods. 

As such, OPM proposes to only require 

notification to the Carrier about a 

change in eligibility status after 

submitting an application for coverage 

as an active workforce member. No 

reapplication is necessary if the 

application was originally submitted 

with full underwriting. 

In 5 CFR 875.213, OPM proposes to 

delete paragraph (b). That paragraph 

contains a definition of ‘‘domestic 

partner.’’ The applicable definition of 

‘‘domestic partner’’ is contained in 5 

CFR 875.101 and applies to all of 5 CFR 

part 875. 

In 5 CFR 875.401, OPM proposes to 

remove paragraph (b). The language is 

now contained in 5 CFR 875.403. 

In 5 CFR 875.402, OPM confirms that 

there are no regularly scheduled open 

seasons. OPM proposes to amend this 

section to state that there may be special 

application periods as appropriate, that 

those special application periods will be 

announced in the Federal Register, and 

the special application periods would 

offer abbreviated underwriting to active 

workforce members and their spouses. 

OPM proposes to delete paragraph (c) 

since abbreviated underwriting would 

not be tied to new eligibility under the 

proposed changes to 5 CFR 875.206. 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 87, No. 107 / Friday, June 3, 2022 / Proposed Rules 33655 

2See footnote 1. 

3See footnote 1. 

In 5 CFR 875.403, OPM addresses the 

timing for applications for FLTCIP 

coverage. OPM proposes to amend this 

section to confirm that applications for 

coverage, including coverage increases, 

are permitted outside of a suspension 

period. Applications outside of a special 

application period would be subject to 

full underwriting. The language from 

the removed paragraph (b) of 5 CFR 

875.401 is now contained in this 

section. 

In 5 CFR 875.405, OPM proposes to 

remove all specific provisions based on 

the nature of the relationship. With the 

proposed changes to abbreviated 

underwriting, this language is 

unnecessary. All applications for 

FLTCIP coverage outside of a special 

application period would be subject to 

full underwriting. 

In 5 CFR 875.406, OPM proposes to 

amend paragraph (a)(1) to make it clear 

that, outside of a suspension period as 

described in 5 CFR 875.110, 

applications for coverage increases are 

permitted with full underwriting. 

In 5 CFR 875.410, OPM proposes to 

amend the language by deleting the 

second sentence referencing abbreviated 

underwriting during any future open 

season. OPM is proposing to use the 

term ‘‘special application period’’ and 

addresses abbreviated underwriting 

rules for such a period in the proposed 

changes to 5 CFR 875.402. 

In 5 CFR 875.413, OPM proposes to 

clarify that the potential reinstatement 

window will begin with the date of the 

written notice of termination and not 

from the termination date itself. The 

written notice comes after the actual 

termination date, so this allows more 

time and does not adversely impact the 

individual if the Carrier is delayed in 

sending the written notice. The 

provisions reinstating coverage to the 

termination date remain unchanged. 

Notice of Anticipated Suspension 

Period 

Based on the facts available to OPM 

at the time of publication of this NPRM, 

OPM anticipates a 24-month suspension 

period. Due to emerging program 

experience, OPM has determined that 

there is a strong likelihood that FLTCIP 

premium rates will need to be revised. 

OPM anticipates a need for a 24-month 

suspension period in order to ensure 

FLTCIP premium rates reasonably and 

equitably reflect the cost of benefits 

provided, and to revise or adjust as 

necessary. Based on the facts available 

to OPM at the time of publication of this 

NPRM, the suspension period pursuant 

to 5 CFR 875.110 will begin at the time 

this rule is finalized. OPM considers 

this NPRM to serve as the notice 

required under the proposed paragraph 

(b) of 5 CFR 875.110(b). In the final rule, 

OPM will confirm the specific dates and 

duration for the suspension period 

based on the most up-to-date 

information about the Program. 

Expected Impact of Proposed Changes 

The proposed changes, including 

underwriting changes and any future 

suspensions of applications for FLTCIP 

coverage, would not affect current 

FLTCIP enrollees. Individuals already 

enrolled in FLTCIP will retain their 

coverage as long as they continue to pay 

premiums. The proposed changes 

impact new enrollment and are 

expected to impose no more than de 

minimus administrative costs to Federal 

agencies since FLTCIP is an enrolleepay-all program, and there is no 

Government contribution toward 

enrollee premiums. 

We expect that the rule will not result 

in a significant impact on the eligible or 

newly eligible population. 

Approximately 6,000 eligible 

individuals enroll in FLTCIP annually, 

which is less than 0.1% of 11 million 

eligible federal and military actives and 

annuitants (not including spouses and 

other qualified relatives who are also 

eligible). This low percentage mirrors 

the low uptake for purchasing LTCI in 

the broader LTC market. The previously 

mentioned Treasury Report states that 

sales of new LTCI policies have 

declined since the early 2000s, as 

numerous insurers decided to exit the 

market due to the poor financial 

performance of the product line; and, 

low take-up rates for LTCI appear to 

stem in part from low demand for these 

products.2 The report identifies factors 

influencing demand including: 

Substitutes for private LTCI such as 

Medicaid; unpaid care or the ability to 

receive informal care from family; a 

desire to leave assets to heirs can 

suppress demand because people may 

be motivated to postpone consumption 

and save money; lack of information 

and awareness about LTC costs and the 

ways to finance those costs; lack of trust 

in insurers; and premiums, costs, and 

loads.3

Since less than 0.1% of the eligible 

population annually enroll in FLTCIP, 

based on this trend and market trends, 

it is unlikely that newly eligible 

individuals would have a high demand 

for LTCI during a suspension of 

applications. Further, there are other 

options for eligible individuals to plan 

for LTC needs. Some other options to 

plan for LTC needs during a suspension 

period include the following: Saving for 

future needs by setting aside funds to 

invest in a 401(k), an IRA, or a nonretirement investment account; 

investing in a long-term care annuity; 

purchasing a ‘‘combination’’ or 

‘‘hybrid’’ product that combines a life 

insurance policy with a LTC rider; or 

purchasing a short-term care insurance 

policy. 

Indirect Effects on Other Parties 

OPM does not believe this regulation 

will have a large impact on the broader 

LTCI market. Approximately 6,000 

eligible individuals enroll in FLTCIP 

annually, which is less than 0.1% of the 

eligible population. At an average 

premium of $125 per month or $1,500 

per year, the forgone annual premium 

for new enrollees would total less than 

$10 million per year during any FLTCIP 

enrollment suspension. The forgone 

annual premium for new enrollees 

would total less than $10 million per 

year during a FLTCIP enrollment 

suspension. As discussed above, 

affected individuals would likely 

pursue substitute savings and insurance 

products during a suspension period. 

OPM estimates that the magnitude of 

the forgone $10 million on other parties, 

such as LTC insurers in the LTCI 

market, would be quite small compared 

to the larger LTCI market. 

Benefits of the Proposed Changes 

This proposed rule establishes 

provisions for OPM to suspend 

applications to FLTCIP when it is in the 

best interest of the program. For 

example, in order to allow for 

adjustment to underwriting processes or 

to reprice premium rates after a review 

of actuarial assumptions. The rule aims 

to protect eligible individuals from 

applying to enroll when it has been 

determined that underwriting processes 

may need revisions or when the current 

premium rates may not reflect the cost 

of the benefits provided due to market 

volatility and changes to projections 

about future costs. This allows OPM and 

the FLTCIP carrier to agree on 

underwriting changes or new premium 

rates that reasonably and equitably 

reflect the cost of the benefits provided 

as required by the FLTCIP statute. 

Executive Orders 12866 and 13563 

Executive Orders 12866 and 13563 

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 


khammond on DSKJM1Z7X2PROD with PROPOSALS
33656 Federal Register / Vol. 87, No. 107 / Friday, June 3, 2022 / Proposed Rules 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits and 

of reducing costs, harmonizing rules, 

and promoting flexibility. This rule has 

been designated as a significant, but not 

economically significant, regulatory 

action under Executive Order 12866. 

Congressional Review Act 

This rule is not a major rule under 5 

U.S.C. 804(2). Subtitle E of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (codified at 5 

U.S.C. 801–808), also known as the 

Congressional Review Act or CRA, 

generally provides that before a rule 

may take effect, the agency 

promulgating the rule must submit a 

rule report, which includes a copy of 

the rule, to each House of the Congress 

and to the Comptroller General of the 

United States. A major rule under the 

CRA cannot take effect until 60 days 

after it is published in the Federal 

Register. 

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. 

Regulatory Flexibility Act 

I certify that this regulation will not 

have a significant economic impact on 

a substantial number of small entities. 

Federalism 

We have examined this rule in 

accordance with Executive Order 13132, 

Federalism, and have determined that 

this rule will not have any negative 

impact on the rights, roles, and 

responsibilities of State, local, or tribal 

governments. 

List of Subjects in 5 CFR Part 875 

Administration and general 

provisions, Eligibility, Cost, and 

Coverage. 

Office of Personnel Management. 

Stephen Hickman, 

Federal Register Liaison. 

Accordingly, OPM proposes to amend 

title 5, Code of Federal Regulations part 

875, as follows: 

PART 875—FEDERAL LONG TERM 

CARE INSURANCE PROGRAM 

■ 1. The authority citation for 5 CFR 

part 875 continues to read as follows: 

Authority: 5 U.S.C. 9008; Pub. L. 116–92, 

133 Stat. 1198 (5 U.S.C. 8956 note). 

Subpart A—Administration and 

General Provisions 

■ 2. Amend § 875.101 by revising the 

definitions of Carrier, Eligible 

individual, and Free look; and adding, 

in alphabetical order, the definition of 

special application period. 

The revisions and addition read as 

follows: 

§ 875.101 Definitions 

* * * * * 

Carrier means a ‘‘qualified carrier’’ as 

defined in section 9001 of title 5, United 

States Code, with which OPM has 

contracted to provide long term care 

insurance coverage under this section. A 

Carrier may designate one or more 

administrators to perform some of its 

obligations. 

* * * * * 

Eligible individual means an 

employee, annuitant, member of the 

uniformed services, retired member of 

the uniformed services or qualified 

relative, as defined in section 9001 of 

title 5, United States Code. 

* * * * * 

Free look means that within 30 days 

after you are approved for coverage and 

receive the Benefit Booklet, you may 

cancel that coverage if you are not 

satisfied with it and receive a refund of 

any premium you paid for that coverage. 

It will be as if the coverage was never 

issued. 

* * * * * 

Special application period is a period 

in which active workforce members and 

their spouses may apply based on 

abbreviated underwriting. Such 

application periods will be provided for 

pursuant to OPM’s authority in section 

9008 of title 5, United States Code. 

■ 3. Revise § 875.102 to read as follows: 

§ 875.102 Where do I send benefit claims? 

You must submit your benefit claims 

to the FLTCIP Carrier. 

■ 4. Amend § 875.107 by replacing 

‘‘and’’ with ‘‘;’’ at the end of paragraph 

(b); replacing ‘‘.’’ with ‘‘;’’ at the end of 

paragraph (c); and adding paragraphs (d) 

and (e). 

The revisions and additions read as 

follows: 

§ 875.107 What are OPM’s responsibilities 

as regulator under this Program? 

* * * * * 

(d) Suspending applications for 

FLTCIP coverage, including coverage 

increases as specified in § 875.110; and 

(e) Holding special application 

periods as specified in § 875.402. 

■ 5. Add § 875.110 to read as follows: 

§ 875.110 May OPM suspend applications 

for FLTCIP coverage? 

(a) OPM may suspend applications for 

FLTCIP coverage, including coverage 

increases, when OPM determines that a 

suspension is in the best interest of the 

Program. 

(b) OPM will issue a notice in the 

Federal Register with the effective date 

of the suspension period, during which 

no applications for FLTCIP coverage 

will be accepted. The effective date will 

be determined at the discretion of the 

Director and will be at least 30 days 

after the date of the notice. 

(c) The duration of the suspension 

period, as determined at the discretion 

of the Director and not to exceed 24 

months, will be announced in the 

Federal Register notice. 

(d) At least 30 days before the end of 

the suspension period, OPM may issue 

a notice in the Federal Register 

announcing an extension to the 

suspension period when OPM 

determines that such extension is in the 

best interest of the Program. Any 

extension will conform to the 

requirements of this subsection. 

Subpart B—Eligibility 

■ 6. Revise § 875.203 to read as follows: 

§ 875.203 Am I eligible if I separated under 

the FERS MRA+10 provision? 

If you have separated from service 

under the FERS Minimum Retirement 

Age and 10 years of service (MRA+10) 

provision of 5 U.S.C. 8412(g), and have 

postponed receiving an annuity under 

that provision, you are eligible to apply 

for coverage as an annuitant under this 

part. 

■ 7. Amend § 875.204 by revising 

paragraph (c) to read as follows: 

§ 875.204 Am I eligible as a member of the 

uniformed services? 

* * * * * 

(c) You are not eligible to apply for 

coverage solely because you belong to 

the Individual Ready Reserve. The 

Individual Ready Reserves includes 

Reservists who are assigned to a 

Voluntary Training Unit in the Naval 

Reserve and Category E in the Air Force 

Reserve. 

§ 875.206 [Reserved] 

■ 8. Remove and reserve § 875.206. 

■ 9. Revise § 875.207 to read as follows: 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 87, No. 107 / Friday, June 3, 2022 / Proposed Rules 33657 

§ 875.207 What happens if I am in nonpay 

status during a special application period? 

(a) If you return to pay status from 

nonpay status during a special 

application period, you have 60 days 

from the date of your return, or until the 

end of the special application period, 

whichever gives you more time, to 

apply for coverage pursuant to the rules 

of that special application period. 

(b) If you return to pay status from 

nonpay status within 180 days after the 

end of the special application period, 

you have 60 days from the date of your 

return to apply for coverage pursuant to 

the rules of that special application 

period. 

(c) Paragraphs (a) and (b) of this 

section apply only when you have been 

in nonpay status for more than one-half 

of a special application period, unless 

you went into nonpay status for a reason 

beyond your control. 

■ 10. Amend § 875.209 by revising 

paragraph (a) to read as follows: 

§ 875.209 How do I demonstrate that I am 

eligible to apply for coverage? 

(a) When you submit your application 

for coverage, you must make known 

your status as a member of an eligible 

group. If you are a qualified relative, 

you need to provide identifying 

information about the workforce 

member who makes you an eligible 

individual. 

* * * * * 

■ 11. Amend § 875.210 by revising 

paragraph (b)(1) to read as follows: 

§ 875.210 What happens if I become 

ineligible after I submit an application? 

* * * * * 

(b) * * * 

(1) When you are involuntarily 

separated from Federal civilian service 

(except for misconduct) or from the 

uniformed services (except for a 

dishonorable discharge); or, when you 

are the qualified relative of a workforce 

member who has been involuntarily 

separated from Federal civilian service 

(except for misconduct) or from the 

uniformed services (except for a 

dishonorable discharge). 

* * * * * 

■ 12. Revise § 875.211 to read as 

follows: 

§ 875.211 What happens if my eligibility 

status changes after I submit my 

application? 

(a) If you applied as an active 

workforce member, and you retire or 

separate from service after you submit 

an application for coverage, but before 

your coverage becomes effective, you 

must notify the Carrier of this change. 

(b) If you applied with abbreviated 

underwriting during a special 

application period as an active 

workforce member or the spouse of an 

active workforce member, and the active 

workforce member retires or separates 

from service before your coverage 

becomes effective, you must reapply 

based on your new eligibility status. 

■ 13. Revise § 875.213 to read as 

follows: 

§ 875.213 May I apply as a qualified 

relative if I am the domestic partner of an 

employee or annuitant? 

You may apply for coverage as a 

qualified relative if you are a domestic 

partner, as described in § 875.101 of this 

chapter. As prescribed by OPM, you 

will be required to provide 

documentation to demonstrate that you 

meet these requirements, and you must 

submit to full underwriting 

requirements. However, as explained in 

§ 875.210 of this chapter, if you lose 

your status as a domestic partner, and 

therefore status as a qualified relative, 

before your coverage goes into effect, 

you are no longer eligible for FLTCIP 

coverage. 

Subpart D—Coverage 

■ 14. Revise § 875.401 to read as 

follows: 

§ 875.401 How do I apply for coverage? 

To apply for coverage, you must 

complete the application in a form 

appropriate for your eligibility status as 

prescribed by the Carrier and approved 

by OPM. 

■ 15. Revise § 875.402 to read as 

follows: 

§ 875.402 When will open seasons be 

held? 

(a) There are no regularly scheduled 

open seasons for long term care 

insurance. OPM may have special 

application periods in which active 

workforce members and their spouses 

may apply based on abbreviated 

underwriting. 

(b) In situations where OPM 

determines that it is appropriate to have 

a special application period, OPM will 

announce any such period via a Federal 

Register Notice. The Notice will include 

the requirements for eligible applicants 

during the special application period. 

■ 16. Revise § 875.403 to read as 

follows: 

§ 875.403 When may I apply for coverage? 

If you are an eligible individual, you 

may apply at any time outside of a 

suspension period described in 

§ 875.110. You will be subject to full 

underwriting requirements. The only 

exceptions to the full underwriting 

requirements are described in § 875.402. 

You may apply as a qualified relative of 

a workforce member even if the 

workforce member does not apply for 

coverage. 

■ 17. Revise § 875.404 to read as 

follows: 

§ 875.404 What is the effective date of 

coverage? 

(a)(1) The effective dates of coverage 

under special application period 

enrollments will be announced in a 

Federal Register Notice that announces 

special application period dates. 

(2) If you are an active workforce 

member or the spouse of an active 

workforce member and you are applying 

for coverage during a special application 

period, the workforce member must be 

actively at work at least 1 day during the 

calendar week immediately before the 

week which contains your coverage 

effective date for your coverage to 

become effective. You must inform the 

Carrier if you do not meet this 

requirement. In the event you do not 

meet this requirement, the Carrier will 

issue you a revised effective date, which 

will be the 1st day of the next month. 

The workforce member also must meet 

the actively at work requirement for any 

revised effective date for coverage to 

become effective, or you will be issued 

another revised effective date in the 

same manner. 

(b) If you enroll at any time outside 

of a special application period, your 

coverage effective date is the 1st day of 

the month after the date your 

application is approved. 

■ 18. Revise § 875.405 to read as 

follows: 

§ 875.405 May a spouse, domestic partner, 

or other qualified relative of a workforce 

member apply for coverage? 

A spouse, domestic partner, or other 

qualified relative of a workforce member 

may apply for coverage with full 

underwriting at any time following the 

marriage or commencing date of the 

domestic partnership, outside of a 

suspension period as described in 

§ 875.110. 

■ 19. Amend § 875.406 by revising 

paragraph (a)(1) to read as follows: 

§ 875.406 May I change my coverage? 

* * * * * 

(a) * * * 

(1) At any time outside of a 

suspension period described in 

§ 875.110, you may apply to increase 

your coverage with full underwriting. 

* * * * * 

■ 20. Revise § 875.410 to read as 

follows: 


khammond on DSKJM1Z7X2PROD with PROPOSALS
33658 Federal Register / Vol. 87, No. 107 / Friday, June 3, 2022 / Proposed Rules 

§ 875.410 May I continue my coverage 

when I leave Federal or military service? 

If you are an active workforce 

member, your coverage will 

automatically continue when you leave 

active service, as long as the Carrier 

continues to receive the required 

premium when due. 

■ 21. Revise § 875.413 to read as 

follows: 

§ 875.413 Is it possible to have coverage 

reinstated? 

(a) Under certain circumstances, your 

coverage can be reinstated. The Carrier 

will reinstate your coverage if it receives 

proof satisfactory to it, within 6 months 

from the date of the written notice of 

termination, that you suffered from a 

cognitive impairment or loss of 

functional capacity, before the grace 

period ended, that caused you to miss 

making premium payments. In that 

event, you will not be required to 

submit to underwriting. Your coverage 

will be reinstated retroactively to the 

termination date but you must pay back 

premiums for that period. The premium 

will be the same as it was prior to 

termination. 

(b) If your coverage has terminated 

because you did not pay premiums or 

because you requested cancellation, the 

Carrier may reinstate your coverage 

within 12 months from the date of the 

written notice of termination at your 

request. You will be required to reapply 

based on full underwriting, and the 

Carrier will determine whether you are 

still insurable. If you are insurable, your 

coverage will be reinstated retroactively 

to the termination date and you must 

pay back premiums for that period. The 

premium will be the same as it was 

prior to termination. 

[FR Doc. 2022–11720 Filed 6–2–22; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2022–0514; Project 

Identifier AD–2022–00357–E] 

RIN 2120–AA64 

Airworthiness Directives; General 

Electric Company Turbofan Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for 

certain General Electric Company (GE) 

GEnx-1B model turbofan engines. This 

proposed AD was prompted by several 

reports of fuel leaks caused by high 

cycle fatigue (HCF) cracks found at the 

braze joints on fuel manifolds, and the 

subsequent manufacturer redesign of the 

high-pressure turbine (HPT) fuel hose 

variable stator vane (VSV) manifold, 

VSV fuel hose manifold, low-pressure 

turbine (LPT) fuel hose variable bleed 

valve (VBV) manifold, and VBV fuel 

hose manifold. This proposed AD 

would require removal and replacement 

of the fuel hydraulic lines. The FAA is 

proposing this AD to address the unsafe 

condition on these products. 

DATES: The FAA must receive comments 

on this proposed AD by July 18, 2022. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

https://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

Avenue SE, Washington, DC 20590. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this NPRM, contact General Electric 

Company, 1 Neumann Way, Cincinnati, 

OH 45215; phone: (513) 552–3272; 

email: aviation.fleetsupport@ge.com; 

website: www.ge.com. You may view 

this service information at the FAA, 

Airworthiness Products Section, 

Operational Safety Branch, 1200 District 

Avenue, Burlington, MA 01803. For 

information on the availability of this 

material at the FAA, call (817) 222– 

5110. 

Examining the AD Docket 

You may examine the AD docket at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2022–0514; or in person at Docket 

Operations between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. The AD docket contains this 

NPRM, any comments received, and 

other information. The street address for 

Docket Operations is listed above. 

FOR FURTHER INFORMATION CONTACT: 

Alexei Marqueen, Aviation Safety 

Engineer, ECO Branch, FAA, 1200 

District Avenue, Burlington, MA 01803; 

phone: (781) 238–7178; email: 

Alexei.T.Marqueen@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

The FAA invites you to send any 

written relevant data, views, or 

arguments about this proposal. Send 

your comments to an address listed 

under ADDRESSES. Include ‘‘Docket No. 

FAA–2022–0514; Project Identifier AD– 

2022–00357–E’’ at the beginning of your 

comments. The most helpful comments 

reference a specific portion of the 

proposal, explain the reason for any 

recommended change, and include 

supporting data. The FAA will consider 

all comments received by the closing 

date and may amend this proposal 

because of those comments. 

Except for Confidential Business 

Information (CBI) as described in the 

following paragraph, and other 

information as described in 14 CFR 

11.35, the FAA will post all comments 

received, without change, to https://

www.regulations.gov, including any 

personal information you provide. The 

agency will also post a report 

summarizing each substantive verbal 

contact received about this NPRM. 

Confidential Business Information 

CBI is commercial or financial 

information that is both customarily and 

actually treated as private by its owner. 

Under the Freedom of Information Act 

(FOIA) (5 U.S.C. 552), CBI is exempt 

from public disclosure. If your 

comments responsive to this NPRM 

contain commercial or financial 

information that is customarily treated 

as private, that you actually treat as 

private, and that is relevant or 

responsive to this NPRM, it is important 

that you clearly designate the submitted 

comments as CBI. Please mark each 

page of your submission containing CBI 

as ‘‘PROPIN.’’ The FAA will treat such 

marked submissions as confidential 

under the FOIA, and they will not be 

placed in the public docket of this 

NPRM. Submissions containing CBI 

should be sent to Alexei Marqueen, 

Aviation Safety Engineer, ECO Branch, 

FAA, 1200 District Avenue, Burlington, 

MA 01803. Any commentary that the 

FAA receives which is not specifically 

designated as CBI will be placed in the 

public docket for this rulemaking. 

Background 

The FAA received reports of fuel 

manifold leaks resulting in multiple 

flight delays and cancellations on four 

separate occasions between 2018 and 

2021 on airplanes with GEnx-1B model 

turbofan engines installed. The 

manufacturer’s investigation revealed 

that variations in braze coverage and 

braze fillet radii caused high stress 

concentration factors at the braze block 


khammond on DSKJM1Z7X2PROD with PROPOSALS