82 FR 51170 - Federal Employees Health Benefits (FEHB) Program: FEHB Employee Premium Contributions for Employees in Leave Without Pay or Other Nonpay Status

OFFICE OF PERSONNEL MANAGEMENT

Federal Register Volume 82, Issue 212 (November 3, 2017)

Page Range		51170-51170
FR Document		2017-23956

The United States Office of Personnel Management (OPM) is withdrawing a previously published Notice of Proposed Rulemaking (NPRM) that would have amended the Federal Employees Health Benefits (FEHB) regulations at 5 CFR part 890 to provide flexibility to agencies regarding payment for FEHB coverage for employees entering leave without pay (LWOP) or any other type of nonpay status, except when nonpay is as a result of a lapse of appropriations. The regulation also would have affected employees who have insufficient pay to cover their premium contribution, and certain categories of employees were exempt.

Federal Register, Volume 82 Issue 212 (Friday, November 3, 2017)

[Federal Register Volume 82, Number 212 (Friday, November 3, 2017)]
[Proposed Rules]
[Page 51170]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-23956]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 82, No. 212 / Friday, November 3, 2017 / 
Proposed Rules

[[Page 51170]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR 890

RIN: 3206-AN33


Federal Employees Health Benefits (FEHB) Program: FEHB Employee 
Premium Contributions for Employees in Leave Without Pay or Other 
Nonpay Status

AGENCY: U.S. Office of Personnel Management.

ACTION: Proposed rule; withdrawal.

-----------------------------------------------------------------------

SUMMARY: The United States Office of Personnel Management (OPM) is 
withdrawing a previously published Notice of Proposed Rulemaking (NPRM) 
that would have amended the Federal Employees Health Benefits (FEHB) 
regulations at 5 CFR part 890 to provide flexibility to agencies 
regarding payment for FEHB coverage for employees entering leave 
without pay (LWOP) or any other type of nonpay status, except when 
nonpay is as a result of a lapse of appropriations. The regulation also 
would have affected employees who have insufficient pay to cover their 
premium contribution, and certain categories of employees were exempt.

DATES: OPM is withdrawing the proposed rule published August 30, 2016 
(81 FR 59518) as of November 3, 2017.

FOR FURTHER INFORMATION CONTACT: Julia Elam, Program Analyst at (202) 
606-0004.

SUPPLEMENTARY INFORMATION: On August 30, 2016, OPM published an NPRM 
(81 FR 59518) that would complement the FEHB Modification of 
Eligibility final regulation (79 FR 62325, published on October 17, 
2014) which allows generally for certain temporary, intermittent and 
seasonal employees to enroll in the FEHB Program if they are expected 
to work at least 130 hours per month for at least 90 days. In the NPRM, 
OPM recognized that the expansion of eligibility for FEHB coverage may 
impact an agency's budget due to the required FEHB Government health 
benefit contributions for newly eligible employees who elect to 
participate in FEHB coverage and go into LWOP or other nonpay status 
based on the intermittent nature of the work performed. The NPRM would 
have provided flexibility to agencies regarding payment for FEHB 
coverage for employees entering leave without pay (LWOP) or any other 
type of nonpay status, except when nonpay is as a result of a lapse of 
appropriations.
    OPM received comments from Federal employees, Federal agencies, a 
Federal shared service provider, and unions representing Federal 
employees. The majority of commenters objected to the regulation based 
on concerns that the rule would place an undue financial burden on 
Federal employees on LWOP or other nonpay status and would make it 
difficult for these employees to maintain health insurance. OPM also 
received comments about the impact of the rule on Permanent Seasonal 
Employees (PSEs). The commenters stated that PSEs are placed in nonpay 
status annually and there is a reasonable expectation that these 
employees will return to employment and repay the unpaid premiums that 
have been incurred as a debt.
    In reviewing these objections, OPM attempted to determine whether 
the potential cost savings from this proposed rulemaking outweighs the 
negative impact asserted by commenters. To estimate cost savings, OPM 
requested the current amount of unrecoverable premium debt from 
employees on LWOP and nonpay status from several agencies with large 
numbers of temporary, seasonal and intermittent employees. However, 
these agencies were generally unable to provide this data. Agencies do 
not have reliable data on unrecoverable FEHB debt because, due to 
constantly changing circumstances, these amounts are difficult to 
track. OPM did obtain one estimate of unpaid FEHB debt or FEHB debt in 
default for all employees on seasonal and intermittent Schedules in 
LWOP or insufficient pay for one agency for FY2016. The agency reported 
that total FEHB debt incurred by the agency for these employees was 
$1,068,065, but that only $48,797 of this total debt remained unpaid by 
employees once they returned to pay (or sufficient pay) status. 
Further, there are debt collection mechanisms in place to recover the 
remaining $48,797.
    Agencies must already comply with the Debt Collection Improvement 
Act (DCIA) of 1996 (DCIA) to collect delinquent debt, including FEHB 
debt. Therefore, appropriate actions are being taken for the collection 
of FEHB debt for employees entering leave without pay (LWOP) or any 
other type of nonpay status. OPM determined that the potential cost 
savings from this proposed rulemaking does not outweigh the potential 
negative impact of the undue financial burden or risk of losing health 
insurance on certain Federal employees.
    Withdrawal of this NPRM (81 FR 59518, August 30, 2016) does not 
preclude the agency from issuing future rulemakings on this issue, nor 
does it commit the agency to any course of action in the future.


U.S. Office of Personnel Management.

Kathleen McGettigan,
Acting Director.
[FR Doc. 2017-23956 Filed 11-2-17; 8:45 am]
BILLING CODE 6325-63-P

51170

Proposed Rules Federal Register
Vol. 82, No. 212

Friday, November 3, 2017

This section of the FEDERAL REGISTER impact an agency’s budget due to the sufficient pay) status. Further, there are
contains notices to the public of the proposed required FEHB Government health debt collection mechanisms in place to
issuance of rules and regulations. The benefit contributions for newly eligible recover the remaining $48,797.
purpose of these notices is to give interested employees who elect to participate in Agencies must already comply with
persons an opportunity to participate in the FEHB coverage and go into LWOP or the Debt Collection Improvement Act
rule making prior to the adoption of the final
rules.
other nonpay status based on the (DCIA) of 1996 (DCIA) to collect
intermittent nature of the work delinquent debt, including FEHB debt.
performed. The NPRM would have Therefore, appropriate actions are being
OFFICE OF PERSONNEL provided flexibility to agencies taken for the collection of FEHB debt for
MANAGEMENT regarding payment for FEHB coverage employees entering leave without pay
for employees entering leave without (LWOP) or any other type of nonpay
5 CFR 890 pay (LWOP) or any other type of nonpay status. OPM determined that the
RIN: 3206–AN33
status, except when nonpay is as a potential cost savings from this
result of a lapse of appropriations. proposed rulemaking does not outweigh
Federal Employees Health Benefits OPM received comments from Federal the potential negative impact of the
(FEHB) Program: FEHB Employee employees, Federal agencies, a Federal undue financial burden or risk of losing
Premium Contributions for Employees shared service provider, and unions health insurance on certain Federal
in Leave Without Pay or Other Nonpay representing Federal employees. The employees.
Status majority of commenters objected to the Withdrawal of this NPRM (81 FR
regulation based on concerns that the 59518, August 30, 2016) does not
AGENCY: U.S. Office of Personnel rule would place an undue financial preclude the agency from issuing future
Management. burden on Federal employees on LWOP rulemakings on this issue, nor does it
ACTION: Proposed rule; withdrawal. or other nonpay status and would make commit the agency to any course of
it difficult for these employees to action in the future.
SUMMARY: The United States Office of
Personnel Management (OPM) is maintain health insurance. OPM also
U.S. Office of Personnel Management.
withdrawing a previously published received comments about the impact of
the rule on Permanent Seasonal Kathleen McGettigan,
Notice of Proposed Rulemaking (NPRM)
Employees (PSEs). The commenters Acting Director.
that would have amended the Federal
Employees Health Benefits (FEHB) stated that PSEs are placed in nonpay [FR Doc. 2017–23956 Filed 11–2–17; 8:45 am]
regulations at 5 CFR part 890 to provide status annually and there is a reasonable BILLING CODE 6325–63–P

flexibility to agencies regarding expectation that these employees will
payment for FEHB coverage for return to employment and repay the
employees entering leave without pay unpaid premiums that have been DEPARTMENT OF TRANSPORTATION
(LWOP) or any other type of nonpay incurred as a debt.
status, except when nonpay is as a In reviewing these objections, OPM Federal Aviation Administration
result of a lapse of appropriations. The attempted to determine whether the
regulation also would have affected potential cost savings from this 14 CFR Part 39
employees who have insufficient pay to proposed rulemaking outweighs the [Docket No. FAA–2017–0838; Product
cover their premium contribution, and negative impact asserted by Identifier 2017–NE–33–AD]
certain categories of employees were commenters. To estimate cost savings,
OPM requested the current amount of RIN 2120–AA64
exempt.
unrecoverable premium debt from
DATES: OPM is withdrawing the Airworthiness Directives; Safran
employees on LWOP and nonpay status
proposed rule published August 30, Helicopter Engines, S.A., Turboshaft
from several agencies with large
2016 (81 FR 59518) as of November 3, Engines
numbers of temporary, seasonal and
2017. intermittent employees. However, these AGENCY: Federal Aviation
FOR FURTHER INFORMATION CONTACT: Julia agencies were generally unable to Administration (FAA), DOT.
Elam, Program Analyst at (202) 606– provide this data. Agencies do not have ACTION: Notice of proposed rulemaking
0004. reliable data on unrecoverable FEHB (NPRM).
SUPPLEMENTARY INFORMATION: On August debt because, due to constantly
30, 2016, OPM published an NPRM (81 changing circumstances, these amounts SUMMARY: We propose to adopt a new
FR 59518) that would complement the are difficult to track. OPM did obtain airworthiness directive (AD) for all
FEHB Modification of Eligibility final one estimate of unpaid FEHB debt or Safran Helicopter Engines, S.A., Arriel
regulation (79 FR 62325, published on FEHB debt in default for all employees 2E turboshaft engines. This proposed
jstallworth on DSKBBY8HB2PROD with PROPOSALS

October 17, 2014) which allows on seasonal and intermittent Schedules AD was prompted by reports of
generally for certain temporary, in LWOP or insufficient pay for one ruptured front support pins on the
intermittent and seasonal employees to agency for FY2016. The agency reported accessory gearbox front support. This
enroll in the FEHB Program if they are that total FEHB debt incurred by the proposed AD would require
expected to work at least 130 hours per agency for these employees was replacement of the accessory gearbox
month for at least 90 days. In the NPRM, $1,068,065, but that only $48,797 of this front support. We are proposing this AD
OPM recognized that the expansion of total debt remained unpaid by to address the unsafe condition on these
eligibility for FEHB coverage may employees once they returned to pay (or products.

VerDate Sep<11>2014 15:06 Nov 02, 2017 Jkt 244001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\03NOP1.SGM 03NOP1

Document Created: 2018-10-25 10:22:23
Document Modified: 2018-10-25 10:22:23

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Proposed rule; withdrawal.
Dates		OPM is withdrawing the proposed rule published August 30, 2016 (81 FR 59518) as of November 3, 2017.
Contact		Julia Elam, Program Analyst at (202) 606-0004.
FR Citation		82 FR 51170