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5 U.S.C. § 8714a — Optional insurance

submitted 59 years ago by Pub. L. 90-206 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 1,051 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Office may buy a policy offering employees optional life and accidental-death-and-dismemberment insurance. The section sets eligibility, coverage limits, continuation or conversion rules, reductions, and who pays the cost.

(a) Under sections 8709–8712, the Office may buy a policy offering each insured employee equal optional life and accidental-death-and-dismemberment insurance in addition to section 8704(a) insurance. (b)(1) An employee deployed for a contingency operation, or a Defense employee designated emergency-essential under section 1580 of title 10, is insured if the employee elects within 60 days after notice, in writing and the Office’s form. (2) The Office sets conditions and amounts, but coverage cannot exceed the greater of $10,000 or the amount that, added to section 8704(a) insurance, equals annual pay. (c)(1) Unless otherwise provided, coverage ends at separation or 12 months after pay stops, whichever comes first, subject to temporary continuation and conversion under Office conditions. (2)(A) A person retiring on an immediate annuity may continue only optional life insurance in force throughout the preceding five years, or the shorter full eligible service period, under Office conditions. (B) The same applies to a person receiving chapter 81 subchapter I compensation for disease or injury while the Labor Secretary or delegate finds the person unable to return to duty. (C) The continued amount drops 2 percent at each month’s end after age 65 and retirement or compensation, but not below an Office-set minimum of at least 25 percent of the original amount. (3) A justice or judge resigning without section 371(a) title 28 salary-continuation eligibility may convert regular optional life coverage received during judicial service to an individual policy under the Office’s section 8706(a) conversion conditions. (d)(1) The full cost is withheld from pay, or from an annuity or compensation during continuation; it is free at the end of the month the person turns 65. Money is handled under section 8714 and separately reported from sections 8707 and 8708 money. (2) An agency may waive unwithheld amounts if the person is without fault and recovery would be against equity and good conscience, but must pay waived amounts into the Fund. (3) If pay, annuity, or compensation is insufficient, the employee may continue by paying the required amount into the Fund through the administering agency or retirement system. (e) The Office sets costs using appropriate age groups. (f) Insurance in force at death is paid under section 8705.

the actual law source: uscode.house.gov ↗public domain
(a)

Under the conditions, directives, and terms specified in sections 8709–8712 of this title, the Office of Personnel Management, without regard to section 6101(b) to (d) of title 41, may purchase a policy which shall make available to each insured employee equal amounts of optional life insurance and accidental death and dismemberment insurance in addition to the amounts provided in section 8704(a) of this title.

(b)
(1)

An employee who is deployed in support of a contingency operation (as that term is defined in section 101(a)(13) of title 10) or an employee of the Department of Defense who is designated as emergency essential under section 1580 of title 10 shall be insured under the policy of insurance under this section if the employee, within 60 days after the date of notification of deployment or designation, elects to be insured under the policy of insurance. An election under this paragraph shall be effective when provided to the Office in writing, in the form prescribed by the Office, within such 60-day period.

(2)

The optional life insurance and accidental death and dismemberment insurance shall be made available to each insured employee under such conditions as the Office shall prescribe and in amounts approved by the Office but not more than the greater of $10,000 or an amount which, when added to the amount provided in section 8704(a) of this title, makes the sum of his insurance equal to his annual pay.

(c)
(1)

Except as otherwise provided in this subsection, the optional insurance on an employee stops on his separation from service or 12 months after discontinuance of his pay, whichever is earlier, subject to a provision for temporary extension of life insurance coverage and for conversion to an individual policy of life insurance under conditions approved by the Office.

(2)
(A)

In the case of any employee who retires on an immediate annuity and has been insured under this section throughout—

(i)

the 5 years of service immediately preceding the date of such retirement, or

(ii)

the full period or periods of service during which the employee was entitled to be insured, if less than 5 years,

the amount of optional life insurance only which has been in force throughout such period may be continued, under conditions determined by the Office.

(B)

In the case of any employee who becomes entitled to receive compensation under subchapter I of chapter 81 of this title because of disease or injury to the employee and has been insured under this section throughout—

(i)

the 5 years of service immediately preceding the date such employee becomes entitled to such compensation, or

(ii)

the full period or periods of service during which the employee was entitled to be insured, if less than 5 years,

the amount of optional life insurance only which has been in force throughout such period may be continued, under conditions determined by the Office, during the period the employee is receiving such compensation for disease or injury and is held by the Secretary of Labor or his delegate to be unable to return to duty.

(C)

The amount of optional life insurance continued under subparagraph (A) or subparagraph (B) of this paragraph shall be reduced by 2 percent at the end of each full calendar month after the date the employee becomes 65 years of age and is retired or is receiving compensation for disease or injury. The Office shall prescribe minimum amounts, not less than 25 percent of the amount of life insurance in force before the first reduction, to which the insurance may be reduced.

(3)

Notwithstanding paragraph (c)(1) of this section,1 a justice or judge of the United States as defined by section 8701(a)(5) of this title who resigns his office without meeting the requirements of section 371(a) of title 28, United States Code, for continuation of the judicial salary shall have the right to convert regular optional life insurance coverage issued under this section during his judicial service to an individual policy of life insurance under the same conditions approved by the Office governing conversion of basic life insurance coverage for employees eligible as provided in section 8706(a) of this title.

(d)
(1)

During each period in which an employee has the optional insurance the full cost thereof shall be withheld from his pay. During each period in which an employee continues optional life insurance after retirement or while in receipt of compensation for work injuries, as provided in section 8706(b) of this title, the full cost thereof shall be withheld from his annuity or compensation, except that, at the end of the calendar month in which he becomes 65 years of age, the optional life insurance shall be without cost to him. Amounts so withheld shall be deposited, used, and invested as provided in section 8714 of this title and shall be reported and accounted for separately from amounts withheld and contributed under sections 8707 and 8708 of this title.

(2)

If an agency fails to withhold the proper cost of optional insurance from an individual’s salary, compensation, or retirement annuity, the collection of amounts properly due may be waived by the agency if, in the judgment of the agency, the individual is without fault and recovery would be against equity and good conscience. However, if the agency so waives the collection of any unpaid amount, the agency shall submit an amount equal to the uncollected amount to the Office for deposit to the Employees’ Life Insurance Fund.

(3)

Notwithstanding paragraph (1), an employee who is subject to withholdings under this subsection and whose pay, annuity, or compensation is insufficient to cover such withholdings may nevertheless continue optional insurance if the employee arranges to pay currently into the Employees’ Life Insurance Fund, through the agency or retirement system which administers pay, annuity, or compensation, an amount equal to the withholdings that would otherwise be required under this subsection.

(e)

The cost of the optional insurance shall be determined from time to time by the Office on the basis of such age groups as it considers appropriate.

(f)

The amount of optional life, or life and accidental death, insurance in force on an employee at the date of his death shall be paid as provided in section 8705 of this title.

Source credit: (Added Pub. L. 90–206, title IV, § 404(1), Dec. 16, 1967, 81 Stat. 647; amended Pub. L. 95–454, title IX, § 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 95–583, § 1(c), Nov. 2, 1978, 92 Stat. 2481; Pub. L. 96–427, § 6, Oct. 10, 1980, 94 Stat. 1834; Pub. L. 98–353, title II, § 206, July 10, 1984, 98 Stat. 351, as amended by Pub. L. 99–336, § 7(1), June 19, 1986, 100 Stat. 639; Pub. L. 99–335, title II, § 207(k)(3), June 6, 1986, 100 Stat. 597; Pub. L. 99–336, § 7(1), June 19, 1986, 100 Stat. 639; Pub. L. 105–311, § 6(2), Oct. 30, 1998, 112 Stat. 2951; Pub. L. 110–417, [div. A], title XI, § 1103(b), Oct. 14, 2008, 122 Stat. 4616; Pub. L. 111–350, § 5(a)(12), Jan. 4, 2011, 124 Stat. 3841.)

history & why it existsrecord from the source credit
  • 1967Enacted · Pub. L. 90-206 · 81 Stat. 647
  • 1978Amended · Pub. L. 95-454 · 92 Stat. 1224
  • 1978Amended · Pub. L. 95-583 · 92 Stat. 2481
  • 1980Amended · Pub. L. 96-427 · 94 Stat. 1834
  • 1984Amended · Pub. L. 98-353 · 98 Stat. 351
  • 1986Amended · Pub. L. 99-335 · 100 Stat. 597
  • 1986Amended · Pub. L. 99-336 · 100 Stat. 639
  • 1998Amended · Pub. L. 105-311 · 112 Stat. 2951
  • 2008Amended · Pub. L. 110-417 · 122 Stat. 4616
  • 2011Amended · Pub. L. 111-350 · 124 Stat. 3841

A history note hasn’t been published yet. The record shows enactment by Pub. L. 90-206 on 1967-12-16.

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