S.Amdt. 1992

1. Adds SEC. ----. PARTICIPATION OF FEDERAL EMPLOYEES IN QUALIFIED HEALTH PLANS OFFERED THROUGH EXCHANGES wherever appropriate

   Adds a section

   Inserted: SEC. ----. PARTICIPATION OF FEDERAL EMPLOYEES IN QUALIFIED HEALTH PLANS OFFERED THROUGH EXCHANGES.

   Inserted: (a) In General.--Section 1312(d)(3)(D) of the Patient Protection and Affordable Care Act (42 U.S.C. 18032(d)(3)(D)) is amended to read as follows:

   Inserted: "(D) No fehbp eligibility for federal employees.--

   Inserted: "(i) Definitions.--In this subparagraph--

   Inserted: "(I) the terms 'annuitant', 'member of family', and 'former spouse' have the meanings given those terms under section 8901 of title 5, United States Code; and

   Inserted: "(II) the term 'Federal employee'--

   Inserted: "(aa) has the meaning given the term 'employee' under section 8901 of title 5, United States Code; and

   Inserted: "(bb) includes an officer or employee of the United States Postal Service or the Postal Regulatory Commission.

   Inserted: "(ii) Participation in qualified health plans.--Notwithstanding chapter 89 of title 5, United States Code, or any other provision of this title, on and after January 1, 2014--

   Inserted: "(I) a Federal employee shall be treated as a qualified individual eligible to enroll in a qualified health plan offered through an Exchange in the State in which the Federal employee resides; and

   Inserted: "(II) a Federal employee and a member of the family or former spouse of a Federal employee shall not be eligible to be enrolled (other than as an annuitant or a member of the family or former spouse of an annuitant) in a health benefits plan under chapter 89 of title 5, United States Code.

   Inserted: "(iii) Administration.--

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   Inserted: "(I) In general.--The Director of the Office of Personnel Management, in cooperation with the Secretary, other appropriate Federal officials, Exchanges, and health plans, shall establish procedures to carry out this subparagraph.

   Inserted: "(II) No government contribution.--For an individual enrolled in a qualified health plan under this subparagraph, the Government may not make a contribution under chapter 89 of title 5, United States Code, with respect to such enrollment.".

   Inserted: (b) Technical and Conforming Amendments.--Chapter 89 of title 5, United States Code, is amended--

   Inserted: (1) in section 8905--

   Inserted: (A) in subsection (a), by striking "An employee" and inserting "Except as provided in section 8915, an employee";

   Inserted: (B) in subsection (b)--

   Inserted: (i) by striking "(b) An annuitant" and all that follows through the end of paragraph (2) and inserting the following:

   Inserted: "(b) An annuitant--

   Inserted: "(1) who--

   Inserted: "(A) at the time he becomes an annuitant was enrolled in a health benefits plan under this chapter as an employee or enrolled in a qualified health plan under section 1312(d)(3)(D) of the Patient Protection and Affordable Care Act (42 U.S.C. 18032(d)(3)(D)) for a total period of not less than--

   Inserted: "(i) the 5 years of service immediately before retirement;

   Inserted: "(ii) the full period or periods of service between the last day of the first period, as prescribed by regulations of the Office of Personnel Management, in which he is eligible to enroll in the plan and the date on which he becomes an annuitant; or

   Inserted: "(iii) the full period or periods of service beginning with the enrollment which became effective before January 1, 1965, and ending with the date on which he becomes an annuitant; whichever is shortest; and

   Inserted: "(B) if the annuitant becomes an annuitant on or after January 1, 2014, was enrolled in a health benefits plan under this chapter on December 31, 2013;

   Inserted: "(2) who is a member of the family of an employee who--

   Inserted: "(A) is enrolled in a qualified health plan under section 1312(d)(3)(D) of the Patient Protection and Affordable Care Act (42 U.S.C. 18032(d)(3)(D)); and

   Inserted: "(B) was enrolled in a health benefits plan under this chapter on December 31, 2013; or

   Inserted: "(3) who at the time he becomes an annuitant was enrolled in a health benefits plan under this chapter as a member of the family of an employee or an annuitant;"; and

   Inserted: (ii) in the matter following paragraph (2), by striking "may continue his enrollment" and inserting "may enroll in a health benefits plan under this chapter";

   Inserted: (C) in subsection (c)(1), in the matter preceding subparagraph (A), by inserting "of an individual who is entitled, on the date of the dissolution of the marriage, to enroll in a health benefits plan under this chapter" after "A former spouse"; and

   Inserted: (D) in subsection (h)(1), by inserting "who is otherwise eligible to enroll in a health benefits plan under this chapter and" after "An unenrolled employee";

   Inserted: (2) in section 8905a(b)(1)--

   Inserted: (A) in subparagraph (A), by striking "and" at the end;

   Inserted: (B) by redesignating subparagraph (B) as subparagraph (C); and

   Inserted: (C) by inserting after subparagraph (A) the following:

   Inserted: "(B) on the date on which the employee is separated from service, is eligible to enroll in a health benefits plan under this chapter; and";

   Inserted: (3) by adding at the end the following:

   Inserted: "Sec. 8915. Termination of employee eligibility "Notwithstanding any other provision of this chapter, on and after January 1 2014--

   Inserted: "(1) an employee and a member of the family and a former spouse of an employee shall not be eligible to enroll in a health benefits plan under this chapter based on the status of the employee as an employee; and

   Inserted: "(2) no Government contribution for health benefits under this chapter shall be made on behalf of an employee or a member of the family or a former spouse of an employee."; and

   Inserted: (4) in the table of sections, by adding at the end the following:

   Inserted: "8915. Termination of employee eligibility.".

   Inserted: (c) Rules of Construction.--Nothing in this Act or an amendment made by this Act shall be construed to limit the eligibility of an individual for the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) or the TRICARE program under chapter 55 of title 10, United States Code.

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As printed