I 

111TH CONGRESS 

1ST SESSION H. R. 3162 

To amend title 5, United States Code, to make family members of public 

safety officers killed in the line of duty eligible for coverage under 

the Federal employees health benefits program, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 9, 2009 

Mr. STUPAK introduced the following bill; which was referred to the 

Committee on Oversight and Government Reform 

A BILL 

To amend title 5, United States Code, to make family members of public safety officers killed in the line of duty 

eligible for coverage under the Federal employees health 

benefits program, 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Public Safety Officer 

5 Family Health Benefits Act’’. 


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1 SEC. 2. ELIGIBILITY FOR HEALTH BENEFITS. 

2 (a) IN GENERAL.—Chapter 89 of title 5, United 

3 States Code, is amended by adding at the end the fol4 lowing: 

5 ‘‘§ 8915. Coverage for survivors of public safety offi6 cers killed in the line of duty 

7 ‘‘(a) For purposes of this section— 

8 ‘‘(1) the term ‘qualified individual’ means an 

9 individual who, as of the date on which such indi10 vidual first submits an application for health bene11 fits coverage under this section, is a member of the 

12 family of a public safety officer killed in the line of 

13 duty; 

14 ‘‘(2) the term ‘member of the family’ has the 

15 meaning such term would have under paragraph (5) 

16 of section 8901 if each reference in such paragraph 

17 to an ‘employee or annuitant’ were treated as a ref18 erence to a public safety officer killed in the line of 

19 duty; and 

20 ‘‘(3) the term ‘public safety officer killed in the 

21 line of duty’ means a public safety officer (as de22 fined by section 1204 of the Omnibus Crime Control 

23 and Safe Streets Act of 1968) who died as the direct 

24 and proximate result of a personal injury sustained 

25 in the line of duty (as determined under section 

26 1201 of such Act). 


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1 ‘‘(b) Under regulations prescribed by the Office of 

2 Personnel Management, a qualified individual may enroll 

3 in an approved health benefits plan described by section 

4 8903 or 8903a as an individual or for self and family. 

5 ‘‘(c) The regulations shall specify the terms and con6 ditions of coverage under this section, which shall, to the 

7 extent practicable, be consistent with those applicable in 

8 the case of an individual having continued enrollment as 

9 a family member under section 8905(b)(2). 

10 ‘‘(d) An application for health benefits coverage 

11 under this section shall be submitted at such time, in such 

12 manner, and together with such information or evidence 

13 of eligibility for coverage as the Office may by regulation 

14 require. 

15 ‘‘(e)(1) Notwithstanding any other provision of this 

16 chapter— 

17 ‘‘(A) the amount necessary to pay the total en18 rollment charge for an individual who is enrolled in 

19 a health benefits plan under this section shall be 

20 paid by such individual and the Government in the 

21 same proportions as would apply in the case of an 

22 annuitant— 

23 ‘‘(i) with the individual contribution to be 

24 paid currently into the Employees Health BeneVerDate Nov 24 2008 06:39 Jul 10, 2009 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3162.IH H3162

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1 fits Fund under arrangements satisfactory to 

2 the Office; and 

3 ‘‘(ii) with the Government contribution to 

4 be made from annual appropriations which are 

5 authorized to be made for that purpose and 

6 which may be made available until expended; 

7 ‘‘(B) an individual may not enroll or remain en8 rolled in a health benefits plan under this section, by 

9 virtue of being the widow or widower of a public 

10 safety officer killed in the line of duty, if such indi11 vidual remarries; and 

12 ‘‘(C) an individual whose enrollment under this 

13 section is terminated, whether voluntarily or involun14 tarily, shall be barred from subsequently reenrolling 

15 under this section. 

16 ‘‘(2) The Office may, in its sole discretion, waive the 

17 provisions of subparagraph (B) or (C) of paragraph (1) 

18 if the Office determines that, due to exceptional cir19 cumstances, it would be against equity and good con20 science not to allow such individual to enroll, remain en21 rolled, or to reenroll (as the case may be). 

22 ‘‘(f) The regulations prescribed by the Office to carry 

23 out this section shall include, in the case of an individual 

24 who obtains coverage under this section but who (even if 

25 this section had never been enacted) would otherwise have 


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1 been eligible for health benefits under this chapter, provi2 sions to ensure that the rights afforded to such individual 

3 under this chapter are not adversely affected as a result 

4 of the enactment of this section. 

5 ‘‘(g) The Bureau of Justice Assistance of the Depart6 ment of Justice shall keep such records, make such certifi7 cations, and furnish the Office such information and re8 ports as may be necessary to enable the Office to carry 

9 out its functions under this section.’’. 

10 (b) CONFORMING AMENDMENT.—The table of sec11 tions for chapter 89 of title 5, United States Code, is 

12 amended by adding at the end the following: 

‘‘8915. Coverage for survivors of public safety officers killed in the line of 

duty.’’. 

13 (c) EFFECTIVE DATE.—The amendments made by 

14 this section shall apply with respect to coverage in contract 

15 years beginning not less than 6 months after the date of 

16 the enactment of this Act. 

Æ 


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