Title 5 — Government Organization and Employees
Part III · Chapter 87 — Life Insurance
§ 8707. Employee deductions; withholding
Statutory text
Subject to subsection (c)(2), during each period in which an employee is insured under a policy purchased by the Office of Personnel Management under section 8709 of this title, there shall be withheld from the employee’s pay a share of the cost of the group life insurance and accidental death and dismemberment insurance.
Subject to subsection (c)(2), whenever life insurance continues after an employee retires on an immediate annuity or while the employee is receiving compensation under subchapter I of chapter 81 of this title because of disease or injury to the employee, as provided in section 8706(b) of this title, deductions for insurance shall be withheld from the employee’s annuity or compensation, except that, in any case in which the insurance is continued as provided in section 8706(b)(3)(A) of this title, the deductions shall not be made for months after the calendar month in which the employee becomes 65 years of age.
Notwithstanding paragraph (1) of this subsection, insurance shall be so continued without cost (other than as provided under section 8706(b)(3)(B)) to each employee who so retires, or commences receiving compensation, on or before .
The amount withheld from the pay, annuity, or compensation of each employee subject to insurance deductions shall be at the rate, adjusted to the nearest half-cent, of 66⅔ percent of the level cost as determined by the Office for each $1,000 of the employee’s basic insurance amount.
An employee who is subject to withholdings under this section and whose pay, annuity, or compensation is insufficient to cover such withholdings may nevertheless continue insurance if the employee arranges to pay currently into the Employees’ Life Insurance Fund, through the agency or retirement system that administers pay, annuity, or compensation, an amount equal to the withholdings that would otherwise be required under this section.
If an agency fails to withhold the proper amount of life insurance deductions from an individual’s salary, compensation, or retirement annuity, the collection of unpaid deductions 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 unpaid deductions, the agency shall submit an amount equal to the sum of the uncollected deductions and related agency contributions required under section 8708 of this title to the Office for deposit to the Employees’ Life Insurance Fund.
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. § 8707
Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 595
Source evidence
Code source credit
Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 595Postal Revenue and Federal Salary Act of 1967
Pub. L. 90–206 title IV § 402 · 81 Stat. 612
Struck · 5 U.S.C. § 8707
Pub. L. 90–206 struck out reference to the Civil Service Commission’s function of determining the amount to be withheld for group insurance
Substituted · 5 U.S.C. § 8707
Pub. L. 90–206 substituted provisions setting a rate of 66⅔ percent of the level cost of each $1,000 of insurance as determined by the Commission for provisions setting a limit of 25 cents biweekly for each $1,000 of group life insurance and directing the withholding of the amount from employees paid on other than a biweekly basis at a proportional rate adjusted to the nearest cent
Source evidence
Code amendment note
Pub. L. 90–206 struck out reference to the Civil Service Commission’s function of determining the amount to be withheld for group insurance and substituted provisions setting a rate of 66⅔ percent of the level cost of each $1,000 of insurance as determined by the Commission for provisions setting a limit of 25 cents biweekly for each $1,000 of group life insurance and directing the withholding of the amount from employees paid on other than a biweekly basis at a proportional rate adjusted to the nearest cent.Enacted provision · exact public law section
Sec. 402. Section 8707 of title 5, United States Code, is amended 80 Stat. 595. to read as follows: “§8707. Employee deductions; withholding “During each period in which an employee is insured under a policy of insurance purchased by the Civil Service Commission under section 8709 of this title, there shall be withheld from the pay of the employee his share of the cost of the group life insurance and accidental death and dismemberment insurance. The amount withheld shall be at the rate, adjusted to the nearest half-cent, of 66⅔ percent of the level cost of each $1,000 of insurance, as determined by the Commission.”.Pub. L. 95–454 title IX § 906(a)(2) · 92 Stat. 1111
Substituted · 5 U.S.C. § 8707
Pub. L. 95–454 substituted “Office of Personnel Management” and “Office” for “Civil Service Commission” and “Commission”, respectively
Source evidence
Code amendment note
Pub. L. 95–454 substituted “Office of Personnel Management” and “Office” for “Civil Service Commission” and “Commission”, respectively.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”;Federal Employees’ Group Life Insurance Act of 1980
Pub. L. 96–427 § 4(a) · 94 Stat. 1831
Amended · 5 U.S.C. § 8707(a)
Pub. L. 96–427 designated first sentence of existing section as subsec. (a)
Substituted · 5 U.S.C. § 8707(a)
Pub. L. 96–427 substituted “a policy purchased” for “a policy of insurance purchased”
Substituted · 5 U.S.C. § 8707(a)
Pub. L. 96–427 substituted “the employee’s pay a share of the cost” for “the pay of the employee his share of the cost”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 96–427 designated first sentence of existing section as subsec. (a) and substituted “a policy purchased” for “a policy of insurance purchased” and “the employee’s pay a share of the cost” for “the pay of the employee his share of the cost”.Enacted provision · exact public law section
(a) Section 8707 of title 5, United States Code, is amended to read as follows: “§ 8707. Employee deductions; withholding “(a) During each period in which an employee is insured under a policy purchased by the Office of Personnel Management under section 8709 of this title, there shall be withheld from the employee’s 5 USC 8709. pay a share of the cost of the group life insurance and accidental death and dismemberment insurance. “(b) (1) Whenever life insurance continues after an employee retires on an immediate annuity or while the employee is receiving compensation under subchapter I of chapter 81 of this title because of disease 5 USC 8101. or injury to the employee, as provided in section 8706(b) of this title, deductions for insurance shall be withheld from the employee’s annuity or compensation, except that, in any case in which the insurance is continued as provided in section 8706(b)(3)(A) of this title, 5 USC 8706. the deductions shall not be made for months after the calendar month in which the employee becomes 65 years of age. “(2) Notwithstanding paragraph (1) of this subsection, insurance shall be so continued without cost (other than as provided under section 8706(b)(3)(B)) to each employee who so retires, or commences receiving compensation, on or before December 31, 1989. “(c) The amount withheld from the pay, annuity, or compensation of each employee subject to insurance deductions shall be at the rate, adjusted to the nearest half-cent, of 66% percent of the level cost as determined by the Office for each $1,000 of the employee’s basic insurance amount. “(d) If an agency fails to withhold the proper amount of life Waiver. insurance deductions from an individual’s salary, compensation, or retirement annuity, the collection of unpaid deductions 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 unpaid deductions, the agency shall submit an amount equal to the sum of the uncollected deductions and related agency contributions required 5 USC 8708. under section 8708 of this title to the Office for deposit to the Employees’ Life Insurance Fund.”.Federal Employees’ Group Life Insurance Act of 1980
Pub. L. 96–427 § 4(a) · 94 Stat. 1831
Added · 5 U.S.C. § 8707(b)
Pub. L. 96–427 added subsec. (b)
Source evidence
Code amendment note
Subsec. (b). Pub. L. 96–427 added subsec. (b).Enacted provision · exact public law section
(a) Section 8707 of title 5, United States Code, is amended to read as follows: “§ 8707. Employee deductions; withholding “(a) During each period in which an employee is insured under a policy purchased by the Office of Personnel Management under section 8709 of this title, there shall be withheld from the employee’s 5 USC 8709. pay a share of the cost of the group life insurance and accidental death and dismemberment insurance. “(b) (1) Whenever life insurance continues after an employee retires on an immediate annuity or while the employee is receiving compensation under subchapter I of chapter 81 of this title because of disease 5 USC 8101. or injury to the employee, as provided in section 8706(b) of this title, deductions for insurance shall be withheld from the employee’s annuity or compensation, except that, in any case in which the insurance is continued as provided in section 8706(b)(3)(A) of this title, 5 USC 8706. the deductions shall not be made for months after the calendar month in which the employee becomes 65 years of age. “(2) Notwithstanding paragraph (1) of this subsection, insurance shall be so continued without cost (other than as provided under section 8706(b)(3)(B)) to each employee who so retires, or commences receiving compensation, on or before December 31, 1989. “(c) The amount withheld from the pay, annuity, or compensation of each employee subject to insurance deductions shall be at the rate, adjusted to the nearest half-cent, of 66% percent of the level cost as determined by the Office for each $1,000 of the employee’s basic insurance amount. “(d) If an agency fails to withhold the proper amount of life Waiver. insurance deductions from an individual’s salary, compensation, or retirement annuity, the collection of unpaid deductions 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 unpaid deductions, the agency shall submit an amount equal to the sum of the uncollected deductions and related agency contributions required 5 USC 8708. under section 8708 of this title to the Office for deposit to the Employees’ Life Insurance Fund.”.Federal Employees’ Group Life Insurance Act of 1980
Pub. L. 96–427 § 4(a) · 94 Stat. 1831
Amended · 5 U.S.C. § 8707(c)
Pub. L. 96–427 designated second sentence of existing section as subsec. (c)
Inserted · 5 U.S.C. § 8707(c)
Pub. L. 96–427 inserted reference to pay, annuity, or compensation of each employee
Source evidence
Code amendment note
Subsec. (c). Pub. L. 96–427 designated second sentence of existing section as subsec. (c) and inserted reference to pay, annuity, or compensation of each employee.Enacted provision · exact public law section
(a) Section 8707 of title 5, United States Code, is amended to read as follows: “§ 8707. Employee deductions; withholding “(a) During each period in which an employee is insured under a policy purchased by the Office of Personnel Management under section 8709 of this title, there shall be withheld from the employee’s 5 USC 8709. pay a share of the cost of the group life insurance and accidental death and dismemberment insurance. “(b) (1) Whenever life insurance continues after an employee retires on an immediate annuity or while the employee is receiving compensation under subchapter I of chapter 81 of this title because of disease 5 USC 8101. or injury to the employee, as provided in section 8706(b) of this title, deductions for insurance shall be withheld from the employee’s annuity or compensation, except that, in any case in which the insurance is continued as provided in section 8706(b)(3)(A) of this title, 5 USC 8706. the deductions shall not be made for months after the calendar month in which the employee becomes 65 years of age. “(2) Notwithstanding paragraph (1) of this subsection, insurance shall be so continued without cost (other than as provided under section 8706(b)(3)(B)) to each employee who so retires, or commences receiving compensation, on or before December 31, 1989. “(c) The amount withheld from the pay, annuity, or compensation of each employee subject to insurance deductions shall be at the rate, adjusted to the nearest half-cent, of 66% percent of the level cost as determined by the Office for each $1,000 of the employee’s basic insurance amount. “(d) If an agency fails to withhold the proper amount of life Waiver. insurance deductions from an individual’s salary, compensation, or retirement annuity, the collection of unpaid deductions 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 unpaid deductions, the agency shall submit an amount equal to the sum of the uncollected deductions and related agency contributions required 5 USC 8708. under section 8708 of this title to the Office for deposit to the Employees’ Life Insurance Fund.”.Federal Employees’ Group Life Insurance Act of 1980
Pub. L. 96–427 § 4(a) · 94 Stat. 1831
Added · 5 U.S.C. § 8707(d)
Pub. L. 96–427 added subsec. (d)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 96–427 added subsec. (d).Enacted provision · exact public law section
(a) Section 8707 of title 5, United States Code, is amended to read as follows: “§ 8707. Employee deductions; withholding “(a) During each period in which an employee is insured under a policy purchased by the Office of Personnel Management under section 8709 of this title, there shall be withheld from the employee’s 5 USC 8709. pay a share of the cost of the group life insurance and accidental death and dismemberment insurance. “(b) (1) Whenever life insurance continues after an employee retires on an immediate annuity or while the employee is receiving compensation under subchapter I of chapter 81 of this title because of disease 5 USC 8101. or injury to the employee, as provided in section 8706(b) of this title, deductions for insurance shall be withheld from the employee’s annuity or compensation, except that, in any case in which the insurance is continued as provided in section 8706(b)(3)(A) of this title, 5 USC 8706. the deductions shall not be made for months after the calendar month in which the employee becomes 65 years of age. “(2) Notwithstanding paragraph (1) of this subsection, insurance shall be so continued without cost (other than as provided under section 8706(b)(3)(B)) to each employee who so retires, or commences receiving compensation, on or before December 31, 1989. “(c) The amount withheld from the pay, annuity, or compensation of each employee subject to insurance deductions shall be at the rate, adjusted to the nearest half-cent, of 66% percent of the level cost as determined by the Office for each $1,000 of the employee’s basic insurance amount. “(d) If an agency fails to withhold the proper amount of life Waiver. insurance deductions from an individual’s salary, compensation, or retirement annuity, the collection of unpaid deductions 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 unpaid deductions, the agency shall submit an amount equal to the sum of the uncollected deductions and related agency contributions required 5 USC 8708. under section 8708 of this title to the Office for deposit to the Employees’ Life Insurance Fund.”.Federal Employees Life Insurance Improvement Act
Pub. L. 105–311 § 6(1)(A) · 112 Stat. 2950
Substituted · 5 U.S.C. § 8707(a)
Pub. L. 105–311, § 6(1)(A), substituted “Subject to subsection (c)(2), during” for “During”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 105–311, § 6(1)(A), substituted “Subject to subsection (c)(2), during” for “During”.Enacted provision · exact public law section
(A) in subsection (a), by striking “(a) During” and inserting “(a) Subject to subsection (c)(2), during”;Effective date note
Amendment by Pub. L. 105–311 effective on the first day of the first applicable pay period beginning on or after Oct. 30, 1998, see section 11(d) of Pub. L. 105–311, set out as a note under section 8701 of this title.Federal Employees Life Insurance Improvement Act
Pub. L. 105–311 § 6(1)(B) · 112 Stat. 2950
Substituted · 5 U.S.C. § 8707(b)(1)
Pub. L. 105–311, § 6(1)(B), substituted “Subject to subsection (c)(2), whenever” for “Whenever”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 105–311, § 6(1)(B), substituted “Subject to subsection (c)(2), whenever” for “Whenever”.Enacted provision · exact public law section
(B) in subsection (b), by striking “(b)(1) Whenever” and inserting “(b)( 1) Subject to subsection (c)(2), whenever”; andEffective date note
Amendment by Pub. L. 105–311 effective on the first day of the first applicable pay period beginning on or after Oct. 30, 1998, see section 11(d) of Pub. L. 105–311, set out as a note under section 8701 of this title.Federal Employees Life Insurance Improvement Act
Pub. L. 105–311 § 6(1)(C) · 112 Stat. 2950
Amended · 5 U.S.C. § 8707(c)
Pub. L. 105–311, § 6(1)(C), designated existing provisions as par. (1)
Added · 5 U.S.C. § 8707(c)
Pub. L. 105–311, § 6(1)(C), added par. (2)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 105–311, § 6(1)(C), designated existing provisions as par. (1) and added par. (2).Enacted provision · exact public law section
(C) in subsection (c), by inserting “(1)” immediately after “(c)” and by adding at the end the following new paragraph: “(2) An employee who is subject to withholdings under this section and whose pay, annuity, or compensation is insufficient to cover such withholdings may nevertheless continue insurance if the employee arranges to pay currently into the Employees’ Life Insurance Fund, through the agency or retirement system that administers pay, annuity, or compensation, an amount equal to the withholdings that would otherwise be required under this section.”;Effective date note
Amendment by Pub. L. 105–311 effective on the first day of the first applicable pay period beginning on or after Oct. 30, 1998, see section 11(d) of Pub. L. 105–311, set out as a note under section 8701 of this title.
14 of 15 references resolved to an enrolled provision · 1 partial
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| Derivation | U.S. Code | Revised Statutes andStatutes at Large |
| 5 U.S.C. 2094(a) (1st par.). | Aug. 17, 1954, ch. 752, § 5(a) (1st par.), 68 Stat. 738.Sept. 23, 1959, Pub. L. 86–377, § 4(b), 73 Stat. 701. | |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
Amendments1967–1998 · 4 rounds
1998
Subsec. (a). Pub. L. 105–311, § 6(1)(A), substituted “Subject to subsection (c)(2), during” for “During”.
Subsec. (b)(1). Pub. L. 105–311, § 6(1)(B), substituted “Subject to subsection (c)(2), whenever” for “Whenever”.
Subsec. (c). Pub. L. 105–311, § 6(1)(C), designated existing provisions as par. (1) and added par. (2).
1980
Subsec. (a). Pub. L. 96–427 designated first sentence of existing section as subsec. (a) and substituted “a policy purchased” for “a policy of insurance purchased” and “the employee’s pay a share of the cost” for “the pay of the employee his share of the cost”.
Subsec. (b). Pub. L. 96–427 added subsec. (b).
Subsec. (c). Pub. L. 96–427 designated second sentence of existing section as subsec. (c) and inserted reference to pay, annuity, or compensation of each employee.
Subsec. (d). Pub. L. 96–427 added subsec. (d).
1978
Pub. L. 95–454 substituted “Office of Personnel Management” and “Office” for “Civil Service Commission” and “Commission”, respectively.
1967
Pub. L. 90–206 struck out reference to the Civil Service Commission’s function of determining the amount to be withheld for group insurance and substituted provisions setting a rate of 66⅔ percent of the level cost of each $1,000 of insurance as determined by the Commission for provisions setting a limit of 25 cents biweekly for each $1,000 of group life insurance and directing the withholding of the amount from employees paid on other than a biweekly basis at a proportional rate adjusted to the nearest cent.
Statutory Notes and Related Subsidiaries
Effective Date of 1998 Amendment
Amendment by Pub. L. 105–311 effective on the first day of the first applicable pay period beginning on or after , see section 11(d) of Pub. L. 105–311, set out as a note under section 8701 of this title.
Effective Date of 1980 Amendment
Amendment by Pub. L. 96–427 effective , with the amendment to have no effect in case of an employee who died, was separated, or retired before , see section 10(a) of Pub. L. 96–427, set out as a note under section 8701 of this title.
Effective Date of 1978 Amendment
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.
Effective Date of 1967 Amendment
Amendment by Pub. L. 90–206 effective on first day of first pay period which begins on or after sixtieth day following , see section 405(a) of Pub. L. 90–206, set out as a note under section 8704 of this title.
Retroactive Effect of 1967 Amendment
Amendment by Pub. L. 90–206 to have no effect in case of an employee who died, was finally separated, or retired prior to , see section 405(c) of Pub. L. 90–206, set out as a note under section 8704 of this title.
Credits
1966–1998 · 5 acts
- 1966Pub. L. 89–554, , 80 Stat. 595
- 1967Pub. L. 90–206, title IV, § 402, , 81 Stat. 647
- 1978Pub. L. 95–454, title IX, § 906(a)(2), (3), , 92 Stat. 1224
- 1980Pub. L. 96–427, § 4(a), , 94 Stat. 1833
- 1998Pub. L. 105–311, § 6(1), , 112 Stat. 2951.
Show as published
(Pub. L. 89–554, , 80 Stat. 595; Pub. L. 90–206, title IV, § 402, , 81 Stat. 647; Pub. L. 95–454, title IX, § 906(a)(2), (3), , 92 Stat. 1224; Pub. L. 96–427, § 4(a), , 94 Stat. 1833; Pub. L. 105–311, § 6(1), , 112 Stat. 2951.)