II

Calendar No. 942

106TH CONGRESS

2D SESSION S. 1688

[Report No. 106–492]

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

OCTOBER 6 (legislative day, SEPTEMBER 22), 2000

Reported by Mr. THOMPSON, without amendment

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.
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•S 1688 RS

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

3 SECTION 1. SHORT TITLE.

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

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

6 SEC. 2. ENROLLMENT OF CERTAIN EMPLOYEES AND

7 FAMILY.

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

9 amended—

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

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

12 (2) by inserting after subsection (e) the fol13 lowing:

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

15 a court or administrative order to provide health insurance

16 coverage for a child who meets the requirements of section

17 8901(5) may enroll for self and family coverage in a health

18 benefits plan under this chapter.

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

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

21 and family enrollment in the option which provides the

22 lower level of coverage under the service benefit plan if

23 the employee—

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

25 in a health benefits plan that provides full benefits
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1 and services in the location in which the child re2 sides; and

3 ‘‘(ii) does not provide documentation dem4 onstrating that the required coverage has been pro5 vided through other health insurance.

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

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

8 required by a court or administrative order to provide

9 health insurance coverage for a child who meets the re10 quirements of section 8901(5) may change to a self and

11 family enrollment in—

12 ‘‘(i) the health benefits plan in which the em13 ployee is enrolled; or

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

15 chapter.

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

17 under subparagraph (A) shall change the enrollment of

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

19 in which the employee is enrolled if—

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

21 in the location where the child resides; and

22 ‘‘(ii) the employee—

23 ‘‘(I) fails to change to a self and family en24 rollment; and
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1 ‘‘(II) does not provide documentation dem2 onstrating that the required coverage has been

3 provided through other health insurance.

4 ‘‘(C) The employing agency of an employee described

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

6 employee to a self and family enrollment in the option

7 which provides the lower level of coverage under the serv8 ice benefit plan if—

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

10 does not provide full benefits and services in the lo11 cation in which the child resides; or

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

13 family enrollment in a plan that provides full bene14 fits and services in the location where the child re15 sides.

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

17 who is subject to a court or administrative order described

18 under this section may not discontinue the self and family

19 enrollment in a plan that provides full benefits and serv20 ices in the location in which the child resides for the period

21 that the court or administrative order remains in effect

22 if the child meets the requirements of section 8901(5) dur23 ing such period.

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

25 may be discontinued if the employee provides documenta-
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1 tion demonstrating that the required coverage has been

2 provided through other health insurance.’’.

3 SEC. 3. FEDERAL EMPLOYEES’ RETIREMENT SYSTEM ANNU4 ITY SUPPLEMENT COMPUTATION.

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

6 amended by adding at the end the following new para7 graph:

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

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

10 effective during the 12-month period beginning on

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

12 the calendar year in which the excess earnings were

13 earned.’’.
Calendar No. 942

106TH CONGRESS

2D SESSION S. 1688

[Report No. 106–492]

A BILL

To amend chapter 89 of title 5, United States

Code, relating to the Federal Employees HealthBenefits Program, to enable the Federal Government to enroll an employee and the family of theemployee in the program when a State court orders the employee to provide health insurancecoverage for a child of the employee, but the employee fails to provide the coverage, and for otherpurposes.

OCTOBER 6 (legislative day, SEPTEMBER 22), 2000

Reported without amendment