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Eligibility for FEHB Health Benefits After Retirement

When you retire, you are eligible to continue Federal Employees Health Benefits

(FEHB)coverage if you meet all of the following requirements:

  • you are entitled to retire on an immediate annuity under a retirement system

    for civilian employees (including FERS MRA + 10 retirements); and

  • you have been continuously enrolled (or covered as a family member) in any

    FEHB plan(s) for the 5 years of service immediately before the date your annuity

    starts, or for the full period(s) of service since your first opportunity to

    enroll (if less than 5 years).

When you elect not to enroll or cancel your enrollment, you certify by your

signature on the Health Benefits

Election form (SF 2809) that you understand the effect this has on your

eligibility to carry coverage into retirement.

FERS MRA + 10

If you are a separating employee covered under FERS and you qualify for an

immediate annuity under the Minimum Retirement Age (MRA) + 10 provision, you can

continue your enrollment when your annuity starts, as long as you meet the

requirements for continuing coverage.

If you postpone receipt of your annuity, your enrollment will terminate when

you separate from your employment. You will be eligible for temporary

continuation of coverage (TCC)  or to convert to an individual contract.

You may choose to resume FEHB coverage on the date you select for your annuity

to begin.

Service

For purposes of continuing FEHB coverage into retirement, "service" means

time in a position in which you were eligible to be enrolled. You are not

required to have been an enrollee continuously, but you must have been

continuously covered by an FEHB enrollment. This includes:

  • time you are covered as a family member under another person's FEHB

    enrollment;

  • time you are covered under the Uniformed Services Health Benefits Program

    (also known as TRICARE or CHAMPUS) as long as you were covered under an FEHB

    enrollment at the time of your retirement. (You must enroll in FEHB within 60

    days after you lose coverage under the Uniformed Services Health Benefits

    Program for that time to be considered as part of continuous FEHB coverage.)


Coverage under Medicare does not count in determining continuous

coverage.

Service as a Non-appropriated Fund employee does not count in determining

continuous coverage since it is not Federal service and not subject to FEHB

coverage.

Break in Service

Breaks in service are not counted as interruptions when the 5 years of

service requirement is determined, as long as you reenroll within 60 days after

your return to Federal service.

Example 1:  Joan elected FEHB coverage on February 11, 1990, and had

a break in service from January 1, 1994 through January 1, 1996. Upon her return

to service, she again elected to enroll. She retires on December 31, 1997. She

is eligible to continue her health benefits coverage into retirement, since she

has been continuously enrolled for the 5 years of service prior to

retirement.

Example 2:  Eduardo elected not to enroll in the FEHB Program upon

his employment. He left Federal service in 1993. He was rehired in 1993, and

elected to enroll. When he retired in 1996, he was not eligible to continue

health benefits into retirement since he was not covered for the five years of

service before his retirement. His 1993 rehire date does not count as his first

opportunity to be insured because of his prior employment in which he elected

not to enroll.

Late Election

You are considered to have been continuously enrolled when you are allowed to

make a late election because your employing office determined that you weren't

able to timely enroll for reasons beyond your control.

Example:  Anne's employing office notified her on March 20, 1993

that she could make a late election to enroll in the FEHB Program. She promptly

enrolled, and on January 1, 1998, she retired. She is able to continue her

health benefits coverage into retirement, since March 20, 1993, is considered to

be her first opportunity to enroll.

Service with an International Organization

If you transfer to an International Organization and elect to continue FEHB

coverage, the service with the International Organization is included in

determining whether the 5 years of service requirement is met. If you don't

elect to continue your FEHB coverage or drop your enrollment before you return

to Federal service, the time with the International Organization without FEHB

coverage is not included in determining whether the 5-year requirement was met.

Eligibility as a Temporary Employee

Your decision not to enroll as a temporary employee eligible for coverage

under 5 U.S.C. 8906a doesn't affect your future eligibility to continue coverage

as a retiree. Only service for which the Government contributes toward the cost

of your health benefits counts in determining whether you meet the 5 years of

service (or first opportunity) requirements to continue coverage as a retiree.

Since the Government doesn't share in the cost of a temporary employee's

enrollment, eligibility to enroll under 5 U.S.C. 8906a is not considered your

first opportunity for purposes of continuing health benefits coverage into

retirement.

Eligibility under Temporary Continuation of Coverage

Your enrollment or eligibility for enrollment as a former employee under the

temporary continuation of coverage (TCC) provisions is not considered in

determining whether you meet the 5 years of service requirement for continued

coverage as a retiree, since you are not a Federal employee at that time.

However, time that you were an employee eligible to enroll but were covered as a

family member under the TCC enrollment of another person does count toward the 5

years of service requirement.

Who Makes the

Determination?

At retirement, your employing office will tentatively determine if you are

eligible to continue your enrollment. OPM's Office of Retirement Programs (or

your retirement system) will review your retirement and health benefits

documents and make a final determination of your eligibility to continue your

FEHB enrollment into retirement.

Waiver of 5-Year

Enrollment Requirement

Public Law 99-251 gave OPM the authority to waive the 5 years of service

requirement when, in its sole discretion, it determines that it would be against

equity and good conscience not to allow a person to be enrolled in the FEHB

Program as an annuitant.

Your failure to satisfy the 5-year requirement must be due to exceptional

circumstances. If you request a waiver, you must provide OPM with evidence

that:

  • you had intended to have FEHB coverage as a retiree;

  • the circumstances that prevented you from meeting the 5-year requirement

    were essentially outside your control; and

  • you acted reasonably to protect your right to continue FEHB coverage into

    retirement. (This includes reading and acting on information provided and

    requesting information if none is given automatically.)



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