AMENDMENT IN THE NATURE OF A SUBSTITUTE TO H.R. 873 OFFERED BY MS. OAKAR

Document Type: 
Collection: 
Document Number (FOIA) /ESDN (CREST): 
CIA-RDP88G00186R001201610039-3
Release Decision: 
RIPPUB
Original Classification: 
K
Document Page Count: 
9
Document Creation Date: 
December 22, 2016
Document Release Date: 
March 17, 2011
Sequence Number: 
39
Case Number: 
Publication Date: 
June 12, 1985
Content Type: 
REGULATION
File: 
AttachmentSize
PDF icon CIA-RDP88G00186R001201610039-3.pdf284.95 KB
Body: 
Sanitized Copy Approved for Release 2011/03/17: CIA-RDP88GO0186RO01201610039-3 IDD "I / } 'r I ROUTING AND RECORD SHEET SUBJECT: (Optional) H.R. 873 Liaison Division Office of Legislative Liaison TO: (Officer designation, room number, and building) D/OP DD/EB$S/OP DD/PA&E/OP 4. Chief, Retirement Div/OP Retirement Division Attn: C/ROB F '7 p / Hoc D/OLL C/LEG Subject FORM 61 O USE PREVIOUS 1-79 EDITIONS EXTENSION OFFICER'S INITIALS STAT STAT STAT STAT DATE 12 June 1985 COMMENTS (Number each comment to show from whom to whom. Draw a line across column after each comment.) Re: HR 873 (Attached) Passed by Congress; on President's desk for signature. Of interest to Agency is section that restores health and life insurance privileges to disability annuitants. STAT /06 Sanitized Copy Approved for Release 2011/03/17: CIA-RDP88GO0186RO01201610039-3 Sanitized Copy Approved for Release 2011/03/17: CIA-RDP88GO0186RO01201610039-3 Strike out all after the enacting clause and insert in lieu thereof the following: 1 SECTION 1. AUTHORITY FOR ADDITIONAL EMPLOYEE ORGANIZATION 2 PLANS. 3 (a) DEFINITION OF AN EMPLOYEE ORGANIZATION.--Section 4 8901(8) of title 5, United States Code, is amended to read as 5 follows: AMENDMENT IN THE NATURE OF A SUBSTITUTE TO H,R. 873 OFFERED BY MS. OAKAR - (8) 'employee organization' means-- 7 11 (A) an association or other organization of 8 employees which is national in scope, or in which 9 membership is open to all employees of a Government 10 agency who are eligible to enroll in a health 11 benefits plan under this chapter and which, after 12 December 31, 1978, and before January 1, 1980, 13 applied to the Office for approval of a plan provided 14 under section 8903(3) of this title; and .1 (B) an association or other organization which 16 is national in scope, in which membership is open 17 only to employees, annuitants, or former spouses, or 18 any combination thereof, and which, during the 90-day 19 period beginning on the date of enactment of section !I Sanitized Copy Approved for Release 2011/03/17: CIA-RDP88GO0186RO01201610039-3 Sanitized Copy Approved for Release 2011/03/17: CIA-RDP88GO0186RO01201610039-3 OAKAR129 2 1 8903a of this title, applied to the Office for 2 approval of a plan provided under such section;'' 3 (b) AUTHORITY FOR ADDITIONAL PLANS.-- 4 (1) Title 5, United States Code, is amended by 5 inserting after section 8903 the following: 6 58903a. Additional health benefits plans 7 " (a) In addition to any plan under section 8903 of this 8 title, the Office of Personnel Management may contract for or 9 approve one or more health benefits plans under this section. 10 (b) A plan under this section may not be contracted for 11 or approved unless it-- 12 (1) is sponsored or underwritten, and administered, 13 in whole or substantial part, by an employee organization 14 described in section 8901(8)(B) of this title; 15 (2) offers benefits of the types named by paragraph 16 (1) or (2) of section 8904 of this title or both; ~.% (3) provides for benefits only by paying for, or 18 providing reimbursement for, the cost of such benefits 19 (as provided for under paragraph (1) or (2) of section 20 8903 of this title) or a combination thereof; and 21 - (4) is available only to individuals who, at the 22 time of enrollment, are full members of the organization 23 and to members of their families. 24 (c) A contract for a plan approved under this section 25 shall require the carrier-- I Sanitized Copy Approved for Release 2011/03/17: CIA-RDP88GO0186RO01201610039-3 Sanitized Copy Approved for Release 2011/03/17: CIA-RDP88GO0186RO01201610039-3 OAKAR129 - (1) to enter into an agreement approved by the 2 Office with an underwriting subcontractor licensed to 3 issue group health insurance in all the States and the 4 District of Columbia; or 5 (2) to demonstrate ability to meet reasonable 6 minimum financial standards prescribed by the Office. .1(d) For the purpose of this section, an individual 8 shall be considered a full member of an organization if such 9 individual is eligible to exercise all rights and privileges 10 incident to full membership in such organization (determined 11 without regard to the right to hold elected office).'' 12 (2) The analysis for chapter 89 of title 5, United 13 States Code, is amended by inserting after the item 14 relating to section 8903 the following: .18903a. Additional health benefits plans.'' 15 SEC. 2. TECHNICAL AND CONFORMING AMENDMENTS. 16 (a) Sections 8902(a)1 8902(e), 8902(i), 8905(a), 17 8905(c)(1), 8905(f), 8908(b), and 8913(b) of title 5, United 18 States Code, are each amended by striking out -8903 of this 19 title" and inserting in lieu thereof -8903 or 8903a of this 20 title". 21 (b) Section 8903(3) of title 5, United States Code, is 22 amended by striking out ''employee organizations,'' and 23 inserting in lieu thereof employee organizations described 24 in section 8901(8)(A) of this title,''. Sanitized Copy Approved for Release 2011/03/17: CIA-RDP88GO0186RO01201610039-3 Sanitized Copy Approved for Release 2011/03/17: CIA-RDP88GO0186RO01201610039-3 OAKAR129 4 1 (c) Section 8905(f) of title 5, United States Code, is 2 further amended by striking out plan described by that 3 section" and inserting 4 (d) Section 8907(a) 5 amended by striking out in lieu thereof ''such plan''. of title 5, United States Code, ''section 8903'' and inserting in 6 lieu thereof ''sections 8903 and 8903a'' 7 (e) Section 8909(d) of title 5, United States Code, is 8 amended-- 9 (1) by inserting ''or 8903a" before ''of this 10 title; and 11 (2) by adding at the end thereof the following: ''If 12 the successor organization is an organization described 13 in section 8901(8)(B) of this title, any employee, 14 annuitant, or former spouse so transferred may not 15 enrolled in the plan after the end of the contract term 16 in which the merger occurs unless that individual is a 17 full member of such organization (as determined under 18 section 8903a(d) of this title).''. 19 (f) Section 8909(e) of title 5, United States Code, is 20 amended by inserting ''or 8903a'' before ''of this title'' 21 (g) Section 1840(d)(1j of the Social Security Act is 22 amended by inserting ''or 8903a'' after 8903. 23 SEC. 3. INSURANCE COVERAGE FOR RESTORED DISABILITY ANNUITANTS. 25 (a) HEALTH INSURANCE,-- 11 Sanitized Copy Approved for Release 2011/03/17: CIA-RDP88GO0186R001201610039-3 Sanitized Copy Approved for Release 2011/03/17: CIA-RDP88GO0186RO01201610039-3 OAKAR129 1 (1) Section 8908 of title 5, United States Code, is 2 amended by adding at the end thereof the following: 3 (c) A disability annuitant whose disability annuity 4 under section 8337 of this title was terminated and is later 5 restored under the second or third sentence of subsection (e) 6 of such section may, under regulations prescribed by the 7 Office, enroll in a health benefits plan described by section 8 8903 or 8903a of this title if such annuitant was covered by 9 any such plan immediately before such annuity was 10 terminated.. 11 (2)(A) The section heading for section 8908 of title 12 5, United States Code, is amended to read as follows: 13 "S8908. Coverage of restored employees and survivor or 14 disability annuitants". 15 (B) The analysis for chapter 89 of title 5, United 16 States Code, is amended by striking out the item relating 17 to section 8908 and inserting in lieu thereof the 18 following: 8908. Coverage of restored employees and survivor or disability annuitants. . 19 (b) LIFE INSURANCE,--Section 8706 of title 5, United 20 States Code, is amended by adding at the end thereof the 21 following: 12 (f) If the insurance of a former employee'receiving a 23 disability annuity under section 8337 of this title stops Sanitized Copy Approved for Release 2011/03/17: CIA-RDP88GO0186RO01201610039-3 Sanitized Copy Approved for Release 2011/03/17: CIA-RDP88GO0186RO01201610039-3 OAKAR129 6 1 because of the termination of such annuity, and such annuity 2 is thereafter restored under the second or third sentence of 3 subsection (e) of such section, such former employee may, 4 under regulations prescribed by the Office, elect to resume 5 the insurance coverage which was so stopped.''. 6 (c) APPLICABILITY; NOTIFICATION REQUIREMENT; 7 CONSTRUCTION.-- 8 (1) The amendments made by this section shall apply 9 with respect to any individual whose disability annuity 10 is or was restored under section 8337(e) of title 5, 11 United States Code, after December 31, 1983. 12 (2)(A) The Office of Personnel Management shall 13 notify each individual under subparagraph (B) of any 14 rights which such individual may have under section 15 8706(f) or section 8908(c) of title 5, United States 16 Code, as amended by this section, including any 17 procedures or deadlines which may apply with respect to 18 the exercise of those rights. 19 (B) Notification under this paragraph shall be 20 provided to any individual who, as of the 90th day after 21 the date of enactment of this Act, is-receiving a 22 disability annuity which was restored to such individual 23 under section 8337(e) of title 5, United States Cdde, 24 after December 31, 1983. 25 (3)(A) Nothing in this section shall be construed to Sanitized Copy Approved for Release 2011/03/17: CIA-RDP88GO0186RO01201610039-3 Sanitized Copy Approved for Release 2011/03/17: CIA-RDP88G00186R001201610039-3 OAKAR129 authorize-- (i) coverage under chapter 87 of title 5, United States Code, in the case of any individual who makes an election under section 8706(f) of such title (as amended by this Act), for any period before the date of such election; or (ii) coverage under chapter 89 of title 5, United States Code, in the case of any individual who becomes enrolled in a health benefits plan under section 8908(c) of such title (as amended by this Act), for any period before the date as of which such individual becomes (B) This paragraph individual receiving a restored under section Code, after so enrolled. applies with respect to any disability annuity which is or was 8337(e) December 31, 1983, of the 90-day period, beginning of this Act. of title 5, United States and before the expiration on the date of enactment Amend the title so as to read: ''A bill to amend title 5, United States Code, to provide that employee organizations which are not eligible to participate in the Federal employees health benefits program solely because of the requirement that applications for approval be filed before January 1, 1980, may apply to become so eligible, and for Sanitized Copy Approved for Release 2011/03/17: CIA-RDP88G00186R001201610039-3 Sanitized Copy Approved for Release 2011/03/17: CIA-RDP88GO0186RO01201610039-3 'OAKAR129 other purposes. . Sanitized Copy Approved for Release 2011/03/17: CIA-RDP88GO0186RO01201610039-3