118 STAT. 3948 PUBLIC LAW 108–487—DEC. 23, 2004 designated employee to a retirement system estab- lished under paragraph (1) to offset amounts paid under clause (i). ‘‘(D) RECORDS.—The Director of the Central Intel- ligence Agency shall transmit all necessary records relating to a designated employee who converts to a Federal retire- ment system under this paragraph (including records relating to periods of service which are deemed to be periods of creditable service under subparagraph (B)) to the head of the agency administering that Federal retire- ment system. ‘‘(e) HEALTH INSURANCE BENEFITS.— ‘‘(1) IN GENERAL.—The Director of the Central Intelligence Agency may establish and administer a nonofficial cover employee health insurance program for designated employees (and the family of such designated employees). A designated employee may not participate in the health insurance program established under this paragraph and the program under chapter 89 of title 5, United States Code, at the same time. ‘‘(2) CONVERSION TO FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM.— ‘‘(A) IN GENERAL.—A designated employee participating in the health insurance program established under para- graph (1) may convert to coverage under the program under chapter 89 of title 5, United States Code, at any appropriate time determined by the Director of the Central Intelligence Agency (including at the time of separation of service by reason of retirement), if the Director of the Central Intel- ligence Agency determines that the employee’s participa- tion in the health insurance program established under this subsection is no longer necessary to protect from unauthorized disclosure— ‘‘(i) intelligence operations; ‘‘(ii) the identities of undercover intelligence offi- cers; ‘‘(iii) intelligence sources and methods; or ‘‘(iv) intelligence cover mechanisms. ‘‘(B) CONVERSION TREATMENT.—Upon a conversion under this paragraph— ‘‘(i) the employee (and family, if applicable) shall be entitled to immediate enrollment and coverage under chapter 89 of title 5, United States Code; ‘‘(ii) any requirement of prior enrollment in a health benefits plan under chapter 89 of that title for continuation of coverage purposes shall not apply; ‘‘(iii) the employee shall be deemed to have had coverage under chapter 89 of that title from the first opportunity to enroll for purposes of continuing cov- erage as an annuitant; and ‘‘(iv) the Director of the Central Intelligence Agency shall transmit an amount for deposit in the Employees’ Health Benefits Fund that is necessary to cover any costs of such conversion. ‘‘(C) TRANSMITTED AMOUNTS.—Any amount described under subparagraph (B)(iv) shall be paid from the fund or appropriation used to pay the designated employee. ‘‘(f) LIFE INSURANCE BENEFITS.— VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00482 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
�
