Title 5 — Government Organization and Employees
Part III · Chapter 87 — Life Insurance
§ 8705. Death claims; order of precedence; escheat
Statutory text
Except as provided in subsection (e), the amount of group life insurance and group accidental death insurance in force on an employee at the date of his death shall be paid, on the establishment of a valid claim, to the person or persons surviving at the date of his death, in the following order of precedence:
First, to the beneficiary or beneficiaries designated by the employee in a signed and witnessed writing received before death in the employing office or, if insured because of receipt of annuity or of benefits under subchapter I of chapter 81 of this title as provided by section 8706(b) of this title, in the Office of Personnel Management. For this purpose, a designation, change, or cancellation of beneficiary in a will or other document not so executed and filed has no force or effect.
Second, if there is no designated beneficiary, to the widow or widower of the employee.
Third, if none of the above, to the child or children of the employee and descendants of deceased children by representation.
Fourth, if none of the above, to the parents of the employee or the survivor of them.
Fifth, if none of the above, to the duly appointed executor or administrator of the estate of the employee.
Sixth, if none of the above, to other next of kin of the employee entitled under the laws of the domicile of the employee at the date of his death.
If, within 1 year after the death of the employee, no claim for payment has been filed by a person entitled under the order of precedence named by subsection (a) of this section, or if payment to the person within that period is prohibited by Federal statute or regulation, payment may be made in the order of precedence as if the person had predeceased the employee, and the payment bars recovery by any other person.
If, within 2 years after the death of the employee, no claim for payment has been filed by a person entitled under the order of precedence named by subsection (a) of this section, and neither the Office nor the administrative office established by the company concerned pursuant to section 8709(b) of this title has received notice that such a claim will be made, payment may be made to the claimant who in the judgment of the Office is equitably entitled thereto, and the payment bars recovery by any other person.
If, within 4 years after the death of the employee, payment has not been made under this section and no claim for payment by a person entitled under this section is pending, the amount payable escheats to the credit of the Employees’ Life Insurance Fund.
Any amount which would otherwise be paid to a person determined under the order of precedence named by subsection (a) shall be paid (in whole or in part) by the Office to another person if and to the extent expressly provided for in the terms of any court decree of divorce, annulment, or legal separation, or the terms of any court order or court-approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation.
For purposes of this subsection, a decree, order, or agreement referred to in paragraph (1) shall not be effective unless it is received, before the date of the covered employee’s death, by the employing agency or, if the employee has separated from service, by the Office.
A designation under this subsection with respect to any person may not be changed except—
with the written consent of such person, if received as described in paragraph (2); or
by modification of the decree, order, or agreement, as the case may be, if received as described in paragraph (2).
The Office shall prescribe any regulations necessary to carry out this subsection, including regulations for the application of this subsection in the event that two or more decrees, orders, or agreements, are received with respect to the same amount.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 89–554 · 80 Stat. 378
Enacted · 5 U.S.C. § 8705
Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 594
Source evidence
Code source credit
Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 594Pub. L. 95–454 title IX § 906(a)(2) · 92 Stat. 1111
Substituted · 5 U.S.C. § 8705(a)
Pub. L. 95–454 substituted “Office of Personnel Management” for “Civil Service Commission”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 95–454 substituted “Office of Personnel Management” for “Civil Service Commission”.Enacted provision · exact public law section
(2) in sections 1301, 1302, 1304, 1308, 2105, 2951, 3110, 3304a, 3308, 3312, 3314, 3318, 3324, 3325, 3344, 3351, 3363, 3373, 3502, 3504, 4102, 4106, 4113-4118, 5102, 5103, 5105, 5107, 5110–5115, 5303, 5304, 5333, 5334, 5335(b), 5336, 5338, 5343, 5346, 5347, 5351, 5352, 5371 (as redesignated in section 801(a) (3) (A) (ii) of this Ante, p. 1218. Act), 5372 (as redesignated in such section 801(a) (3) (A) (ii)), 5374 (as redesignated in such section 801(a) (3) (A) (i i)) , 5504, 5533, 5545, 5548, 5723, 6101, 6304-6306, 6308, 6311, 6322, 6326, 7203 (as redesignated in section 703(a)(1) of this Act), 7204 Ante, p. 1216. (as redesignated in such section 703(a) (1)), 7312, 8151, 8331, 8332, 8334, 8337, 8339–8343, 8345, 8346, 8347(a), 8348, 8501, 8701–8712, 8714, 8714a, 8716, 8901–8903, 8905, 8907–8910, and 8913, by striking out “Civil Service Commission” and inserting in lieu thereof “Office of Personnel Management”;Effective date note
Amendment by Pub. L. 95–583 effective Nov. 2, 1978, see section 3 of Pub. L. 95–583, set out as a note under section 8706 of this title. Amendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.Pub. L. 95–454 title IX § 906(a)(2) · 92 Stat. 1111
Substituted · 5 U.S.C. § 8705(c)
Pub. L. 95–454 substituted “Office” for “Commission” wherever appearing
Source evidence
Code amendment note
Subsec. (c). Pub. L. 95–454 substituted “Office” for “Commission” wherever appearing.Enacted provision · exact public law section
(2) in sections 1301, 1302, 1304, 1308, 2105, 2951, 3110, 3304a, 3308, 3312, 3314, 3318, 3324, 3325, 3344, 3351, 3363, 3373, 3502, 3504, 4102, 4106, 4113-4118, 5102, 5103, 5105, 5107, 5110–5115, 5303, 5304, 5333, 5334, 5335(b), 5336, 5338, 5343, 5346, 5347, 5351, 5352, 5371 (as redesignated in section 801(a) (3) (A) (ii) of this Ante, p. 1218. Act), 5372 (as redesignated in such section 801(a) (3) (A) (ii)), 5374 (as redesignated in such section 801(a) (3) (A) (i i)) , 5504, 5533, 5545, 5548, 5723, 6101, 6304-6306, 6308, 6311, 6322, 6326, 7203 (as redesignated in section 703(a)(1) of this Act), 7204 Ante, p. 1216. (as redesignated in such section 703(a) (1)), 7312, 8151, 8331, 8332, 8334, 8337, 8339–8343, 8345, 8346, 8347(a), 8348, 8501, 8701–8712, 8714, 8714a, 8716, 8901–8903, 8905, 8907–8910, and 8913, by striking out “Civil Service Commission” and inserting in lieu thereof “Office of Personnel Management”;Effective date note
Amendment by Pub. L. 95–583 effective Nov. 2, 1978, see section 3 of Pub. L. 95–583, set out as a note under section 8706 of this title. Amendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.Pub. L. 95–583 § 1(b) · 92 Stat. 2481
Struck · 5 U.S.C. § 8705(a)
Pub. L. 95–583 struck out “or (c)” after “section 8706(b)”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 95–583 struck out “or (c)” after “section 8706(b)”.Enacted provision · exact public law section
(1) by striking out subsections (b) and (c) and inserting in lieu thereof the following new subsection: “(b) (1) If on the date the insurance would otherwise stop the employee retires on an immediate annuity and has been insured under this chapter throughout— “(A) the 5 years of service immediately preceding such date, or “(B) the full period or periods of service during which the employee was entitled to be insured, if less than 5 years, life insurance only may be continued, without cost to the employee, under conditions determined by the Commission. “(2) If on the date the insurance would otherwise stop the employee Compensation. 5 USC 8101 et seq. is receiving compensation under subchapter I of chapter 81 of this title because of disease or injury to the employee and has been insured under this chapter throughout— “(A) the 5 years of service immediately preceding such date, or “(B) the full period or periods of service during which the employee was entitled to be insured, if less than 5 years, life insurance only may be continued, without cost to the employee, under conditions determined by the Commission, during the period the employee is receiving compensation for work injuries and is held by the Secretary of Labor or his delegate to be unable to return to duty. “(3) The amount of life insurance continued under paragraph (1) or paragraph (2) of this subsection 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 such compensation for disease or injury. The Commission 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.”;Effective date note
Amendment by Pub. L. 95–583 effective Nov. 2, 1978, see section 3 of Pub. L. 95–583, set out as a note under section 8706 of this title. Amendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.Pub. L. 105–205 § 1(1) · 112 Stat. 683
Substituted · 5 U.S.C. § 8705(a)
Pub. L. 105–205, § 1(1), substituted “Except as provided in subsection (e), the” for “The”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 105–205, § 1(1), substituted “Except as provided in subsection (e), the” for “The”.Enacted provision · exact public law section
(1) in subsection (a) by striking “(a) The” and inserting “(a) Except as provided in subsection (e), the”; andPub. L. 105–205 § 1(2) · 112 Stat. 683
Added · 5 U.S.C. § 8705(e)
Pub. L. 105–205, § 1(2), added subsec. (e)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 105–205, § 1(2), added subsec. (e).Enacted provision · exact public law section
(2) by adding at the end the following: “(e) (1) Any amount which would otherwise be paid to a person determined under the order of precedence named by subsection (a) shall be paid (in whole or in part) by the Office to another person if and to the extent expressly provided for in the terms of any court decree of divorce, annulment, or legal separation, or the terms of any court order or court–approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation. “(2) For purposes of this subsection, a decree, order, or agreement referred to in paragraph (1) shall not be effective unless it is received, before the date of the covered employee’s death, by the employing agency or, if the employee has separated from service, by the Office. “(3) A designation under this subsection with respect to any person may not be changed except— “(A) with the written consent of such person, if received as described in paragraph (2); or “(B) by modification of the decree, order, or agreement, as the case may be, if received as described in paragraph (2). “(4) The Office shall prescribe any regulations necessary to Regulations. carry out this subsection, including regulations for the application of this subsection in the event that two or more decrees, orders, or agreements, are received with respect to the same amount.”.
5 of 6 references resolved to an enrolled provision · 1 partial
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| 1966 Act | ||
| Derivation | U.S. Code | Revised Statutes andStatutes at Large |
| 5 U.S.C. 2093. | Aug. 17, 1954, ch. 752, § 4, 68 Stat. 738.Aug. 28, 1962, Pub. L. 87–611, § 1, 76 Stat. 406. | |
In subsection (c), the words “Employees’ Life Insurance Fund” are substituted for “fund created pursuant to section 2094(c) of this title”.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
historicalAndRevision
| 1967 Act | ||
|---|---|---|
| Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
| 8705(a) | 5 App.: 2093. | Mar. 23, 1966, Pub. L. 89–373, § 1, 80 Stat. 78. |
In subsection (a), “Civil Service Commission” is substituted for “Commission” on authority of former 5 U.S.C. 2091(a).
In subsection (c), “Commission” is substituted for “Civil Service Commission” for consistency of style. The full title of the Commission is set forth the first time it is used in a section.
Editorial Notes
Amendments1978–1998 · 2 rounds
1998
Subsec. (a). Pub. L. 105–205, § 1(1), substituted “Except as provided in subsection (e), the” for “The”.
Subsec. (e). Pub. L. 105–205, § 1(2), added subsec. (e).
1978
Subsec. (a). Pub. L. 95–583 struck out “or (c)” after “section 8706(b)”.
Pub. L. 95–454 substituted “Office of Personnel Management” for “Civil Service Commission”.
Subsec. (c). Pub. L. 95–454 substituted “Office” for “Commission” wherever appearing.
Statutory Notes and Related Subsidiaries
Effective Date of 1978 Amendments
Amendment by Pub. L. 95–583 effective , see section 3 of Pub. L. 95–583, set out as a note under section 8706 of this title.
Amendment by Pub. L. 95–454 effective 90 days after , see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.
Credits
1966–1998 · 5 acts
- 1966Pub. L. 89–554, , 80 Stat. 594
- 1967Pub. L. 90–83, § 1(91), , 81 Stat. 219
- 1978Pub. L. 95–454, title IX, § 906(a)(2), (3), , 92 Stat. 1224
- 1978Pub. L. 95–583, § 1(b), , 92 Stat. 2481
- 1998Pub. L. 105–205, § 1, , 112 Stat. 683.
Show as published
(Pub. L. 89–554, , 80 Stat. 594; Pub. L. 90–83, § 1(91), , 81 Stat. 219; Pub. L. 95–454, title IX, § 906(a)(2), (3), , 92 Stat. 1224; Pub. L. 95–583, § 1(b), , 92 Stat. 2481; Pub. L. 105–205, § 1, , 112 Stat. 683.)