---
kind: "section"
citation: "5 U.S.C. § 8905a"
title: "5"
title_heading: "Government Organization and Employees"
number: "8905a"
heading: "Continued coverage"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/8905a"
units:
  - "Part III — Employees"
  - "Subpart G — Insurance and Annuities"
  - "Chapter 89 — Health Insurance"
---

# §8905a. Continued coverage

- (a) Any individual described in [subsection (b)](#b) may elect to continue coverage under this chapter in accordance with the provisions of this section.
- (b) This section applies with respect to—
  - (1) any [employee](/usc/5/4701.md?p=a-2) who—
    - (A) is separated from [service](/usc/5/8401.md?p=26), whether voluntarily or involuntarily, except that if the separation is involuntary, this section shall not apply if the separation is for gross misconduct (as defined under regulations which the [Office](/usc/5/5402.md?p=3) of Personnel Management shall prescribe); and
    - (B) would not otherwise be [eligible](/usc/5/4701.md?p=a-3) for any benefits under this chapter (determined without regard to any temporary extension of coverage and without regard to any benefits available under a nongroup contract);
  - (2) any individual who—
    - (A) ceases to meet the requirements for being considered an unmarried [dependent](/usc/5/8951.md?p=2) child under this chapter;
    - (B) on the day before so ceasing to meet the requirements referred to in [subparagraph (A)](#b-2-A), was covered under a [health benefits plan](/usc/5/8901.md?p=6) under this chapter as a [member](/usc/5/8401.md?p=20) of the family of an [employee](/usc/5/4701.md?p=a-2) or [annuitant](/usc/5/8401.md?p=2); and
    - (C) would not otherwise be [eligible](/usc/5/4701.md?p=a-3) for any benefits under this chapter (determined without regard to any temporary extension of coverage and without regard to any benefits available under a nongroup contract); and
  - (3) any [employee](/usc/5/4701.md?p=a-2) who—
    - (A) is enrolled in a [health benefits plan](/usc/5/8901.md?p=6) under this chapter;
    - (B) is a [member](/usc/5/8401.md?p=20) of a reserve component of the armed forces;
    - (C) is called or ordered to active duty in support of a contingency operation (as defined in [section 101(a)(13) of title 10](/usc/10/101.md?p=a-13));
    - (D) is placed on leave without [pay](/usc/5/7511.md?p=a-4) or separated from [service](/usc/5/8401.md?p=26) to perform active duty; and
    - (E) serves on active duty for a period of more than 30 consecutive days.
- (c)
  - (1) The [Office](/usc/5/5402.md?p=3) shall prescribe regulations and provide for the inclusion of appropriate terms in contracts with [carriers](/usc/5/8901.md?p=7) to provide that—
    - (A) with respect to an [employee](/usc/5/4701.md?p=a-2) who becomes (or will become) [eligible](/usc/5/4701.md?p=a-3) for continued coverage under this section as a result of separation from [service](/usc/5/8401.md?p=26), the separating [agency](/usc/5/3132.md?p=a-1) shall, before the end of the 30-day period beginning on the date as of which coverage (including any temporary extensions of coverage) would otherwise end, notify the individual of such individual’s rights under this section; and
    - (B) with respect to a child of an [employee](/usc/5/4701.md?p=a-2) or [annuitant](/usc/5/8401.md?p=2) who becomes [eligible](/usc/5/4701.md?p=a-3) for continued coverage under this section as a result of ceasing to meet the requirements for being considered a [member](/usc/5/8401.md?p=20) of the [employee](/usc/5/4701.md?p=a-2)’s or [annuitant](/usc/5/8401.md?p=2)’s family—
      - (i) the [employee](/usc/5/4701.md?p=a-2) or [annuitant](/usc/5/8401.md?p=2) may provide written notice of the child’s change in status (complete with the child’s name, address, and such other information as the [Office](/usc/5/5402.md?p=3) may by regulation require)—
        - (I) to the [employee](/usc/5/4701.md?p=a-2)’s employing [agency](/usc/5/3132.md?p=a-1); or
        - (II) in the case of an [annuitant](/usc/5/8401.md?p=2), to the [Office](/usc/5/5402.md?p=3); and
      - (ii) if the notice referred to in [clause (i)](#c-1-B-i) is received within 60 days after the date as of which the child involved first ceases to meet the requirements involved, the employing [agency](/usc/5/3132.md?p=a-1) or the [Office](/usc/5/5402.md?p=3) (as the case may be) must, within 14 days after receiving such notice, notify the child of such child’s rights under this section.
  - (2) In order to obtain continued coverage under this section, an appropriate written election (submitted in such manner as the [Office](/usc/5/5402.md?p=3) by regulation prescribes) must be made—
    - (A) in the case of an individual seeking continued coverage based on a separation from [service](/usc/5/8401.md?p=26), before the end of the 60-day period beginning on the later of—
      - (i) the effective date of the separation; or
      - (ii) the date the separated individual receives the notice required under [paragraph (1)(A)](#c-1-A); or
    - (B) in the case of an individual seeking continued coverage based on a change in circumstances making such individual ineligible for coverage as an unmarried [dependent](/usc/5/8951.md?p=2) child, before the end of the 60-day period beginning on the later of—
      - (i) the date as of which such individual first ceases to meet the requirements for being considered an unmarried [dependent](/usc/5/8951.md?p=2) child; or
      - (ii) the date such individual receives notice under [paragraph (1)(B)(ii)](#c-1-B-ii);

      except that if a parent fails to provide the notice required under [paragraph (1)(B)(i)](#c-1-B-i) in timely fashion, the 60-day period under this subparagraph shall be based on the date under [clause (i)](#c-2-B-i), irrespective of whether or not any notice under [paragraph (1)(B)(ii)](#c-1-B-ii) is provided.

- (d)
  - (1)
    - (A) Except as provided in paragraphs [(4)](#d-4), [(5)](#d-5), and [(6)](#d-6), an individual receiving continued coverage under this section shall be required to [pay](/usc/5/7511.md?p=a-4) currently into the [Employees](/usc/5/4701.md?p=a-2) Health Benefits [Fund](/usc/5/8401.md?p=6), under arrangements satisfactory to the [Office](/usc/5/5402.md?p=3), an amount equal to the sum of—
      - (i) the [employee](/usc/5/4701.md?p=a-2) and [agency](/usc/5/3132.md?p=a-1) contributions which would be required in the case of an [employee](/usc/5/4701.md?p=a-2) enrolled in the same [health benefits plan](/usc/5/8901.md?p=6) and level of benefits; and
      - (ii) an amount, determined under regulations prescribed by the [Office](/usc/5/5402.md?p=3), necessary for administrative expenses, but not to exceed 2 percent of the total amount under [clause (i)](#d-1-A-i).
    - (B) Payments under this section to the [Fund](/usc/5/8401.md?p=6) shall—
      - (i) in the case of an individual whose continued coverage is based on such individual’s separation, be made through the [agency](/usc/5/3132.md?p=a-1) which last employed such individual; or
      - (ii) in the case of an individual whose continued coverage is based on a change in circumstances referred to in [subsection (c)(2)(B)](#c-2-B), be made through—
        - (I) the [Office](/usc/5/5402.md?p=3), if, at the time coverage would (but for this section) otherwise have been discontinued, the individual was covered as the child of an [annuitant](/usc/5/8401.md?p=2); or
        - (II) if, at the time referred to in [subclause (I)](#d-1-B-ii-I), the individual was covered as the child of an [employee](/usc/5/4701.md?p=a-2), the [employee](/usc/5/4701.md?p=a-2)’s employing [agency](/usc/5/3132.md?p=a-1) as of such time.
  - (2) If an individual elects to continue coverage under this section before the end of the applicable period under [subsection (c)(2)](#c-2), but after such individual’s coverage under this chapter (including any temporary extensions of coverage) expires, coverage shall be restored retroactively, with appropriate contributions (determined in accordance with paragraph [(1)](#d-1), [(4)](#d-4), or [(5)](#d-5), as the case may be) and claims (if any), to the same extent and effect as though no break in coverage had occurred.
  - (3)
    - (A) An individual making an election under [subsection (c)(2)(B)](#c-2-B) may, at such individual’s option, elect coverage either as an individual or, if appropriate, for self plus one or for self and family.
    - (B) For the purpose of this paragraph, [members](/usc/5/8401.md?p=20) of an individual’s family shall be determined in the same way as would apply under this chapter in the case of an enrolled [employee](/usc/5/4701.md?p=a-2).
    - (C) Nothing in this paragraph shall be considered to limit an individual making an election under [subsection (c)(2)(A)](#c-2-A) to coverage for self alone.
  - (4)
    - (A) If the basis for continued coverage under this section is an involuntary separation from a [position](/usc/5/5102.md?p=a-3), or a voluntary separation from a surplus [position](/usc/5/5102.md?p=a-3), in or under the [Department](/usc/5/10101.md?p=4) of Defense due to a reduction in force, or the [Department](/usc/5/10101.md?p=4) of Energy due to a reduction in force resulting from the establishment of the National Nuclear Security [Administration](/usc/5/9801.md?p=1)—
      - (i) the individual shall be liable for not more than the [employee](/usc/5/4701.md?p=a-2) contributions referred to in [paragraph (1)(A)(i)](#d-1-A-i); and
      - (ii) the [agency](/usc/5/3132.md?p=a-1) which last employed the individual shall [pay](/usc/5/7511.md?p=a-4) the remaining portion of the amount required under [paragraph (1)(A)](#d-1-A).
    - (B) This paragraph shall apply with respect to any individual whose continued coverage is based on a separation occurring on or after the date of enactment of this paragraph and before—
      - (i) December 31, 2016; or
      - (ii) February 1, 2017, if specific notice of such separation was given to such individual before December 31, 2016.
    - (C) For the purpose of this paragraph, “surplus [position](/usc/5/5102.md?p=a-3)” means a [position](/usc/5/5102.md?p=a-3) which is identified in pre-reduction-in-force planning as no longer required, and which is expected to be eliminated under formal reduction-in-force procedures.
  - (5)
    - (A) If the basis for continued coverage under this section is an involuntary separation from a [position](/usc/5/5102.md?p=a-3) in or under the Department of Veterans Affairs due to a reduction in force or a [title 38](/usc/38.md) staffing readjustment, or a voluntary or involuntary separation from a [Department](/usc/5/10101.md?p=4) of Energy [position](/usc/5/5102.md?p=a-3) at a [Department](/usc/5/10101.md?p=4) of Energy facility at which the [Secretary](/usc/5/9901.md?p=2) is carrying out a closure project selected under section 4421[^1] of the Atomic Energy Defense Act—
      - (i) the individual shall be liable for not more than the [employee](/usc/5/4701.md?p=a-2) contributions referred to in [paragraph (1)(A)(i)](#d-1-A-i); and
      - (ii) the [agency](/usc/5/3132.md?p=a-1) which last employed the individual shall [pay](/usc/5/7511.md?p=a-4) the remaining portion of the amount required under [paragraph (1)(A)](#d-1-A).
    - (B) This paragraph shall only apply with respect to individuals whose continued coverage is based on a separation occurring on or after the date of the enactment of this paragraph.
  - (6)
    - (A) If the basis for continued coverage under this section is, as a result of the termination of the Space Shuttle Program, an involuntary separation from a [position](/usc/5/5102.md?p=a-3) due to a reduction-in-force or declination of a directed reassignment or transfer of function, or a voluntary separation from a surplus [position](/usc/5/5102.md?p=a-3) in the National Aeronautics and Space [Administration](/usc/5/9801.md?p=1)—
      - (i) the individual shall be liable for not more than the [employee](/usc/5/4701.md?p=a-2) contributions referred to in [paragraph (1)(A)(i)](#d-1-A-i); and
      - (ii) the National Aeronautics and Space [Administration](/usc/5/9801.md?p=1) shall [pay](/usc/5/7511.md?p=a-4) the remaining portion of the amount required under [paragraph (1)(A)](#d-1-A).
    - (B) This paragraph shall only apply with respect to individuals whose continued coverage is based on a separation occurring on or after the date of enactment of this paragraph and before December 31, 2010.
    - (C) For purposes of this paragraph, “surplus [position](/usc/5/5102.md?p=a-3)” means a [position](/usc/5/5102.md?p=a-3) which is—
      - (i) identified in pre-reduction-in-force planning as no longer required, and which is expected to be eliminated under formal reduction-in-force procedures as a result of the termination of the Space Shuttle Program; or
      - (ii) encumbered by an [employee](/usc/5/4701.md?p=a-2) who has received official certification from the National Aeronautics and Space [Administration](/usc/5/9801.md?p=1) consistent with the [Administration](/usc/5/9801.md?p=1)’s career transition assistance program regulations that the [position](/usc/5/5102.md?p=a-3) is being abolished as a result of the termination of the Space Shuttle Program.
- (e)
  - (1) Continued coverage under this section may not extend beyond—
    - (A) in the case of an individual whose continued coverage is based on separation from [service](/usc/5/8401.md?p=26), the date which is 18 months after the effective date of the separation;
    - (B) in the case of an individual whose continued coverage is based on ceasing to meet the requirements for being considered an unmarried [dependent](/usc/5/8951.md?p=2) child, the date which is 36 months after the date on which the individual first ceases to meet those requirements, subject to [paragraph (2)](#e-2); or
    - (C) in the case of an [employee](/usc/5/4701.md?p=a-2) described in [subsection (b)(3)](#b-3), the date which is 24 months after the [employee](/usc/5/4701.md?p=a-2) is placed on leave without [pay](/usc/5/7511.md?p=a-4) or separated from [service](/usc/5/8401.md?p=26) to perform active duty.
  - (2) In the case of an individual who—
    - (A) ceases to meet the requirements for being considered an unmarried [dependent](/usc/5/8951.md?p=2) child;
    - (B) as of the day before so ceasing to meet the requirements referred to in [subparagraph (A)](#e-2-A), was covered as the child of a former [employee](/usc/5/4701.md?p=a-2) receiving continued coverage under this section based on the former [employee](/usc/5/4701.md?p=a-2)’s separation from [service](/usc/5/8401.md?p=26); and
    - (C) so ceases to meet the requirements referred to in [subparagraph (A)](#e-2-A) before the end of the 18-month period beginning on the date of the former [employee](/usc/5/4701.md?p=a-2)’s separation from [service](/usc/5/8401.md?p=26),

    extended coverage under this section may not extend beyond the date which is 36 months after the separation date referred to in [subparagraph (C)](#e-2-C).

- (f)
  - (1) The [Office](/usc/5/5402.md?p=3) shall prescribe regulations under which, in addition to any individual otherwise [eligible](/usc/5/4701.md?p=a-3) for continued coverage under this section, and to the extent practicable, continued coverage may also, upon appropriate written application, be afforded under this section—
    - (A) to any individual who—
      - (i) if subparagraphs (A) and (C) of paragraph (10) of [section 8901](/usc/5/8901.md) were disregarded, would be [eligible](/usc/5/4701.md?p=a-3) to be considered a [former spouse](/usc/5/8401.md?p=12) within the meaning of such paragraph; but
      - (ii) would not, but for this subsection, be [eligible](/usc/5/4701.md?p=a-3) to be so considered; and
    - (B) to any individual whose coverage as a family [member](/usc/5/8401.md?p=20) would otherwise terminate as a result of a legal separation.
  - (2) The terms and conditions for coverage under the regulations shall include—
    - (A) consistent with [subsection (c)](#c), any necessary notification provisions, and provisions under which an election period of at least 60 days’ duration is afforded;
    - (B) terms and conditions identical to those under [subsection (d)](#d), except that contributions to the [Employees](/usc/5/4701.md?p=a-2) Health Benefits [Fund](/usc/5/8401.md?p=6) shall be made through such [agency](/usc/5/3132.md?p=a-1) as the [Office](/usc/5/5402.md?p=3) by regulation prescribes;
    - (C) provisions relating to the termination of continued coverage, except that continued coverage under this section may not (subject to [paragraph (3)](#f-3)) extend beyond the date which is 36 months after the date on which the qualifying event under this subsection (the date of divorce, annulment, or legal separation, as the case may be) occurs; and
    - (D) provisions designed to ensure that any coverage pursuant to this subsection does not adversely affect any eligibility for coverage which the individual involved might otherwise have under this chapter (including as a result of any change in personal circumstances) if this subsection had not been enacted.
  - (3) In the case of an individual—
    - (A) who becomes [eligible](/usc/5/4701.md?p=a-3) for continued coverage under this subsection based on a divorce, annulment, or legal separation from a [person](/usc/5/7103.md?p=a-1) who, as of the day before the date of the divorce, annulment, or legal separation (as the case may be) was receiving continued coverage under this section based on such [person](/usc/5/7103.md?p=a-1)’s separation from [service](/usc/5/8401.md?p=26) under a self plus one enrollment that covered the individual or under a self and family enrollment; and
    - (B) whose divorce, annulment, or legal separation (as the case may be) occurs before the end of the 18-month period beginning on the date of the separation from [service](/usc/5/8401.md?p=26) referred to in [subparagraph (A)](#f-3-A),

    extended coverage under this section may not extend beyond the date which is 36 months after the date of the separation from [service](/usc/5/8401.md?p=26), as referred to in [subparagraph (A)](#f-3-A).


## Footnotes

[^1]: See References in Text note below.

## Source credit

(Added Pub. L. 100–654, title II, § 201(a)(1), Nov. 14, 1988, 102 Stat. 3841; amended Pub. L. 102–484, div. D, title XLIV, § 4438(a), Oct. 23, 1992, 106 Stat. 2725; Pub. L. 103–337, div. A, title III, § 341(d), Oct. 5, 1994, 108 Stat. 2720; Pub. L. 104–106, div. A, title X, § 1036, Feb. 10, 1996, 110 Stat. 431; Pub. L. 106–65, div. A, title XI, § 1104(c), div. C, title XXXII, § 3244, Oct. 5, 1999, 113 Stat. 777, 965; Pub. L. 106–117, title XI, § 1106, Nov. 30, 1999, 113 Stat. 1598; Pub. L. 107–314, div. A, title XI, § 1103, Dec. 2, 2002, 116 Stat. 2661; Pub. L. 107–314, div. D, title XLVI, § 4603(h), formerly Pub. L. 106–398, § 1 [div. C, title XXXI, § 3136(h)], Oct. 30, 2000, 114 Stat. 1654, 1654A–459, renumbered § 4603(h) of Pub. L. 107–314 by Pub. L. 108–136, div. C, title XXXI, § 3141(i)(4)(A)–(C), Nov. 24, 2003, 117 Stat. 1777; Pub. L. 108–136, div. C, title XXXI, § 3141(m)(3), Nov. 24, 2003, 117 Stat. 1787; Pub. L. 108–375, div. A, title XI, § 1101(a), Oct. 28, 2004, 118 Stat. 2072; Pub. L. 109–163, div. A, title XI, § 1101, Jan. 6, 2006, 119 Stat. 3447; Pub. L. 110–422, title VI, § 615, Oct. 15, 2008, 122 Stat. 4800; Pub. L. 111–242, § 151, as added Pub. L. 111–322, title I, § 1(a)(2), Dec. 22, 2010, 124 Stat. 3519; Pub. L. 112–81, div. A, title XI, § 1123, Dec. 31, 2011, 125 Stat. 1617; Pub. L. 113–67, div. A, title VII, § 706(b), Dec. 26, 2013, 127 Stat. 1194.)

## Notes

### Editorial Notes

### References in Text

The date of enactment of this paragraph, referred to in subsec. (d)(4)(B), is the date of enactment of Pub. L. 102–484, which was approved Oct. 23, 1992.

Section 4421 of the Atomic Energy Defense Act, referred to in subsec. (d)(5)(A), was classified to section 2601 of Title 50, War and National Defense, prior to repeal by Pub. L. 113–66, div. C, title XXXI, § 3146(e)(10), Dec. 26, 2013, 127 Stat. 1077.

The date of the enactment of this paragraph, referred to in subsec. (d)(5)(B), is the date of enactment of Pub. L. 106–117, which was approved Nov. 30, 1999.

The date of enactment of this paragraph, referred to in subsec. (d)(6)(B), is the date of enactment of Pub. L. 110–422, which was approved Oct. 15, 2008.

### Amendments

2013—Subsec. (d)(3)(A). Pub. L. 113–67, § 706(b)(1), inserted “for self plus one or” before “for self and family”.

Subsec. (f)(3)(A). Pub. L. 113–67, § 706(b)(2), substituted “based on such person’s separation from service under a self plus one enrollment that covered the individual or under a self and family enrollment” for “for self and family based on such person’s separation from service”.

2011—Subsec. (d)(4)(B). Pub. L. 112–81 substituted “December 31, 2016” for “December 31, 2011” in cls. (i) and (ii) and substituted “February 1, 2017” for “February 1, 2012” in cl. (ii).

2010—Subsec. (d)(4)(B)(i). Pub. L. 111–242, § 151(1), as added by Pub. L. 111–322, substituted “December 31, 2011” for “October 1, 2010”.

Subsec. (d)(4)(B)(ii). Pub. L. 111–242, § 151(2), as added by Pub. L. 111–322, substituted “February 1, 2012” for “February 1, 2011” and “December 31, 2011” for “October 1, 2010”.

2008—Subsec. (d)(1)(A). Pub. L. 110–422, § 615(b), substituted “(4), (5), and (6)” for “(4) and (5)” in introductory provisions.

Subsec. (d)(6). Pub. L. 110–422, § 615(a), added par. (6).

2006—Subsec. (d)(4)(B)(i). Pub. L. 109–163, § 1101(1), substituted “October 1, 2010” for “October 1, 2006”.

Subsec. (d)(4)(B)(ii). Pub. L. 109–163, § 1101(2), substituted “February 1, 2011” for “February 1, 2007” and “October 1, 2010” for “October 1, 2006”.

2004—Subsec. (a). Pub. L. 108–375, § 1101(a)(1), struck out “paragraph (1) or (2) of” after “Any individual described in”.

Subsec. (b)(3). Pub. L. 108–375, § 1101(a)(2), added par. (3).

Subsec. (e)(1)(C). Pub. L. 108–375, § 1101(a)(4), added subpar. (C).

2003—Subsec. (d)(5)(A). Pub. L. 108–136, § 3141(m)(3), substituted “section 4421 of the Atomic Energy Defense Act” for “section 3143 of the National Defense Authorization Act for Fiscal Year 1997 (42 U.S.C. 7274n)”.

2002—Subsec. (d)(4)(B)(i). Pub. L. 107–314, § 1103(1), substituted “2006” for “2003”.

Subsec. (d)(4)(B)(ii). Pub. L. 107–314, § 1103(2), substituted “2007” and “2006” for “2004” and “2003”, respectively.

2000—Subsec. (d)(5)(A). Pub. L. 107–314, § 4603(h), formerly Pub. L. 106–398, § 1 [div. C, title XXXI, § 3136(h)], as renumbered by Pub. L. 108–136, § 3141(i)(4)(A)–(C), in introductory provisions, inserted “, or a voluntary or involuntary separation from a Department of Energy position at a Department of Energy facility at which the Secretary is carrying out a closure project selected under section 3143 of the National Defense Authorization Act for Fiscal Year 1997 (42 U.S.C. 7274n)” after “readjustment”.

1999—Subsec. (d)(1)(A). Pub. L. 106–117, § 1106(1), substituted “paragraphs (4) and (5)” for “paragraph (4)” in introductory provisions.

Subsec. (d)(2). Pub. L. 106–117, § 1106(2), substituted “(1), (4), or (5)” for “(1) or (4)”.

Subsec. (d)(4)(A). Pub. L. 106–65, § 3244, inserted “, or the Department of Energy due to a reduction in force resulting from the establishment of the National Nuclear Security Administration” after “reduction in force” in introductory provisions.

Subsec. (d)(4)(B). Pub. L. 106–65, § 1104(c), added cls. (i) and (ii) and struck out former cls. (i) and (ii) which read as follows:

“(i) October 1, 1999; or

“(ii) February 1, 2000, if specific notice of such separation was given to such individual before October 1, 1999.”

Subsec. (d)(5). Pub. L. 106–117, § 1106(3), added par. (5).

1996—Subsec. (d)(4)(A). Pub. L. 104–106, § 1036(1), inserted “, or a voluntary separation from a surplus position,” after “an involuntary separation from a position” in introductory provisions.

Subsec. (d)(4)(C). Pub. L. 104–106, § 1036(2), added subpar. (C).

1994—Subsec. (d)(4)(B). Pub. L. 103–337 substituted “October 1, 1999” for “October 1, 1997” in cls. (i) and (ii) and “February 1, 2000” for “February 1, 1998” in cl. (ii).

1992—Subsec. (d)(1)(A). Pub. L. 102–484, § 4438(a)(1), substituted “Except as provided in paragraph (4), an individual” for “An individual”.

Subsec. (d)(2). Pub. L. 102–484, § 4438(a)(2), substituted “in accordance with paragraph (1) or (4), as the case may be)” for “in accordance with paragraph (1))”.

Subsec. (d)(4). Pub. L. 102–484, § 4438(a)(3), added par. (4).

### Statutory Notes and Related Subsidiaries

### Effective Date of 2004 Amendment

Pub. L. 108–375, div. A, title XI, § 1101(c), Oct. 28, 2004, 118 Stat. 2072, provided that: “The amendments made by this section [amending this section and section 8906 of this title] shall apply with respect to Federal employees called or ordered to active duty on or after September 14, 2001.”

### Effective Date of 1999 Amendment

Amendment by section 3244 of Pub. L. 106–65 effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as an Effective Date note under section 2401 of Title 50, War and National Defense.

### Effective Date

Section applicable with respect to any calendar year beginning, and contracts entered into or renewed for any calendar year beginning, after the end of the 9-month period beginning Nov. 14, 1988, and with respect to any qualifying event occurring on or after the first day of the first calendar year beginning after the end of such 9-month period, see section 203 of Pub. L. 100–654, set out as an Effective Date of 1988 Amendment note under section 8902 of this title.

### Source of Payments

Pub. L. 102–484, div. D, title XLIV, § 4438(b)(1), Oct. 23, 1992, 106 Stat. 2725, provided that: “Any amount which becomes payable by an agency as a result of the enactment of subsection (a) [amending this section] shall be paid out of funds or appropriations available for salaries and expenses of such agency.”