II

106TH CONGRESS

1ST SESSION S. 1688

To amend chapter 89 of title 5, United States Code, relating to the Federal

Employees Health Benefits Program, to enable the Federal Government

to enroll an employee and the family of the employee in the 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.

IN THE SENATE OF THE UNITED STATES

OCTOBER 5, 1999

Mr. LEVIN (for himself and Mr. AKAKA) introduced the following bill; which

was read twice and referred to the Committee on Governmental Affairs

A BILL

To amend chapter 89 of title 5, United States Code, relating

to the Federal Employees Health Benefits Program, to

enable the Federal Government to enroll an employee

and the family of the employee in the 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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Federal Employees

3 Health Benefits Children’s Equity Act of 1999’’.

4 SEC. 2. ENROLLMENT OF CERTAIN EMPLOYEES AND

5 FAMILY.

6 Section 8905 of title 5, United States Code, is

7 amended—

8 (1) by redesignating subsections (f) and (g) as

9 subsections (g) and (h), respectively; and

10 (2) by inserting after subsection (e) the fol11 lowing:

12 ‘‘(f)(1)(A) An unenrolled employee who is required by

13 a court or administrative order to provide health insurance

14 coverage for a child who meets the requirements of section

15 8901(5) may enroll for self and family coverage in a health

16 benefits plan under this chapter.

17 ‘‘(B) The employing agency of an employee described

18 under subparagraph (A) shall enroll the employee in a self

19 and family enrollment in the option which provides the

20 lower level of coverage under the service benefit plan if

21 the employee—

22 ‘‘(i) fails to enroll for self and family coverage

23 in a health benefits plan that provides full benefits

24 and services in the location in which the child re25 sides; and
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1 ‘‘(ii) does not provide documentation dem2 onstrating that the required coverage has been pro3 vided through other health insurance.

4 ‘‘(2)(A) An employee who is enrolled as an individual

5 in a health benefits plan under this chapter and who is

6 required by a court or administrative order to provide

7 health insurance coverage for a child who meets the re8 quirements of section 8901(5) may change to a self and

9 family enrollment in—

10 ‘‘(i) the health benefits plan in which the em11 ployee is enrolled; or

12 ‘‘(ii) another health benefits plan under this

13 chapter.

14 ‘‘(B) The employing agency of an employee described

15 under subparagraph (A) shall change the enrollment of

16 the employee to a self and family enrollment in the plan

17 in which the employee is enrolled if—

18 ‘‘(i) such plan provides full benefits and services

19 in the location where the child resides; and

20 ‘‘(ii) the employee—

21 ‘‘(I) fails to change to a self and family en22 rollment; and

23 ‘‘(II) does not provide documentation dem24 onstrating that the required coverage has been

25 provided through other health insurance.
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1 ‘‘(C) The employing agency of an employee described

2 under subparagraph (A) shall change the coverage of the

3 employee to a self and family enrollment in the option

4 which provides the lower level of coverage under the serv5 ice benefit plan if—

6 ‘‘(i) the plan in which the employee is enrolled

7 does not provide full benefits and services in the lo8 cation in which the child resides; or

9 ‘‘(ii) the employee fails to change to a self and

10 family enrollment in a plan that provides full bene11 fits and services in the location where the child re12 sides.

13 ‘‘(3)(A) Subject to subparagraph (B), an employee

14 who is subject to a court or administrative order described

15 under this section may not discontinue the self and family

16 enrollment in a plan that provides full benefits and serv17 ices in the location in which the child resides for the period

18 that the court or administrative order remains in effect

19 if the child meets the requirements of section 8901(5) dur20 ing such period.

21 ‘‘(B) Enrollment described under subparagraph (A)

22 may be discontinued if the employee provides documenta23 tion demonstrating that the required coverage has been

24 provided through other health insurance.’’.
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1 SEC. 3. FEDERAL EMPLOYEES’ RETIREMENT SYSTEM ANNU2 ITY SUPPLEMENT COMPUTATION.

3 Section 8421a(b) of title 5, United States Code, is

4 amended by adding at the end the following new para5 graph:

6 ‘‘(5) Notwithstanding paragraphs (1) through

7 (4), the reduction required by subsection (a) shall be

8 effective during the 12-month period beginning on

9 the first day of the seventh month after the end of

10 the calendar year in which the excess earnings were

11 earned.’’.

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