US Code

Public Law 119-73 (01/23/2026)

5 U.S.C. § 8908

Coverage of restored employees and survivor or disability annuitants

(a)
An employee enrolled in a health benefits plan under this chapter who is removed or suspended without pay and later reinstated or restored to duty on the ground that the removal or suspension was unjustified or unwarranted may, at his option, enroll as a new employee or have his coverage restored, with appropriate adjustments made in contributions and claims, to the same extent and effect as though the removal or suspension had not taken place.
(b)
A surviving spouse whose survivor annuity under this title was terminated because of remarriage and is later restored may, under such regulations as the Office of Personnel Management may prescribe, enroll in a health benefits plan described by section 8903 or 8903a of this title if such spouse was covered by any such plan immediately before such annuity was terminated.
(c)
section 8337 of this title A disability annuitant whose disability annuity under was terminated and is later restored under the second or third sentence of subsection (e) of such section may, under regulations prescribed by the Office, enroll in a health benefits plan described by section 8903 or 8903a of this title if such annuitant was covered by any such plan immediately before such annuity was termi­nated.
(d)
A surviving child whose survivor annuity under section 8341(e) or 8443(b) was terminated and is later restored under paragraph (4) of section 8341(e) or the last sentence of section 8443(b) may, under regulations prescribed by the Office, enroll in a health benefits plan described by section 8903 or 8903a if such surviving child was covered by any such plan immediately before such annuity was terminated.

Pub. L. 89–55480 Stat. 605Pub. L. 94–342, § 1(a)90 Stat. 808Pub. L. 95–454, title IX, § 906(a)(2)92 Stat. 1224Pub. L. 99–5399 Stat. 94Pub. L. 104–208, div. A, title I, § 101(f) [title VI, § 633(a)(3)]110 Stat. 3009–314(, , ; , , ; , , ; , §§ 2(a), 3(a)(1), (2)(A), , , 95; , , , 3009–363.)

Historical and Revision Notes

Derivation

U.S. Code

Revised Statutes and

Statutes at Large

 

5 U.S.C. 3009(c).

Sept. 28, 1959, Pub. L. 86–382, § 10(c), 73 Stat. 715.

 

 

Mar. 17, 1964, Pub. L. 88–284, § 1 (less (1)–(13)), 78 Stat. 165.

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

Editorial Notes

Amendments

Pub. L. 104–2081996—Subsec. (d). added subsec. (d).

Pub. L. 99–53, § 3(a)(2)(A)1985—, inserted “or disability” after “and survivor” in section catchline.

Pub. L. 99–53, § 2(a)section 8903a of this titleSubsec. (b). , inserted reference to .

Pub. L. 99–53, § 3(a)(1)Subsec. (c). , added subsec. (c).

Pub. L. 95–4541978—Subsec. (b). substituted “Office of Personnel Management” for “Civil Service Commission”.

Pub. L. 94–3421976— designated existing provisions as subsec. (a), added subsec. (b), and substituted “employees and survivor annuitants” for “employee” in section catchline.

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Pub. L. 104–208Pub. L. 104–208section 8341 of this titleAmendment by applicable with respect to termination of marriage taking effect before, on, or after , except that benefits are payable only with respect to amounts accruing for periods beginning on first day of month beginning after the later of termination of marriage or , see section 101(f) [title VI, § 633(b)] of , set out as a note under .

Effective Date of 1978 Amendment

Pub. L. 95–454section 907 of Pub. L. 95–454section 1101 of this titleAmendment by effective 90 days after , see , set out as a note under .

Effective Date of 1976 Amendment

Pub. L. 94–342, § 290 Stat. 808

“The amendments made by the first section of this Act [amending this section] shall take effect on , or on the date of the enactment of this Act [], whichever date is later. Such amendments shall apply with respect to individuals whose survivor annuities are restored before, on, or after such date.”
, , , provided that:

Insurance Coverage for Restored Disability Annuitants

section 8337(e) of this titlesection 8337(e) of this titlesection 8337(e) of this titlesection 3(c) of Pub. L. 99–53section 8706 of this titleFor provisions directing that subsec. (c) of this section shall apply with respect to any individual whose disability annuity is or was restored under after , directing that the Office of Personnel Management notify each individual of any rights which such individual may have under subsec. (c) of this section, including any procedures or deadlines which might apply with respect to the exercise of those rights, directing that such notification be provided to any individual who, as of the 90th day after , is receiving a disability annuity which was restored to such individual under after , directing that nothing in subsec. (c) of this section be construed to authorize coverage under this chapter in the case of any individual who becomes enrolled in a health benefits plan under subsec. (c) of this section for any period before the date as of which such individual becomes so enrolled, and directing that such rule of construction apply with respect to any individual receiving a disability annuity which is or was restored under after , and before the expiration of the 90-day period beginning on , see , set out as a note under .