---
kind: "section"
citation: "5 C.F.R. § 894.809"
title: "5"
number: "894.809"
heading: "Who is a TEI certifying family member, and may I be the enrollee if I accept this responsibility?"
url: "https://uscodex.org/cfr/5/894.809"
---

# §894.809. Who is a TEI certifying family member, and may I be the enrollee if I accept this responsibility?

- (a) **TEI certifying family member—** means, where the sponsor is not an enrollee under [§ 894.309](/cfr/5/894.309.md), the TEI family member in order of precedence, as set forth in [paragraph (b)](#b) of this section, who may accept responsibility to self-certify as the enrollee by enrolling and, if appropriate, covering the sponsor's TEI family members by electing a self plus one or self and family type of enrollment. Accepting responsibility to self-certify as the enrollee includes consulting all TEI family members regarding their preference for coverage under the enrollment, electing an appropriate plan, option, and type of enrollment.
- (b) The following order of precedence governs which TEI family member may self-certify as the enrollee:
  - (1) An unremarried surviving spouse of a retiree or Medal of Honor recipient, if any, is the TEI certifying family member who may enroll and cover surviving TEI child(ren) of the retiree.
  - (2) If there is no unremarried surviving spouse of a retiree or Medal of Honor recipient, the surviving TEI child of a retiree who accepts responsibility to self-certify as the enrollee is the TEI certifying family member who may enroll and cover other surviving child(ren) who are TEI family member(s) of the deceased retiree.
  - (3) The TEI family member who is a spouse is the TEI certifying family member who may enroll and cover other TEI family member(s).
  - (4) If there is no spouse, the TEI family member who accepts responsibility to self-certify as the enrollee is the TEI certifying family member who may enroll and cover other TEI family member(s).
- (c) In the event that the TEI family member or TEI certifying family member is a minor child or a disabled adult dependent, a legal guardian may exercise the TEI's rights on his or her behalf.
- (d) Accepting responsibility to self-certify as the enrollee means that you accept the Administrator's authority to make reconsideration decisions under [§ 894.104](/cfr/5/894.104.md) and OPM's authority to correct enrollments under [§ 894.105](/cfr/5/894.105.md).

## Notes

### Source

Source: 83 FR 58180, Nov. 19, 2018, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 8962; 5 U.S.C. 8992; Subpart C also issued under section 1 of Pub. L. 110-279, 122 Stat. 2604 (2 U.S.C. 2051); and Sec. 894.601(b) also issued under Pub. L. 116-92, 133 Stat. 1198 (5 U.S.C. 8956 note).

### Source

Source: 73 FR 50184, Aug. 26, 2008, unless otherwise noted.