Page:United States Statutes at Large Volume 102 Part 4.djvu/874

 102 STAT. 3844

Regulations.

PUBLIC LAW 100-654—NOV. 14, 1988

"(C) so ceases to meet the requirements referred to in subparagraph (A) before the end of the 18-month period beginning on the date of the former employee's separation from service, extended coverage under this section may not extend beyond the date which is 36 months after the separation date referred to in subparagraph (C). "(fKD The Office shall prescribe regulations under which, in addition to any individual otherwise eligible 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 were disregarded, would be eligible to be considered a former spouse within the meaning of such paragraph; but "(ii) would not, but for this subsection, be eligible to be so considered; and "(B) to any individual whose coverage as a family member 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), £my 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), except that contributions to the Employees Health Benefits Fund shall be made through such agency as the Office 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)) 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 for continued coverage under this subsection based on a divorce, annulment, or legal separation from a person 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 for self and family based on such person's separation from service; 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 referred to in subparagraph (A), extended coverage under this section may not extend beyond the date which is 36 months after the date of the separation from service, as referred to in subparagraph (A).".

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