5 CFR § 894.301 - Am I eligible to enroll in FEDVIP as an employee?

---
identifier: "/us/cfr/t5/s894.301"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "5 CFR § 894.301 - Am I eligible to enroll in FEDVIP as an employee?"
title_number: 5
title_name: "Administrative Personnel"
section_number: "894.301"
section_name: "Am I eligible to enroll in FEDVIP as an employee?"
chapter_name: "OFFICE OF PERSONNEL MANAGEMENT"
subchapter_number: "B"
subchapter_name: "CIVIL SERVICE REGULATIONS"
part_number: "894"
part_name: "FEDERAL EMPLOYEES DENTAL AND VISION INSURANCE PROGRAM"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 8962; 5 U.S.C. 8992; Subpart C also issued under section 1 of Pub. L. 110-279, 122 Stat. 2604 (2 U.S.C. 2051); and Sec. 894.601(b) also issued under Pub. L. 116-92, 133 Stat. 1198 (5 U.S.C. 8956 note)."
regulatory_source: "73 FR 50184, Aug. 26, 2008, unless otherwise noted."
cfr_part: "894"
---


# 894.301 Am I eligible to enroll in FEDVIP as an employee?

You are eligible if—

(a) You meet the definition of *employee* in 5 U.S.C. 8901(1), unless you are in an excluded position;

(b) You are an employee of the United States Postal Service or the District of Columbia courts;

(c)(1) You were employed by the Architect of the Capitol as a Senate Restaurants *employee* the day before the food services operations of the Senate Restaurants were transferred to a private business concern; and

(2) You accepted employment by the business concern and elected to continue your Federal retirement benefits and your FEDVIP coverage. You continue to be eligible for FEDVIP coverage as long as you remain employed by the business concern or its successor; or

(d) You are an *employee* in a position identified by OPM that provides emergency response services for wildland fire protection pursuant to § 890.102(h) of this chapter; or you are an *employee* pursuant to § 890.102(i) of this chapter, under which, upon request by the employing agency, OPM may grant eligibility to employees performing similar types of emergency response services. OPM may limit the coverage of intermittent *employees* to the periods of time during which they are in a pay status pursuant to § 890.102(i) of this chapter.

[75 FR 20514, Apr. 20, 2010, as amended at 88 FR 47746, 47749, July 25, 2023]