[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1688 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1688

  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

_______________________________________________________________________

                                 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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Employees Health Benefits 
Children's Equity Act of 1999''.

SEC. 2. ENROLLMENT OF CERTAIN EMPLOYEES AND 
              FAMILY.

    Section 8905 of title 5, United States Code, is amended--
            (1) by redesignating subsections (f) and (g) as subsections 
        (g) and (h), respectively; and
            (2) by inserting after subsection (e) the following:
    ``(f)(1)(A) An unenrolled employee who is required by a court or 
administrative order to provide health insurance coverage for a child 
who meets the requirements of section 8901(5) may enroll for self and 
family coverage in a health benefits plan under this chapter.
    ``(B) The employing agency of an employee described under 
subparagraph (A) shall enroll the employee in a self and family 
enrollment in the option which provides the lower level of coverage 
under the service benefit plan if the employee--
            ``(i) fails to enroll for self and family coverage in a 
        health benefits plan that provides full benefits and services 
        in the location in which the child resides; and 
            ``(ii) does not provide documentation demonstrating that 
        the required coverage has been provided through other health 
        insurance.
    ``(2)(A) An employee who is enrolled as an individual in a health 
benefits plan under this chapter and who is required by a court or 
administrative order to provide health insurance coverage for a child 
who meets the requirements of section 8901(5) may change to a self and 
family enrollment in--
            ``(i) the health benefits plan in which the employee is 
        enrolled; or
            ``(ii) another health benefits plan under this chapter.
    ``(B) The employing agency of an employee described under 
subparagraph (A) shall change the enrollment of the employee to a self 
and family enrollment in the plan in which the employee is enrolled 
if--
            ``(i) such plan provides full benefits and services in the 
        location where the child resides; and
            ``(ii) the employee--
                    ``(I) fails to change to a self and family 
                enrollment; and
                    ``(II) does not provide documentation demonstrating 
                that the required coverage has been provided through 
                other health insurance.
    ``(C) The employing agency of an employee described under 
subparagraph (A) shall change the coverage of the employee to a self 
and family enrollment in the option which provides the lower level of 
coverage under the service benefit plan if--
            ``(i) the plan in which the employee is enrolled does not 
        provide full benefits and services in the location in which the 
        child resides; or
            ``(ii) the employee fails to change to a self and family 
        enrollment in a plan that provides full benefits and services 
        in the location where the child resides.
    ``(3)(A) Subject to subparagraph (B), an employee who is subject to 
a court or administrative order described under this section may not 
discontinue the self and family enrollment in a plan that provides full 
benefits and services in the location in which the child resides for 
the period that the court or administrative order remains in effect if 
the child meets the requirements of section 8901(5) during such period.
    ``(B) Enrollment described under subparagraph (A) may be 
discontinued if the employee provides documentation demonstrating that 
the required coverage has been provided through other health 
insurance.''.

SEC. 3. FEDERAL EMPLOYEES' RETIREMENT SYSTEM ANNUITY SUPPLEMENT 
              COMPUTATION.

    Section 8421a(b) of title 5, United States Code, is amended by 
adding at the end the following new paragraph:
            ``(5) Notwithstanding paragraphs (1) through (4), the 
        reduction required by subsection (a) shall be effective during 
        the 12-month period beginning on the first day of the seventh 
        month after the end of the calendar year in which the excess 
        earnings were earned.''.
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