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Federal Register / Vol. 86, No. 199 / Tuesday, October 19, 2021 / Proposed Rules 894.301 Am I eligible to enroll in FEDVIP
as an employee?

d You are an employee in a position identified by OPM that provides emergency response services for wildland fire protection pursuant to 5
CFR 890.102h; or you are an employee whose employing agency performs similar types of emergency response services pursuant to 5 CFR 890.102i.
OPM may limit the coverage of intermittent employees to the periods of time during which they are in a pay status pursuant to 5 CFR 890.102i.
10. Amend 894.302 by:
a. Revising the introductory text.
b. Removing the undesignated paragraph following the introductory text.
c. In paragraph e3:
i. Removing 316.401 and 316.403 and adding 316.401 and 316.403 in its place.
ii. Removing the word or at the end of the sentence.
d. In paragraph e4, removing the period at the end of the sentence and adding ; or in its place.
e. Adding paragraph e5.
f. Revising paragraphs f and g.
g. Adding paragraphs l and m.
The revisions and additions read as follows:

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894.302

What is an excluded position?

Excluded positions are described in 5
U.S.C. 89011i, ii, iii, and iv and 5 CFR 890.102c1 through 8. You are in an excluded position if you are:

e
5 You are an employee working on a temporary appointment and if you meet the conditions in 5 CFR 890.102j, you are eligible to enroll in a FEDVIP
plan upon notification by your employing office.
f Expected to work fewer than six months in each year. Exceptions: You are eligible if:
1 You receive an appointment of at least one years duration as an Intern under 5 CFR 213.3402a. To qualify, you must be expected to be in a pay status for at least one-third of the total period of time from the date of the first appointment to the completion of the work-study program.
2 You are an employee working on a seasonal schedule of less than 6
months in a year, and if you meet the conditions in 5 CFR 890.102j, you are eligible to enroll in a FEDVIP plan upon notification by your employing office.
g An intermittent employee a nonfull-time employee without a prearranged regular tour of duty.
Exception: If you are an employee
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working on an intermittent schedule and if you meet the conditions in 5 CFR
890.102j, you are eligible to enroll in a FEDVIP plan upon notification by your employing office.

l For purposes of this subpart, qualifying leave without pay hours means hours of leave without pay for purposes of taking leave under the Family and Medical Leave Act for performance of duty in the Uniformed Services under the Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. 4301 et seq., for receiving medical treatment under Executive Order 5396 July 7, 1930, and for periods during which workers compensation is received under the Federal Employees Compensation Act, 5
U.S.C. chapter 81. m Once an employee is properly enrolled under paragraphs e through g of this section and meets the conditions in 5 CFR
890.102j, enrollment will not be terminated, regardless of his or her actual work schedule or employer expectations in subsequent years, unless the employee separates from service, receives a new appointment in which case eligibility will be determined by the rules in this part applicable to the new appointment, or otherwise meets one of the circumstances for termination or cancellation of coverage in 894.601
and 894.602.
Subpart DCost of Coverage 11. Amend 894.403 by revising paragraphs b3 and 4 to read as follows:

894.403 Are FEDVIP premiums paid on a pre-tax basis?

b
3 Your enrollment change was made effective retroactively which resulted in additional premium withholdings, unless it is as a result of birth or adoption of a child;
4 You have been approved to pay premiums directly to the Administrator;
or

Subpart EEnrollment and Changing Enrollment 12. Revise 894.501 to read as follows:

894.501

When may I enroll?

You may enroll:
a During the annual open season;
b Within 60 days after you first become eligible as:
1 A new employee;

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2 A previously ineligible employee who transfers to a covered position;
3 A new survivor annuitant, if not already covered under FEDVIP;
4 A Federal employee or USPS
employee working on a temporary appointment as stated in 894.302e5;
a Federal employee or USPS employee working on a seasonal schedule as stated in 894.302f; or a Federal employee or USPS employee working on an intermittent schedule as stated in 894.302g;
5 An employee in a position identified by OPM that provides emergency response services for wildland fire protection pursuant to 5
CFR 890.102h; or an employee whose employing agency performs similar types of emergency response services pursuant to 5 CFR 890.102i;
6 A TEI certifying family member, but only if, on your first date of eligibility to enroll, your sponsor is not a TEI or is deceased, or for FEDVIP
dental coverage, if your sponsor is defined at 5 CFR 890.309a3iii; or 7 A TEI former spouse;
c Within 60 days of when you return to Federal employment following a break in service of at least 30 days;
d From 31 days before you or an eligible family member loses other dental or vision coverage to 60 days after a QLE that allows you to enroll;
e For a sponsor who becomes eligible as a TEI, from 31 days before you lose other dental or vision coverage as an active duty service member to 60
days after you become eligible to enroll as a uniformed services retiree who is a TEI;
f From 31 days before you get married to 60 days after;
g Within 60 days after returning to Federal employment after being on leave without pay if you did not have Federal dental or vision coverage prior to going on leave without pay, or your coverage was terminated or canceled during your period of leave without pay;
h Within 60 days of your annuity or compensation being restored after having been terminated; or i For a TEI, within 60 days of your uniformed services pay or uniformed services retirement pay being restored after having been reduced, forfeited, or terminated.
13. Amend 894.502 by revising paragraphs b through d to read as follows:
894.502 What are the Qualifying Life Events QLEs that allow me to enroll or become covered in FEDVIP outside of open season?

b Your annuity or compensation is restored after having been terminated;

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