What are the Spouse Equity provisions?
The Spouse Equity provisions of law allow
the former spouse of a Federal employee or
annuitant to enroll in FEHB if he or she:
- Was covered under FEHB as a family
member at some time during the 18 months
before the marriage ended,
- Has not remarried before reaching age 55,
and
- Has a qualifying court order (a court order
that awards the former spouse a portion of the
employee's or retiree's annuity benefit or a
survivor benefit based on the employee's or
retiree's Federal service).
The cost of coverage under the Spouse Equity
provisions is slightly less than under TCC (temporary
continuation of coverage). Spouse equity
enrollees pay the full premiums (both the
employee and Government shares), but they
do not pay the extra 2 percent administrative
charge.
Coverage under a Spouse Equity enrollment does
not begin until after the Office of Personnel
Management has reviewed the court order to
determine if it is "qualifying" and the employing
office gets both the election form and proof that
the former spouse is eligible for coverage under
the Spouse Equity provisions. The former spouse
can enroll under TCC while waiting for the
Spouse Equity coverage to begin to avoid any
gap in health insurance coverage.
There is no specific time limit on how long
Spouse Equity enrollments can continue. The
enrollment can continue as long as the former
spouse meets the requirements given above and
pays the premiums when they are due. If the
former spouse loses eligibility under the spouse
equity provisions (for example, he or she
remarries before reaching age 55) before the
36-month period for TCC runs out, the former
spouse can change to a TCC enrollment, which
can continue for the remainder of the 36-month
period. (See "Changing from a Spouse Equity
enrollment to a TCC enrollment")
If you need more information about the
Spouse Equity provisions, ask your employing
office or see the Federal Employees Health
Benefits (FEHB) Handbook at
www.opm.gov/insure/health/reference/handbook/FEHB31.asp
.