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What Happens to Your Federal Employee Benefits When You Separate or Divorce?

If you experience a separation or divorce as a federal employee, below you will

find the variious actions you may need to take for each of the following

programs: Federal Employees Health Benefits (FEHB) Program, Federal Employees

Dental and Vision Insurance Program (FEDVIP), Federal Flexible Spending Account

Program (FSAFEDS), Federal Long Term Care Insurance Program (FLTCIP), and

Federal Employees' Group Life Insurance (FEGLI).

Federal Employees Health Benefits (FEHB) Program

If you have a Self and Family FEHB enrollment in FEHB, your spouse is

eligible to continue coverage under your enrollment while you are legally

separated or in the process of getting a divorce or an annulment. Once the

divorce or annulment is final, your ex-spouse loses coverage at midnight of the

day the divorce or annulment is final, subject to a 31-day extension of

coverage.

You can find more information in the FEHB Handbook href="http://www.opm.gov/insure/health/reference/handbook/fehb10.asp#Divorce%20or%20Separation"

target=_blank>here.

After the divorce or annulment is final, your ex-spouse cannot remain covered

as a family member under your Self and Family enrollment (even if a court order

requires it). Your ex-spouse may be eligible to enroll under Spouse Equity, or

Temporary Continuation of Coverage (TCC), or convert to an individual policy

with your carrier. Please visit the former spouses section of the FEHB Handbook

from OPM for more information href="http://www.opm.gov/insure/health/eligibility/former_spouses.asp"

target=_blank>here.

If you have a Self and Family FEHB enrollment and there are no other eligible

family members, the divorce is a Qualifying Life Event. Within 60 days of the

date of your divorce or annulment, you can change to a Self Only enrollment. At

the same time, you can change plans or options.

If you have a Self and Family enrollment and other eligible family members on

the enrollment, you must contact your FEHB plan to let them know the date of the

divorce or annulment and have them remove your ex-spouse. You do not need to

complete a SF 2809 (Health Benefits Election Form) or obtain any agency

verification in these situations. However, your plan may ask for a copy of the

divorce decree as proof.

More information from OPM can be found in the "frequently asked

questions" on separation and divorce href="http://www.opm.gov/insure/health/faq/divorce.asp" target=_blank>here.

 

Federal Employees Dental and Vision Insurance Program

(FEDVIP)

If your spouse is currently covered under your FEDVIP enrollment, that

coverage will continue until the final date of divorce or until the effective

date of an Open Season change. You cannot remove your spouse outside of an Open

Season just because you are separating or in the process of divorce.

Once you are divorced, your ex-spouse will not be eligible as a family member

under your enrollment in FEDVIP. There is no Spouse Equity, temporary

continuation of coverage (TCC), or the right to convert to an individual policy

in the FEDVIP Program.

If you have him/her listed as your "One" under a Self Plus One enrollment or

under your Self and Family enrollment, you must remove him or her from your

FEDVIP enrollment immediately upon the effective date of the divorce through

your BENEFEDS account at href="http://www.BENEFEDS.com">http://www.BENEFEDS.com. However, please know

that even if you do not remove him/her from your account, he/she is not covered

after the divorce and you are responsible for any benefits paid in error on

his/her behalf.

If the divorce means your coverage should now be a Self Only or Self Plus One

enrollment, you can decrease your enrollment type from 31 days before to 60 days

after the date he/she moved out as a "Qualifying Life Event" at href="http://www.BENEFEDS.com">http://www.BENEFEDS.com. Don't miss these

dates or you will have to wait until the next Federal Benefits Open Season to

make the change and may be paying a higher premium for coverage you cannot use.

If you do not have access to a computer, call BENEFEDS at 1-877-888-FEDS

(3337), TTY 1-877-889-5680.

Federal Employees' Group Life Insurance (FEGLI) Program

Unless you've assigned your coverage, you can reduce or cancel coverage at

any time. Benefits may also be paid based on a valid court order. If you have

Family Option-C and don't cancel it, coverage continues on your spouse until the

marriage is terminated. Option-C benefits are not payable even if you continue

to pay Option-C premiums. You should notify your human resources office or

retirement system promptly after the termination of your marriage.

You also can change your designation at any time without prior notice to any

beneficiary.

Federal Flexible Spending Account Program (FSAFEDS)

You may be able to enroll in an FSAFEDS health care flexible spending account

and/or dependent care account or change your current election(s) from 31 days

before the event to 60 days after the event (if your agency participates in

FSAFEDS). For the health care account, you must also be eligible to enroll in

the FEHB Program. Your requested change must be consistent with the event and

you cannot enroll or increase your election(s) after October first (you would

have to wait until Open Season).

If it is a legal separation, you may be able to enroll in an FSAFEDS health

care flexible spending account and/or dependent care account or change your

current election(s) from 31 days before the event to 60 days after the event (if

your agency participates in FSAFEDS). For the health care account, you must also

be eligible to enroll in the FEHB Program. Your requested change must be

consistent with the event and you cannot enroll or increase your election(s)

after October first (you would have to wait until Open Season).

Download the "Qualifying Life Event" from FSAFEDS.com href="https://www.fsafeds.com/forms/qscform.pdf" target=_blank>here or

call FSAFEDS at 1-877-FSAFEDS (372-3337), TTY: 1-800-952-0450 to discuss

possible options.

Federal Long Term Care Insurance Program (FLTCIP)

A change in marital status does not affect your coverage or premiums, but may

affect your eligibility to apply if you are no longer a qualified relative of an

employee or annuitant.

If you are currently paying the premiums for your spouse and now no longer

wish to pay premiums for an ex-spouse, you should contact Long Term Care

Partners at 1-800-LTCFEDS (1-800-582-3337) to make other billing

arrangements.

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