§ 8714a. Optional insurance

Footnotes

1. 1 So in original. Probably should be “paragraph (1) of this subsection,”.

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. 1967

   Postal Revenue and Federal Salary Act of 1967

   Pub. L. 90–206 title IV § 404(1) · 81 Stat. 612

   Enacted · 5 U.S.C. § 8714a

   Added Pub. L. 90–206, title IV, § 404(1), Dec. 16, 1967, 81 Stat. 647

   Source evidence

   Code source credit
   Added Pub. L. 90–206, title IV, § 404(1), Dec. 16, 1967, 81 Stat. 647

   Enacted provision · exact public law section
   (1) by adding the following new section: “§ 8714a. Optional insurance “(a) Under the conditions, directives, and terms specified in sections 8709–8712 of this title, the Civil Service Commission, without regard to section 5 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. Ante, p. 646. “(b) The optional life insurance and accidental death and dismemberment insurance shall be made available to each insured employee under such conditions as the Commission shall prescribe and in amounts approved by the Commission 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) The optional insurance on an employee stops on his separation from service, 12 months after discontinuance of his pay, or on his entry on active duty or active duty for training, as provided in sections 8706(a) and 8706(d) of this title. 80 Stat. 595. “(2) So much of the optional life insurance in force on an employee on the date he retires on an immediate annuity or becomes entitled to receive compensation for work injuries which has been in force for not less than— “(A) the full period or periods of service during which the optional insurance was available to him; or “(B) the 12 years of service immediately preceding his retirement or beginning date of entitlement to compensation for work injuries and during which the optional insurance was available to him; whichever is shorter, may be continued— “(A) after retirement, under the same conditions (except with respect to cost but including reduction of the amount continued) as provided in section 8706(b) of this title; or “(B) while in receipt of compensation for work injuries under the same conditions (except with respect to cost) as provided in section 8706(c) of this title. “(d) 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) or 8706(c) 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 Ante, p. 647. 8707 and 8708 of this title. “(e) The cost of the optional insurance shall be determined from time to time by the Commission 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 80 Stat. 594; Ante, p. 219. as provided in section 8705 of this title.”; and

2. 1978

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

   1. Substituted · 5 U.S.C. § 8714a(a); 5 U.S.C. § 8714a(b)

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

   2. Substituted · 5 U.S.C. § 8714a(a); 5 U.S.C. § 8714a(b)

      Pub. L. 95–454 substituted “Office” for “Commission” wherever appearing

   Source evidence

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

3. 1978

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

   Substituted · 5 U.S.C. § 8714a(c)(2)

   Pub. L. 95–454, which substituted “Office” for “Commission”, was executed to text of subsec. (c)(2) as amended by Pub. L. 95–583. See Effective Date of 1978 Amendments note below

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 95–454, which substituted “Office” for “Commission”, was executed to text of subsec. (c)(2) as amended by Pub. L. 95–583. See Effective Date of 1978 Amendments note below.

   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”;

4. 1978

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

   Substituted · 5 U.S.C. § 8714a(e)

   Pub. L. 95–454 substituted “Office” for “Commission”

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 95–454 substituted “Office” for “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”;

5. 1978

   Pub. L. 95–583 § 1(c)(1) · 92 Stat. 2481

   Substituted · 5 U.S.C. § 8714a(c)(1)

   Pub. L. 95–583, § 1(c)(1), substituted reference to section “8706(c)” for “8706(d)”

   Source evidence

   Code amendment note
   Subsec. (c)(1). Pub. L. 95–583, § 1(c)(1), substituted reference to section “8706(c)” for “8706(d)”.

   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.”;

6. 1978

   Pub. L. 95–583 § 1(c)(2) · 92 Stat. 2481

   1. Added · 5 U.S.C. § 8714a(c)(2)

      Pub. L. 95–583, § 1(c)(2), added par. (2)

   2. Struck · 5 U.S.C. § 8714a(c)(2)

      Pub. L. 95–583, § 1(c)(2), struck out former par. (2) which read as follows: “So much of the optional life insurance in force on an employee on the date he retires on an immediate annuity or becomes entitled to receive compensation for work injuries which has been in force for not less than—

   Source evidence

   Code amendment note
   Subsec. (c)(2). Pub. L. 95–583, § 1(c)(2), added par. (2) and struck out former par. (2) which read as follows: “So much of the optional life insurance in force on an employee on the date he retires on an immediate annuity or becomes entitled to receive compensation for work injuries which has been in force for not less than—

   “(A) the full period or periods of service during which the optional insurance was available to him; or “(B) the 12 years of service immediately preceding his retirement or beginning date of entitlement to compensation for work injuries and during which the optional insurance was available to him; whichever is shorter, may be continued— “(A) after retirement, under the same conditions (except with respect to cost but including reduction of the amount continued) as provided in section 8706(b) of this title; or “(B) while in receipt of compensation for work injuries under the same conditions (except with respect to cost) as provided in section 8706(c) of this title.”

   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.”;

7. 1978

   Pub. L. 95–583 § 1(c)(3) · 92 Stat. 2481

   Struck · 5 U.S.C. § 8714a(d)

   Pub. L. 95–583, § 1(c)(3), struck out “or 8706(c)” after “section 8706(b)”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 95–583, § 1(c)(3), struck out “or 8706(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.”;

8. 1980

   Federal Employees’ Group Life Insurance Act of 1980

   Pub. L. 96–427 § 6(a) · 94 Stat. 1831

   Substituted · 5 U.S.C. § 8714a(c)(2)(C)

   Pub. L. 96–427, § 6(a), substituted provisions that the amount of optional life insurance shall be reduced by 2% at the end of each calendar month after the date the employee becomes 65 years of age and is retired or is receiving compensation for disease or injury and that the Office shall prescribe minimum amount of life insurance in force before the first reduction to which the insurance may be reduced for provisions that such optional insurance be subject to the same monthly reductions as required for regular life insurance under section 8706(b)(3) of this title

   Source evidence

   Code amendment note
   Subsec. (c)(2)(C). Pub. L. 96–427, § 6(a), substituted provisions that the amount of optional life insurance shall be reduced by 2% at the end of each calendar month after the date the employee becomes 65 years of age and is retired or is receiving compensation for disease or injury and that the Office shall prescribe minimum amount of life insurance in force before the first reduction to which the insurance may be reduced for provisions that such optional insurance be subject to the same monthly reductions as required for regular life insurance under section 8706(b)(3) of this title.

   Enacted provision · exact public law section
   (a) Section 8714a(c)(2)(C) of title 5, United States Code, is amended to read as follows: “(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.”.

9. 1980

   Federal Employees’ Group Life Insurance Act of 1980

   Pub. L. 96–427 § 6(b) · 94 Stat. 1831

   1. Amended · 5 U.S.C. § 8714a(d)

      Pub. L. 96–427, § 6(b), designated existing provisions as par. (1)

   2. Added · 5 U.S.C. § 8714a(d)

      Pub. L. 96–427, § 6(b), added par. (2)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 96–427, § 6(b), designated existing provisions as par. (1) and added par. (2).

   Enacted provision · exact public law section
   (b) Section 8714a(d) of title 5 is amended by inserting “(1)” after “(d)” and by adding at the end thereof the following new paragraph: “(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.”.

10. 1986

    Pub. L. 99–336 § 7(1) · 100 Stat. 633

    Amended · 5 U.S.C. § 8714a(c)(1)

    Pub. L. 99–336 amended Pub. L. 98–353, § 206, generally. See 1984 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 99–336 amended Pub. L. 98–353, § 206, generally. See 1984 Amendment note below.

    Enacted provision · exact public law section
    (1) section 206 is revised to read as follows:

11. 1984

    Pub. L. 98–353 § 206 · 98 Stat. 333

    1. Amended · 5 U.S.C. § 8714a(c)(1)

       Pub. L. 98–353, § 206, as amended generally by Pub. L. 99–336

    2. Inserted · 5 U.S.C. § 8714a(c)(1)

       Pub. L. 98–353, § 206, as inserted sentence which deemed justices and judges described in section 8701(a)(5)(ii) and (iii) of this chapter to continue in active employment for purposes of this chapter

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 98–353, § 206, as amended generally by Pub. L. 99–336, inserted sentence which deemed justices and judges described in section 8701(a)(5)(ii) and (iii) of this chapter to continue in active employment for purposes of this chapter.

    Enacted provision · exact public law section
    Sec. 206. Section 8714a(c) of title 5, United States Code, is Insurance. amended by adding a new paragraph (3) as follows: “(3) Notwithstanding paragraph (c)(1) of this section, 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 Ante, p. 350. Ante, p. 350. 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.”.

12. 1984

    Pub. L. 98–353 § 206 · 98 Stat. 333

    Added · 5 U.S.C. § 8714a(c)(3)

    Pub. L. 98–353, § 206, added par. (3)

    Source evidence

    Code amendment note
    Subsec. (c)(3). Pub. L. 98–353, § 206, added par. (3).

    Enacted provision · exact public law section
    Sec. 206. Section 8714a(c) of title 5, United States Code, is Insurance. amended by adding a new paragraph (3) as follows: “(3) Notwithstanding paragraph (c)(1) of this section, 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 Ante, p. 350. Ante, p. 350. 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.”.

13. 1986

    Pub. L. 99–335 title II § 207(k)(3) · 100 Stat. 514

    Amended · 5 U.S.C. § 8714a(c)(1)

    Pub. L. 99–335 amended par. (1) generally, effective Jan. 1, 1987. Prior to such effective date, par. (1) read as follows: “The optional insurance on an employee stops on his separation from service, 12 months after discontinuance of his pay, or on his entry on active duty or active duty for training, as provided in sections 8706(a) and 8706(c) of this title. Justices and judges of the United States described in section 8701(a)(5)(ii) and (iii) of this chapter are deemed to continue in active employment for purposes of this chapter.”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 99–335 amended par. (1) generally, effective Jan. 1, 1987. Prior to such effective date, par. (1) read as follows: “The optional insurance on an employee stops on his separation from service, 12 months after discontinuance of his pay, or on his entry on active duty or active duty for training, as provided in sections 8706(a) and 8706(c) of this title. Justices and judges of the United States described in section 8701(a)(5)(ii) and (iii) of this chapter are deemed to continue in active employment for purposes of this chapter.”

    Enacted provision · exact public law section
    (3) by striking out subsection (c)(1) of section 8714a and inserting in lieu thereof the following:

14. 1998

    Federal Employees Life Insurance Improvement Act

    Pub. L. 105–311 § 6(2) · 112 Stat. 2950

    Added · 5 U.S.C. § 8714a(d)(3)

    Pub. L. 105–311 added par. (3)

    Source evidence

    Code amendment note
    Subsec. (d)(3). Pub. L. 105–311 added par. (3).

    Enacted provision · exact public law section
    (2) in section 8714a(d), by adding at the end the following new paragraph: “(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.”;

    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.

15. 2008

    Duncan Hunter National Defense Authorization Act for Fiscal Year 2009

    Pub. L. 110–417 · 122 Stat. 4356

    1. Amended · 5 U.S.C. § 8714a(b)

       Pub. L. 110–417 designated existing provisions as par. (2)

    2. Added · 5 U.S.C. § 8714a(b)

       Pub. L. 110–417 added par. (1)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 110–417 designated existing provisions as par. (2) and added par. (1).

16. 2011

    Pub. L. 111–350 § 5(a)(12) · 124 Stat. 3677

    Substituted · 5 U.S.C. § 8714a(a)

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

    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”.

    Enacted provision · exact public law section
    (12) In section 8714a(a), strike “section 5” and substitute “section 6101(b) to (d)”.

19 of 21 references resolved to an enrolled provision · 2 partial