Text: S.2730 — 102nd Congress (1991-1992)All Information (Except Text)

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S 2730 IS
102d CONGRESS
2d Session
S. 2730
To amend title 10, United States Code, to permit certain personnel who are
involuntarily separated from the Armed Forces to enroll temporarily in health
benefits plans of the Federal Employee Health Benefits Program.
IN THE SENATE OF THE UNITED STATES
May 14 (legislative day, MARCH 26), 1992
 Mr. SARBANES introduced the following bill; which was read twice and referred
 to the Committee on Governmental Affairs
A BILL
To amend title 10, United States Code, to permit certain personnel who are
involuntarily separated from the Armed Forces to enroll temporarily in health
benefits plans of the Federal Employee Health Benefits Program.
  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 `Military Personnel Transitional Health
  Benefits Improvements Act of 1992'.
SEC. 2. OPTION FOR SUPPLEMENTARY HEALTH CARE UNDER THE FEDERAL EMPLOYEES
HEALTH BENEFITS PROGRAM.
  (a) IN GENERAL- Chapter 58 of title 10, United States Code, is amended by
  inserting after section 1145 the following new section:
`Sec. 1145a. Supplementary transitional health benefits
  `(a) FEHBP COVERAGE- Upon the expiration of the availability of transitional
  health care under section 1145(a) of this title to a person who was
  involuntarily separated from active duty with one of the armed forces
  during the period referred to in that section, such person may enroll
  for individual or for self and family in any health benefits plan that is
  available under chapter 89 of title 5 to civilian employees of the military
  department of that armed force.
  `(b) TREATMENT AS CONTINUED EMPLOYEE COVERAGE- (1) Section 8905a of title
  5 shall be applied to a person enrolling in a health benefits plan under
  subsection (a), to the extent practicable, as if such person had been
  separated involuntarily (other than for gross misconduct) from civilian
  employment by the military department referred to in subsection (a).
  `(2) In the application of section 8905a of title 5 to a person under
  paragraph (1)--
  `(A) the date of the expiration of the availability of transitional health
  care under section 1145(a) of this title to that person shall be deemed
  to be the date of separation from employment; and
  `(B) the person shall be treated as if he had been enrolled in the health
  benefits plan of his choice immediately before that date.
  `(c) IMPLEMENTATION- The Director of the Office of Personnel Management shall
  take such contracting actions as are necessary to implement this section.
  `(d) RETROACTIVE APPLICATION- (1) The Director of the Office of Personnel
  Management shall provide a period for the enrollment for health benefits
  coverage under this section by persons for whom the availability of
  transitional health care under section 1145(a) of this title expires before
  this section is implemented.
  `(2) Notwithstanding subsection (b)(2)(A), in the application of section
  8905a of title 5 to a person enrolling in a health benefits plan during
  the period of open enrollment provided under paragraph (1), such person
  shall be deemed to have been separated from employment on the date on
  which the Director declares this section implemented.
  `(e) REGULATIONS- The Director of the Office of Personnel Management, in
  consultation with the Secretary of Defense, shall prescribe regulations
  to carry out the provisions of this section.  The regulations shall apply
  uniformly with respect to the Army, Navy, Air Force, and Marine Corps.'.
  (b) TABLE OF SECTIONS- The table of sections at the beginning of such
  chapter is amended by inserting after the item relating to section 1145
  the following new item:
`1145a. Supplementary transitional health benefits.'.
SEC. 3. CONVERSION HEALTH POLICIES.
  Section 1145 of title 10, United States Code, is amended--
  (1) by redesignating subsection (d) as subsection (e); and
  (2) by inserting after subsection (c) the following new subsection (d):
  `(d) TERMINATION OF APPLICABILITY OF CONVERSION HEALTH POLICIES- (1) No
  person may purchase a conversion health policy on or after the date on which
  section 1145a of this title is implemented, as announced by the Director
  of the Office of Personnel Management. A person covered by a conversion
  health policy on that date may cancel that policy and enroll in a health
  benefits plan under such section pursuant to subsection (d) of that section.
  `(2) No person may be covered concurrently by a conversion health policy
  under this section and a health benefits plan under section 1145a of
  this title.'.