Sec. 104. Postal service health benefits plan
871 words·~4 min read·
/bill/113/s/1486/is/section-104·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section— the term bargaining representative means a bargaining representative recognized under section 1203 of title 39, United States Code; the term covered employee means an officer or employee of the Postal Service who is— represented by a bargaining representative; or a member of the Postal Career Executive Service; the term Federal Employee Health Benefits Program means the health benefits program under chapter 89 of title 5, United States Code; the term participant means— a covered employee who is— represented by a bargaining representative that enters into an agreement to establish a Postal Service Health Benefits Plan; or if any bargaining representative enters into an agreement to establish a Postal Service Health Benefits Plan, a member of the Postal Career Executive Service; and an officer or employee of the Postal Service who— is not a covered employee; and elects to participate in the Postal Service Health Benefits Plan; and the term Postal Service Health Benefits Plan means the health benefits plan that may be agreed to under subsection (b)(1).
Consistent with section 1005(f) of title 39, United States Code, the Postal Service may negotiate individually or jointly with bargaining representatives and enter into a collective bargaining agreement or agreements with 1 or more of those bargaining representatives to establish a single Postal Service Health Benefits Plan that— satisfies the conditions under subsection (c); and may be a health benefits plan offered under chapter 89 of title 5, United States Code. The Postal Service and bargaining representatives shall conduct negotiations under paragraph
(1)in consultation with the Director of the Office of Personnel Management. In the course of negotiations under paragraph (1), the Postal Service shall consult with each of the organizations of supervisory and other managerial personnel that are recognized under section 1004 of title 39, United States Code, concerning the views of the personnel represented by each of those organizations. If the Postal Service or a bargaining representative offers a proposed agreement for negotiation under paragraph
(1)and the parties do not reach agreement within 180 days after the commencement of collective bargaining on the proposal, the procedures under section 1207(d) of title 39, United States Code, shall apply upon the election of any party to the negotiations. The authority under this subsection shall extend until the date that is 2 years after the date of enactment of this Act. The Postal Service Health Benefits Plan— shall— be available for participation by— all covered employees represented by a bargaining representative entering an agreement described in subsection (b)(1); and all covered employees who are members of the Postal Career Executive Service; be available for participation by any officer or employee of the Postal Service who is not a covered employee, at the option solely of that officer or employee; provide coverage that is actuarially equivalent to the coverage offered under the types of plans available under the Federal Employee Health Benefits Program, as determined by the Director of the Office of Personnel Management; be administered in a manner determined in an agreement or agreements reached under subsection (b); unless the Postal Service Health Benefits Plan is a health benefits plan offered under chapter 89 of title 5, United States Code, provide for transition of coverage under the Federal Employee Health Benefits Program of all participants in the Postal Service Health Benefits Plan to coverage under the Postal Service Health Benefits Plan; and if the Postal Service Health Benefits Plan is a health benefits plan offered under chapter 89 of title 5, United States Code, and except as provided in section 8903c of title 5, United States Code, as added by section 105 of this Act, provide that the Postal Service Health Benefits Plan is the only health benefits plan under the Federal Employee Health Benefits Program in which a participant in the Postal Service Health Benefits Plan may participate as an employee; may provide dental benefits; and may provide vision benefits. If an agreement or agreements are reached under subsection
(b)to provide a Postal Service Health Benefits Plan— the Postal Service shall implement the Postal Service Health Benefits Plan; the Postal Service Health Benefits Plan shall constitute an agreement between the collective bargaining representatives and the Postal Service for purposes of section 1005(f) of title 39, United States Code; and unless the Postal Service Health Benefits Plan is a health benefits plan offered under chapter 89 of title 5, United States Code, participants in the Postal Service Health Benefits Plan may not participate as employees in the Federal Employees Health Benefits Program. The Postal Service Health Benefits Plan shall be a governmental plan as that term is defined under section 3(32) of Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002(32) ). Not later than 6 months after the earlier of the date on which any agreement is reached under subsection
(b)and June 30, 2016, the Postal Service shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives that— reports on the implementation of this section; and requests any additional statutory authority that the Postal Service determines is necessary to carry out the purposes of this section.
Connectionstraces to 1
Traces to 1 document
U.S. Code
Citation graph
cites case law
Sec. 104
Postal service health benefits plan
Cites 1Cited by 0 across 0 sources