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Title 5 — Government Organization and Employees

Part III · Chapter 87 — Life Insurance

§ 8709. Insurance policies

Statutory text

(a)

The Office of Personnel Management, without regard to section 6101(b) to (d) of title 41, may purchase from one or more life insurance companies a policy or policies of group life and accidental death and dismemberment insurance to provide the benefits specified by this chapter. A company must meet the following requirements:

(1)

It must be licensed to transact life and accidental death and dismemberment insurance under the laws of 48 of the States and the District of Columbia.

(2)

It must have in effect, on the most recent December 31 for which information is available to the Office, an amount of employee group life insurance equal to at least 1 percent of the total amount of employee group life insurance in the United States in all life insurance companies.

(b)

A company issuing a policy under subsection (a) of this section shall establish an administrative office under a name approved by the Office.

(c)

The Office at any time may discontinue a policy purchased from a company under subsection (a) of this section.

(d)
(1)

The provisions of any contract under this chapter which relate to the nature or extent of coverage or benefits (including payments with respect to benefits) shall supersede and preempt any law of any State or political subdivision thereof, or any regulation issued thereunder, which relates to group life insurance to the extent that the law or regulation is inconsistent with the contractual provisions.

(2)

For the purpose of this section, “State” means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and a territory or possession of the United States.

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.

  1. Pub. L. 89–554 · 80 Stat. 378

    Enacted · 5 U.S.C. § 8709

    Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 596

    Source evidence

    Code source credit
    Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 596

  2. Pub. L. 95–454 title IX § 906(a)(2) · 92 Stat. 1111

    Substituted · 5 U.S.C. § 8709(a)(c)

    Pub. L. 95–454 substituted “Office of Personnel Management” and “Office” for “Civil Service Commission” and “Commission”, respectively, wherever appearing

    Source evidence

    Code amendment note
    Subsecs. (a) to (c). Pub. L. 95–454 substituted “Office of Personnel Management” and “Office” for “Civil Service Commission” and “Commission”, respectively, 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”;

  3. Federal Employees’ Group Life Insurance Act of 1980

    Pub. L. 96–427 § 5(a) · 94 Stat. 1831

    Added · 5 U.S.C. § 8709(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 8709 of title 5, United States Code, is amended by inserting at the end thereof the following new subsection: “(d) (1) The provisions of any contract under this chapter which relate to the nature or extent of coverage or benefits (including payments with respect to benefits) shall supersede and preempt any law of any State or political subdivision thereof, or any regulation issued thereunder, which relates to group life insurance to the extent that the law or regulation is inconsistent with the contractual provisions. “(2) For the purpose of this section, ‘State’ means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and a territory or possession of the United States.”.

    Effective date note
    Amendment by Pub. L. 96–427 effective Oct. 10, 1980, with the amendment to have no effect in case of an employee who died, was separated, or retired before Oct. 10, 1980, see section 10(a) of Pub. L. 96–427, set out as a note under section 8701 of this title.

  4. Pub. L. 111–350 § 5(a)(11) · 124 Stat. 3677

    Substituted · 5 U.S.C. § 8709(a)

    Pub. L. 111–350 substituted “section 6101(b) to (d) of title 41” for “section 5 of title 41” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 111–350 substituted “section 6101(b) to (d) of title 41” for “section 5 of title 41” in introductory provisions.

    Enacted provision · exact public law section
    (11) In section 8709(a), strike “section 5” and substitute “section 6101(b) to (d)”.

3 of 4 references resolved to an enrolled provision · 1 partial

Notes

historicalAndRevision
Historical and Revision Notes
DerivationU.S. CodeRevised Statutes andStatutes at Large
 5 U.S.C. 2096 (less (c)–(e)).Aug. 17, 1954, ch. 752, § 7 (less (c)–(e)), 68 Stat. 739.

In subsection (a), the words “as determined by it” are omitted as unnecessary.

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

Amendments1978–2011 · 3 rounds

2011

Subsec. (a). Pub. L. 111–350 substituted “section 6101(b) to (d) of title 41” for “section 5 of title 41” in introductory provisions.

1980

Subsec. (d). Pub. L. 96–427 added subsec. (d).

1978

Subsecs. (a) to (c). Pub. L. 95–454 substituted “Office of Personnel Management” and “Office” for “Civil Service Commission” and “Commission”, respectively, wherever appearing.

Statutory Notes and Related Subsidiaries

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.

Credits

1966–2011 · 4 acts
  1. 1966Pub. L. 89–554, , 80 Stat. 596
  2. 1978Pub. L. 95–454, title IX, § 906(a)(2), (3), , 92 Stat. 1224
  3. 1980Pub. L. 96–427, § 5(a), , 94 Stat. 1834
  4. 2011Pub. L. 111–350, § 5(a)(11), , 124 Stat. 3841.
Show as published

(Pub. L. 89–554, , 80 Stat. 596; Pub. L. 95–454, title IX, § 906(a)(2), (3), , 92 Stat. 1224; Pub. L. 96–427, § 5(a), , 94 Stat. 1834; Pub. L. 111–350, § 5(a)(11), , 124 Stat. 3841.)

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