§ 8901. Definitions
For the purpose of this chapter—
(1)
“employee” means—
(E)
an individual first employed by the government of the District of Columbia before October 1, 1987;
(H)
an individual appointed to a position on the office staff of a former President under section 1(b) of the Act of August 25, 1958 (72 Stat. 838);
(I)
an individual appointed to a position on the office staff of a former President, or a former Vice President under section 4 of the Presidential Transition Act of 1963, as amended (78 Stat. 153), who immediately before the date of such appointment was an employee as defined under any other subparagraph of this paragraph; and
(J)
an individual who is employed by the Roosevelt Campobello International Park Commission and is a citizen of the United States,
but does not include—
(i)
an employee of a corporation supervised by the Farm Credit Administration if private interests elect or appoint a member of the board of directors;
(ii)
an individual who is not a citizen or national of the United States and whose permanent duty station is outside the United States, unless the individual was an employee for the purpose of this chapter on September 30, 1979, by reason of service in an Executive agency, the United States Postal Service, or the Smithsonian Institution in the area which was then known as the Canal Zone;
(2)
“Government” means the Government of the United States and the government of the District of Columbia;
(3)
“annuitant” means—
(A)
an employee who retires—
(i)
on an immediate annuity under subchapter
III of chapter
83 of this title, or another retirement system for employees of the Government, after 5 or more years of service;
(B)
a member of a family who receives an immediate annuity as the survivor of an employee (including a family member entitled to an amount under section
8442
(b)(1)(A), whether or not such family member is entitled to an annuity under section 8442(b)(1)(B)) or of a retired employee described by subparagraph (A) of this paragraph;
(C)
an employee who receives monthly compensation under subchapter
I of chapter
81 of this title and who is determined by the Secretary of Labor to be unable to return to duty; and
(4)
“service”, as used by paragraph (3) of this section, means service which is creditable under subchapter
III of chapter
83 or chapter
84 of this title;
(5)
“member of family” means the spouse of an employee or annuitant and an unmarried dependent child under 22 years of age, including—
(B)
a stepchild or foster child but only if the child lives with the employee or annuitant in a regular parent-child relationship;
or such an unmarried dependent child regardless of age who is incapable of self-support because of mental or physical disability which existed before age 22;
(6)
“health benefits plan” means a group insurance policy or contract, medical or hospital service agreement, membership or subscription contract, or similar group arrangement provided by a carrier for the purpose of providing, paying for, or reimbursing expenses for health services;
(7)
“carrier” means a voluntary association, corporation, partnership, or other nongovernmental organization which is lawfully engaged in providing, paying for, or reimbursing the cost of, health services under group insurance policies or contracts, medical or hospital service agreements, membership or subscription contracts, or similar group arrangements, in consideration of premiums or other periodic charges payable to the carrier, including a health benefits plan duly sponsored or underwritten by an employee organization and an association of organizations or other entities described in this paragraph sponsoring a health benefits plan;
(8)
“employee organization” means—
(A)
an association or other organization of employees which is national in scope, or in which membership is open to all employees of a Government agency who are eligible to enroll in a health benefits plan under this chapter and which, after December 31, 1978, and before January 1, 1980, applied to the Office for approval of a plan provided under section
8903
(3) of this title; and
(B)
an association or other organization which is national in scope, in which membership is open only to employees, annuitants, or former spouses, or any combination thereof, and which, during the 90-day period beginning on the date of enactment of section
8903a of this title, applied to the Office for approval of a plan provided under such section;
(9)
“dependent”, in the case of any child, means that the employee or annuitant involved is either living with or contributing to the support of such child, as determined in accordance with such regulations as the Office shall prescribe;
(10)
“former spouse” means a former spouse of an employee, former employee, or annuitant—
(A)
who has not remarried before age 55 after the marriage to the employee, former employee, or annuitant was dissolved,
(B)
who was enrolled in an approved health benefits plan under this chapter as a family member at any time during the 18-month period before the date of the dissolution of the marriage to the employee, former employee, or annuitant, and
(C)
(i)
who is receiving any portion of an annuity under section
8345
(j) or
8467 of this title or a survivor annuity under section
8341
(h) or
8445 of this title (or benefits similar to either of the aforementioned annuity benefits under a retirement system for Government employees other than the Civil Service Retirement System or the Federal Employees’ Retirement System),
(ii)
as to whom a court order or decree referred to in section
8341
(h),
8345
(j),
8445, or
8467 of this title (or similar provision of law under any such retirement system other than the Civil Service Retirement System or the Federal Employees’ Retirement System) has been issued, or for whom an election has been made under section
8339
(j)(3) or
8417
(b) of this title (or similar provision of law), or
except that such term shall not include any such unremarried former spouse of a former employee whose marriage was dissolved after the former employee’s separation from the service (other than by retirement); and
(11)
“qualified clinical social worker” means an individual—
[1] See Change of Name note below.