Public Law 106-394, the "Federal Employees Health Benefits Children's Equity Act of 2000, " requires agencies to ensure that employees, who are required to do so by a court or administrative order, provide health benefits coverage for their children. Agencies are required to enroll employees in the FEHB, if they do not voluntarily enroll or purchase other health benefits coverage. BAL 00-224 discusses in detail the effect of Public Law 106-394 and can be downloaded from our web-site at http://www.opm.gov/asd/index.htm.

After they are involuntarily enrolled in the FEHB, these employees face restrictions as to the type of enrollment changes they may make while subject to the court or administrative order. Since they will have the capability to attempt to change their FEHB enrollment via Employee Express, we need to ensure that only authorized changes are accepted. Therefore, to prevent unauthorized enrollment changes, agencies must "intercept" all FEHB enrollment changes attempted by these employees via Employee Express. Such enrollment changes may be processed into payroll systems only after personnel offices have given specific approval to do so. If this procedure results in the delay of authorized enrollment changes, they should be processed retroactively.

You will recognize employees involuntarily enrolled in the FEHB by the SF 2809s prepared by your personnel office. The SF 2809s will include the following annotation in the "remarks" block in Part H:

"Being enrolled for self an family coverage involuntarily under Public Law 106-394"

Please review the changes you have processed during the recent Open Season to ensure that employees effected by Public Law 106-394 have not made unauthorized enrollment elections. If you find that you have processed such unauthorized changes, discuss the appropriate remedies with your personnel office as soon as practicable.

If you have any questions regarding this information, we would prefer that you email us at finance@opm.gov, so that we have a record of our communication. You may also phone us on (202) 606-1289.

Robert A. Yuran Financial Policy Staff Retirement and Insurance Service

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