part. The appeal shall be made in writing, within 90 calendar days of the determination, to the Board of Appeals and Review, U.S. Civil Service Commission, Washington, D.C. 20415.

(b) The Commission may order correction of administrative errors at any time.

(c) The Commission does not adjudicate individual claims for payment or service under health benefits plans, nor does it arbitrate or attempt to compromise disputes between retired employees and carriers as to claims for payment or service.

Subpart B-Election and Change of Election

(a) The original period for election by each eligible retired employee was during the months of March and April, 1961. Failure to elect when eligible to do so is deemed an election not to participate in the program unless the failure is determined by the retirement office to be for cause beyond the control of the retired employee. In any case in which annuity or compensation is being paid to a payee in behalf of a retired employee, the payee shall make the election for the retired employee.

(b) (1) A retired employee may elect to participate in the program for self alone or for self and family.

(2) Survivors, if actually or constructively living in the same household, have only one right of election among them. The election shall be made by the payee. The fact that one payee is receiving annuity or compensation for all members of the family is prima facie evidence that they are living in the same household. The existence of more than one payee is prima facie evidence that each payee and the survivors in whose behalf the payee is receiving annuity or compensation constitute a separate household, and each payee may elect for the survivors in whose behalf he is receiving annuity or compensation, but where a family is receiving annuity or compensation through more than one payee, one payee, with the consent of the other payees, may elect for the whole family.

(3) A retired employee may not be covered under more than one election.

(4) A retired employee who is entitled to more than one annuity or to compensation and annuity is entitled to only one election.

(c) Each retired employee who elects

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to receive a Government contribution toward the cost of a private health benefits plan shall file with his election a certificate of the carrier, on the form prescribed by the Commission for the purpose, that he is a subscriber to a health benefits plan. The Commission, or the appropriate retirement office, at any time may require that a retired employee renew the certificate, or may take such other action as it considers desirable to verify the continuing eligibility of the retired employee to receive a Government contribution. The appropriate retirement office may suspend the Government contribution when there is a reasonable doubt of the retired employee's continuing eligibility to receive the Government. contribution.

(d) In the discretion of the retirement office, a representative of the retired employee having a written authorization to do so may elect for him.

(e) A person who was not eligible, during the months of March and April 1961, to elect to subscribe to the uniform plan or to receive a Government contribution toward the cost of a private health benefits plan, may apply to the appropriate retirement office when he becomes eligible. If the retirement office determines that he is eligible, it shall notify the retired employee that he is eligible to make an election in accordance with paragraphs (a) to (d) of this section within 60 days of the date of the notice. If the retirement office determines that a retired employee was unable, for cause beyond his control, to make an election within the time limits prescribed by this section, it shall notify the retired employee that he is eligible to make an election in accordance with paragraphs (a) to (d) of this section within 60 days of the date of the notice. Elections made under this paragraph are effective, for a retired employee receiving annuity and a survivor receiving compensation, on the first day of the third month following the month in which the retirement office receives the election. Withholdings and contributions are effective for months beginning on and after the first day of the second month following the month in which the retirement office receives the election. For any other retired employee receiving compensation, changes of election made under this paragraph are effective on the first day of the third 4-week period following the 4-week period in which the Bureau of Employees'

(d) Two changes may be made by the same notice. Example: A retired employee originally elected to receive a Government contribution for self and family toward the cost of a private health benefits plan. The subscription to the private health benefits plans is terminated March 15, 1962. He notifies the retirement office of the termination and at the same time notifies the retirement office that he wishes to elect the uniform plan (basic only) for self and family. The retirement office receives the notice March 22, 1962. His election becomes an election not to participate on April 1, 1962, and the Government contribution is not added to the annuity or compensation accrued for March 1962. On July 1, 1962, the family is covered by the basic coverage of the uniform plan, and withholdings and contributions are made for the annuity or compensation accruing in June 1962.

Subpart C-Suspension and
Termination

§ 891.301

Suspension and termination. (a) When used in this section, “month” includes the 4-week period for which a retired employee (other than a survivor) receives compensation.

(b) When compensation is entirely suspended or annuity is entirely waived or suspended, Government contributions are suspended. If the election is to subscribe to the uniform plan, and the annuity or compensation is suspended, or the annuity is waived to the extent that the retired employee's share of the cost cannot be withheld, withholdings and Government contributions are suspended, but the subscription continues.

(c) If the waiver or suspension covers 3 months or less, Government contributions and withholdings for the period of waiver or suspension shall be made when annuity payment is resumed. If the waiver or suspension covers more than 3 months, the retired employee's election is terminated effective at the end of the third month of waiver or suspension. A terminated election is renewed when annuity or compensation payment is resumed. When a terminated election is renewed pursuant to this paragraph, withholdings and Government contributions shall be made for the first 3 months of the waiver or suspension. Withholdings and Government contributions shall be made for annuity or compensation accruing after the election is renewed.

(d) If title of a retired employee to annuity or compensation is terminated, his eligibility under this part is terminated.

(e) If the eligibility of a retired employee is terminated and other members of the same family continue to be eligible under this part, the election of the former retired employee continues for the remainder of the family unless and until changed in accordance with § 891.202.

Subpart D-Contributions and
Withholdings

Government contributions.
shall pay,

Commission

§ 891.401 (a) The through the retirement office, $3.50 monthly to each retired employee receiving annuity and to each survivor receiving compensation who elects to receive a Government contribution toward the cost of a private health benefits plan in which he is a subscriber for self alone, and $7.00 monthly to each retired employee receiving annuity and to each survivor receiving compensation who so elects toward the cost of a private health benefits plan in which he is a subscriber for self and family. The Commission shall pay, through the Bureau of Employees' Compensation $3.27 each 4-week period to each retired employee, other than a survivor, who is receiving compensation and who elects to receive a Government contribution toward the cost of a private health benefits plan in which he is a subscriber for self alone, and $6.53 each 4-week period to each who so elects toward the cost of a private health benefits plan in which he is a subscriber for self and family. The Commission shall not pay, in any case, more than the cost of the private health benefits plan each month or 4-week period, as the case may be.

(b) The Commission shall contribute to the cost of the uniform plan $3.50 monthly for each retired employee receiving annuity and each survivor receiving compensation, and $3.27 each 4-week period for any other retired employee receiving compensation, for an election for self alone; and $7.00 monthly for each retired employee receiving annuity and each survivor receiving compensation, and $6.53 each 4-week period for any other retired employee receiving compensation, for an election for self and family. Election to subscribe to the uniform plan constitutes agreement by the retired employee that the retirement of

fice may withhold from his annuity or compensation his share of the cost of the plan, as provided by this part.

(c) The Government shall contribute to the Retired Federal Employees Health Benefits Fund 2 percent of the total Government contribution authorized by this section, for payment of expenses incurred by the Commission in administering this part.

§ 891.402 Withholdings.

The appropriate retirement office shall withhold from the annuity or compensation of each of its retired employees who has elected to subscribe to the uniform plan so much as is necessary to pay his share of the cost of his subscription. The withholdings shall be forwarded, in accordance with the Commission's instructions, to the Retired Employees Health Benefits Fund.

Subpart E-Standards for Uniform Plan and Carrier

§ 891.501

Standards for uniform plan. The uniform plan shall be open to all eligible retired employees and members of their families, without regard to race, sex, health status, or age. It shall not deny or limit benefits because of any preexisting condition. It shall offer a choice among basic coverage only, major medical coverage only, and basic plus major medical coverage. It shall provide a 31-day extension of coverage on termination of subscription other than by change of election or termination of the contract. A person confined in hospital for care or treatment on the 31st day of the extension of coverage shall be entitled to continuation of the benefits of the contract during the continuance of the confinement, but not beyond the 60th day following the end of the extension of coverage. The uniform plan shall be experience-rated. § 891.502

Standards for carrier of uniform plan.

In the most recent year for which data are available, the carrier of the uniform plan shall have made at least 1 percent of all group health insurance benefit payments in the United States. If the carrier is an insurance company, it must be licensed to issue group health insurance in all the States of the United States and the District of Columbia.

Proposed findings and conclusions before presiding officer. Recommended decision. Commission's adjudication. 930.234 Report of action taken.

930.232 930.233

SOURCE: The provisions of this Part 930 appear at 33 F.R. 12519, Sept. 4, 1968, unless otherwise noted.

(a) "Agency" means a department, independent establishment, or other unit of the executive branch of the Federal Government, including a wholly owned Government corporation, in the States of the Union, the District of Columbia, Puerto Rico, and the territories and possessions of the United States.

(b) "Employee" means an employee of an agency in either the competitive or excepted service or an enrollee of the Job Corps established by section 102 of the Economic Opportunity Act of 1964 (42 U.S.C. 2712).

(c) "Federal medical officer" means a physician who is a Government employee, civilian or military, paid on a salary basis.

(d) "Identification card" means the United States Government Motor Vehicle Operator's Identification Card, Standard Form 46, which names the types of Government-owned vehicles the holder is authorized to operate.

(e) "Incidental operator" means an employee in other than an operator position who is required to operate a Government-owned motor vehicle in order properly to carry out his assigned duties.

(f) "Motor vehicle" means a vehicle, self-propelled, or drawn by mechanical power, designed and operated principally for highway transportation of property or passengers, but does not include a vehicle (1) designed or used for military field training, combat, or tactical purposes; (2) used principally within the confines of a regularly established military post, camp, or depot; or (3) regularly used by an agency in the performance of investigative, law enforcement, or intelligence duties if the head of the

agency determines that exclusive control of the vehicle is essential to the effective performance of those duties.

(g) "Operator" means an employee who is regularly required to operate Government-owned motor vehicles. This includes a chauffeur, mounted messenger, truck driver, garageman-driver, and guard-driver.

(h) "Practical road test" means the Commission's Test No. 347.

(i) "State license" means a valid driver's license of the State, District of Columbia, Puerto Rico, or territory or possession of the United States in which the employee is domiciled or principally employed.

This subpart governs agencies in authorizing their employees to operate Government-owned motor vehicles for official purposes within the States of the Union, the District of Columbia, Puerto Rico, and the territories or possessions of the United States.

§ 930.104 Reports required.

An agency shall submit to the Commission, on request, (a) a copy of agency orders and directives issued in compliance with this subpart, and (b) such other reports as the Commission may require for adequate administration and evaluation of the motor vehicle operator program.

§ 930.105 Commission standards and procedures required.

An agency shall adopt and use the Commission's minimum standards and testing procedures in filing competitive and excepted operator positions unless the Commission authorizes, on agency request, the use of alternate standards and procedures which meet the objectives of the motor vehicle operator program.

§ 930.106 Competitive operator position.

An agency may fill competitive operator positions by any of the methods normally authorized for filling competitive positions. The experience and training requirements for competitive operator positions shall include (a) an experience requirement, (b) a safe driving record, (c) the possession of a State license, and (d) except as provided in § 930.107, a practical road test.