Title 5 — Government Organization and Employees
Part III · Chapter 87 — Life Insurance
§ 8714b. Additional optional life insurance
Statutory text
Under the conditions, directives, and terms specified in sections 8709 through 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 employee insured under section 8702 of this title amounts of additional optional life insurance (without accidental death and dismemberment insurance). An employee may elect coverage under this section without regard to whether the employee has elected coverage under optional insurance available under section 8714a of this title.
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.
The additional optional insurance provided under this section shall be made available to each eligible employee who has elected coverage under this section, under conditions the Office shall prescribe, in multiples, at the employee’s election, of 1, 2, 3, 4, or 5 times the annual rate of basic pay payable to the employee (rounded to the next higher multiple of $1,000). An employee may reduce or stop coverage elected pursuant to this section at any time.
Except as otherwise provided in this subsection, the additional optional insurance elected by an employee pursuant to this section shall stop on 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. 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. 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 additional 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.
In the case of any employee who retires on an immediate annuity or who becomes entitled to receive compensation under subchapter I of chapter 81 of this title because of disease or injury to the employee, so much of the additional optional insurance as has been in force for not less than—
the 5 years of service immediately preceding the date of retirement or entitlement to compensation, or
the full period or periods of service during which the insurance was available to the employee, if fewer than 5 years,
may be continued under conditions determined by the Office after retirement or while the employee is receiving compensation under subchapter I of chapter 81 of this title and is held by the Secretary of Labor (or the Secretary’s delegate) to be unable to return to duty.
The amount of additional optional insurance continued under paragraph (2) shall be continued, with or without reduction, in accordance with the employee’s written election at the time eligibility to continue insurance during retirement or receipt of compensation arises, as follows:
The employee may elect to have withholdings cease in accordance with subsection (d), in which case—
the amount of additional optional insurance continued under paragraph (2) shall be reduced each month by 2 percent effective at the beginning of the second calendar month after the date the employee becomes 65 years of age and is retired or is in receipt of compensation; and
the reduction under clause (i) shall continue for 50 months at which time the insurance shall stop.
The employee may, instead of the option under subparagraph (A), elect to have the full cost of additional optional insurance continue to be withheld from such employee’s annuity or compensation on and after the date such withholdings would otherwise cease pursuant to an election under subparagraph (A), in which case the amount of additional optional insurance continued under paragraph (2) shall not be reduced, subject to paragraph (4).
An employee who does not make any election under the preceding provisions of this paragraph shall be treated as if such employee had made an election under subparagraph (A).
If an employee makes an election under paragraph (3)(B), that individual may subsequently cancel such election, in which case additional optional insurance shall be determined as if the individual had originally made an election under paragraph (3)(A).
An employee whose additional optional insurance under this section would otherwise stop in accordance with paragraph (1) and who is not eligible to continue insurance under paragraph (2) may elect, under conditions prescribed by the Office of Personnel Management, to continue all or a portion of so much of the additional optional insurance as has been in force for not less than—
the 5 years of service immediately preceding the date of the event which would cause insurance to stop under paragraph (1); or
the full period or periods of service during which the insurance was available to the employee, if fewer than 5 years,
at group rates established for purposes of this section, in lieu of conversion to an individual policy. The amount of insurance continued under this paragraph shall be reduced by 50 percent effective at the beginning of the second calendar month after the date the employee or former employee attains age 70 and shall stop at the beginning of the second calendar month after attainment of age 80, 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. Alternatively, insurance continued under this paragraph may be reduced or stopped at any time the employee or former employee elects.
When an employee or former employee elects to continue additional optional insurance under this paragraph following separation from service or 12 months without pay, the insured individual shall submit timely payment of the full cost thereof, plus any amount the Office determines necessary to cover associated administrative expenses, in such manner as the Office shall prescribe by regulation. Amounts required under this subparagraph shall be deposited, used, and invested as provided under section 8714 and shall be reported and accounted for together with amounts withheld under section 8714a(d).
Subject to clause (ii), no election to continue additional optional insurance may be made under this paragraph 3 years after the effective date of this paragraph.
On and after the date on which an election may not be made under clause (i), all additional optional insurance under this paragraph for former employees shall terminate, 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.
During each period in which the additional optional insurance is in force on an employee the full cost thereof shall be withheld from the employee’s pay. During each period in which an employee continues additional optional insurance after retirement or while in receipt of compensation under subchapter I of chapter 81 of this title because of disease or injury to the employee, as provided in subsection (c) of this section, the full cost thereof shall be withheld from the former employee’s annuity or compensation, except that, if insurance is continued as provided under subsection (c)(3)(A), beginning at the end of the calendar month in which the former employee becomes 65 years of age, the additional optional life insurance shall be without cost to the former employee. Amounts so withheld (and any amounts withheld as provided in subsection (c)(3)(B)) shall be deposited, used, and invested as provided in section 8714 of this title and shall be reported and accounted for together with amounts withheld under section 8714a(d) of this title.
If an agency fails to withhold the proper cost of additional 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.
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 additional 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.
The cost of the additional optional insurance shall be determined from time to time by the Office on the basis of the employee’s age relative to such age groups as the Office establishes under section 8714a(e) of this title.
The amount of additional optional life insurance in force on an employee at the date of his death shall be paid as provided in section 8705 of this title.
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.
Federal Employees’ Group Life Insurance Act of 1980
Pub. L. 96–427 § 7(a) · 94 Stat. 1831
Enacted · 5 U.S.C. § 8714b
Added Pub. L. 96–427, § 7(a), Oct. 10, 1980, 94 Stat. 1834
Source evidence
Code source credit
Added Pub. L. 96–427, § 7(a), Oct. 10, 1980, 94 Stat. 1834Enacted provision · exact public law section
(a) Chapter 87 of title 5, United States Code, is further amended by inserting after section 8714a the following new section: “§ 8714b. Additional optional life insurance “(a) Under the conditions, directives, and terms specified in 5 USC 8709–8712. sections 8709 through 8712 of this title, the Office of Personnel Management, without regard to section 5 of title 41, may purchase a policy which shall make available to each employee insured under section 5 USC 8702. 8702 of this title amounts of additional optional life insurance (without accidental death and dismemberment insurance). An employee may elect coverage under this section without regard to whether the employee has elected coverage under optional insurance 5 USC 8714a. available under section 8714a of this title. “(b) The additional optional insurance provided under this section shall be made available to each eligible employee who has elected coverage under this section, under conditions the Office shall prescribe, in multiples, at the employee’s election, of 1,2,3,4, or 5 times the annual rate of basic pay payable to the employee (rounded to the next higher multiple of $1,000) except that coverage may not exceed an amount equal to 5 times the annual rate of basic pay payable for positions at level II of the Executive Schedule under section 5313 of this title (rounded to the next higher multiple of $1,000). An employee 5 USC 5313. may reduce or stop coverage elected pursuant to this section at any time. “(c) (1) The additional optional insurance elected by an employee pursuant to this section shall stop on separation from service, 12 months after discontinuance of pay, or on entry on active military duty or active duty for training, subject to provision for a 31-day temporary extension of insurance coverage and for conversion to an individual policy, as provided in sections 8706(a) and 8706(c) of this title. 5 USC 8706. “(2) In the case of any employee who retires on an immediate annuity or who becomes entitled to receive compensation under subchapter I of chapter 81 of this title because of disease or injury to 5 USC 8101. the employee, so much of the additional optional insurance as has been in force for not less than— “(A) the 5 years of service immediately preceding the date of retirement or entitlement to compensation, or “(B) the full period or periods of service during which the insurance was available to the employee, if fewer than 5 years, may be continued under conditions determined by the Office after retirement or while the employee is receiving compensation under subchapter I of chapter 81 of this title and is held by the Secretary of Labor (or the Secretary’s delegate) to be unable to return to duty. The amount of insurance continued under this paragraph shall be reduced each month by 2 percent effective at the beginning of the second calendar month after the date the employee becomes 65 years of age and is retired or is in receipt of compensation. The reduction shall continue for 50 months at which time the insurance stops. “(d) (1) During each period in which the additional optional insurance is in force on an employee the full cost thereof shall be withheld from the employee’s pay. During each period in which an employee continues additional optional insurance after retirement or while in receipt of compensation under subchapter I of chapter 81 of this title because of disease or injury to the employee, as provided in subsection (c) of this section, the full cost thereof shall be withheld from the former employee’s annuity or compensation, except that, beginning at the end of the calendar month in which the former employee becomes 65 years of age, the additional optional life insurance shall be without cost to the former employee. Amounts so withheld shall be deposited, used, and invested as provided in section 8714 of this 5 USC 8714. title and shall be reported and accounted for together with amounts withheld under section 8714a(d) of this title. “(2) If an agency fails to withhold the proper cost of additional Waiver. 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 snail submit an amount equal to the uncollected amount to the Office for deposit to the Employees’ Life Insurance Fund. “(e) The cost of the additional optional insurance shall be determined from time to time by the Office on the basis of the employee’s age relative to such age groups as the Office establishes under section 5 USC 8714a. 8714a(e) of this title. “(f) The amount of additional optional life insurance in force on an employee at the date of his death shall be paid as provided in section 5 USC 8705. 8705 of this title.”.Pub. L. 98–353 § 206 · 98 Stat. 333
Amended · 5 U.S.C. § 8714b(c)(1)
Pub. L. 98–353, § 206, as amended generally by Pub. L. 99–336, § 7(1)
Inserted · 5 U.S.C. § 8714b(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, § 7(1), 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.”.Pub. L. 98–353 title II · 98 Stat. 333
Inserted · 5 U.S.C. § 8714b(c)(1)
Pub. L. 98–353 inserted “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 additional 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.”
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 98–353 inserted “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 additional 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.”Enacted provision · exact public law
TITLE II— JUDGESHIPS Sec. 201. (a) (1) Subject to the provisions of paragraph (2), the President shall appoint, by and with the advice and consent of the Senate, two additional circuit judges for the first circuit court of appeals, two additional circuit judges for the second circuit court of appeals, two additional circuit judges for the third circuit court of appeals, one additional circuit judge for the fourth circuit court of appeals, two additional circuit judges for the fifth circuit court of appeals, four additional circuit judges for the sixth circuit court of appeals, two additional circuit judges for the seventh circuit court of appeals, one additional circuit judge for the eighth circuit court of appeals, five additional circuit judges for the ninth circuit court of appeals, two additional circuit judges for the tenth circuit court of appeals, and one additional circuit judge for the District of Columbia circuit court of appeals. (2) The President shall appoint, by and with the advice and consent of the Senate, no more than 11 of such judges prior to January 21, 1985. (b) In order that the table contained in section 44(a) of title 28, United States Code, will, with respect to each judicial circuit, reflect the changes in the total number of permanent circuit judgeships authorized as a result of subsection (a) of this section, such table is amended to read as follows: “Circuits Number of Judges District of Columbia 12 First 6 Second 13 Third 12 Fourth 11 Fifth 16 Sixth 15 Seventh 11 Eighth 10 Ninth 28 Tenth 10 Eleventh 12 Federal 12.”. Sec. 202. (a) Subject to the provisions of subsection (c), the President President of U.S. 28 USC 133 note. shall appoint, by and with the advice and consent of the Senate, one additional district judge for the southern district of Alabama, one additional district judge for the district of Alaska, five additional district judges for the central district of California, one additional district judge for the district of Colorado, one additional district judge for the district of Connecticut, one additional district judge for the district of Delaware, three additional district judges for the southern district of Florida, one additional district judge for the middle district of Georgia, one additional district judge for the district of Hawaii, four additional district judges for the northern district of Illinois, one additional district judge for the southern district of Illinois, one additional district judge for the western district of Kentucky, one additional district judge for the western district of Louisiana, one additional district judge for the district of Maryland, one additional district judge for the district of Massachusetts, two additional district judges for the eastern district of Michigan, one additional district judge for the district of Minnesota, one additional district judge for the northern district of Mississippi, two additional district judges for the southern district of Mississippi, one additional district judge for the eastern district of Missouri, one additional district judge for the district of Montana, one additional district judge for the district of Nevada, three additional district judges for the district of New Jersey, one additional district judge for the northern district of New York, two additional district judges for the eastern district of New York, one additional district judge for the southern district of Ohio, one additional district judge for the western district of Oklahoma, one additional district judge for the district of Rhode Island, one additional district judge for the eastern district of Tennessee, one additional district judge for the western district of Tennessee, one additional district judge for the northern district of Texas, two additional district judges for the eastern district of Texas, one additional district judge for the western district of Texas, one additional district judge for the district of Utah, one additional district judge for the eastern district of Virginia, one additional district judge for the eastern district of Washington, one additional district judge for the western district of Washington, and one additional district judge for the district of Wyoming. (b) Subject to the provisions of subsection (c) the President shall President of U.S. 28 USC 133 note. appoint, by and with the advice and consent of the Senate, one additional district judge for the western district of Arkansas, one additional district judge for the northern district of Illinois, one additional district judge for the northern district of Indiana, one additional district judge for the district of Massachusetts, one additional district judge for the western district of New York, one additional district judge for the eastern district of North Carolina, one additional district judge for the northern district of Ohio, and one additional district judge for the western district of Washington. The first vacancy in each of the offices of district judge authorized by this subsection, occurring five years or more after the effective date of this Act, shall not be filled. (c) For the judgeships created in subsections (a) and (b), the President shall appoint, by and with the advice and consent of the Senate, no more than twenty-nine of such judges prior to January 21, 1985. (d) The existing district judgeship for the district of Minnesota and the existing district judgeship for the northern district of Ohio, heretofore authorized by section 2 of the Act of October 20, 1978 28 USC 133 note. (Public Law 95–486, 92 Stat. 1631), shall, as of the effective date of this Act, be authorized under section 133 of title 28, United States Code, and the incumbents of those offices shall henceforth hold their offices under section 133, as amended by this Act. (e) In order that the table contained in section 133 of title 28, United States Code, will, with respect to each judicial district, reflect the changes in the total number of permanent district judgeships authorized as a result of subsections (a) and (c) of this section, such table is amended to read as follows: “Districts Alabama: Judges Northern 7 Middle 3 Southern 3 Alaska 3 Arizona 8 Arkansas: Eastern 3 Western 1 Eastern and Western 2 California: Northern 12 Eastern 6 Central 22 Southern 7 Colorado 7 Connecticut 6 Delaware 4 District of Columbia 15 Florida: Northern 3 Middle 9 Southern 15 Georgia: Northern 11 Middle 3 Southern 3 Hawaii 3 Idaho 2 Illinois: Northern 20 Central 3 Southern 3 Indiana: Northern 4 Southern 5 Iowa: Northern 1 Southern 2 Northern and Southern 1 Kansas 5 Kentucky: Eastern 4 Western 4 Eastern and Western 1 Louisiana: Eastern 13 Middle 2 Western 6 Maine 2 Maryland 10 Massachusetts 11 Michigan: Eastern 15 Western 4 Minnesota 7 Mississippi: Northern 3 Southern 5 Missouri: Eastern 5 Western 5 Eastern and Western 2 Montana 3 Nebraska 3 Nevada 4 New Hampshire 2 New Jersey 14 New Mexico 4 New York: Northern 4 Southern 27 Eastern 12 Western 3 North Carolina: Eastern 3 Middle 3 Western 3 North Dakota 2 Ohio: Northern 10 Southern 7 Oklahoma: Northern 2 Eastern 1 Western 4 Northern, Eastern, and Western 2 Oregon 5 Pennsylvania: Eastern 19 Middle 5 Western 10 Puerto Rico 7 Rhode Island 3 South Carolina 8 South Dakota 3 Tennessee: Eastern 4 Middle 3 Western 4 Texas: Northern 10 Eastern 6 Southern 13 Western 7 Utah 4 Vermont 2 Virginia: Eastern 9 Western 4 Washington: Eastern 3 Western 6 West Virginia: Northern 2 Southern 4 Wisconsin: Eastern 4 Western 2 Wyoming 2.” Sec. 203. (a) Section 131 of title 28, United States Code, is amended in the second paragraph thereof by inserting “Jackson,” after “Lander,”. (b) Section 98(a) of title 28, United States Code, is amended by inserting “, and Houma” after “New Orleans”. Sec. 204. (a) Section 371 of title 28, United States Code, is amended to read as follows: “§ 371. Retirement on salary; retirement in senior status “(a) Any justice or judge of the United States appointed to hold office during good behavior may retire from the office after attaining the age and meeting the service requirements, whether continuous or otherwise, of subsection (c) and snail, during the remainder of his lifetime, receive an annuity equal to the salary he was receiving at the time he retired. “(b) Any justice or judge of the United States appointed to hold office during good behavior may retain the office but retire from regular active service after attaining the age and meeting the service requirements, whether continuous or otherwise, of subsection (c) of this section and shall, during the remainder of his lifetime, continue to receive the salary of the office. “(c) The age and service requirements for retirement under this section are as follows: “Attained age: Years of service: 65 15 66 14 67 13 68 12 69 11 70 10 “(d) The President shall appoint, by and with the advice and consent of the Senate, a successor to a justice or judge who retires under this section.”. (b) The item relating to section 371 in the table of sections of chapter 17 of title 28 is amended to read as follows: “371. Retirement on salary; retirement in senior status.”. (c) The amendments made by this section shall apply with respect to any justice or judge of the United States appointed to hold office during good behavior who retires on or after the date of enactment of this Act. Sec. 205. Section 8701(a) of title 5, United States Code, is amended by redesignating paragraphs (5) through (8) as paragraphs (6) through (9), respectively, and by adding a new paragraph (5) as follows: “(5) a justice or judge of the United States appointed to hold office during good behavior (i) who is in regular active judicial service, or (ii) who is retired from regular active service under Supra. section 371(b) or 372(a) of title 28, United States Code, or (iii) who has resigned the judicial office under section 371(a) of title 28 with the continued right during the remainder of his Ante, p. 350. lifetime to receive the salary of the office at the time of his resignation;”. 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.”. Sec. 207. Section 8714b(c) of title 5, United States Code, is Insurance. amended by adding to paragraph (1) at the end thereof the following: “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 Ante, p. 350. Ante, p. 350. requirements of section 371(a) of title 28, United States Code, for continuation of the judicial salary shall have the right to convert additional 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.”. Sec. 208. (a) Section 8706 of title 5, United States Code, is amended by adding at the end thereof the following new subsection: “(f) Under regulations prescribed by the Office, each policy purchase under this chapter shall provide that an insured Federal judge may make an irrevocable assignment of the judge’s incidents of ownership in the policy.”. (b) The heading for section 8706 of title 5, United States Code, and the item relating to section 8706 in the analysis for chapter 87 of such title are each amended by inserting “; assignment of ownership” after “insurance”. Sec. 209. (a) Except as provided in subsection (b), the amendments 5 USC 8706 note. made by this Act to section 8706 of title 5, United States Code, shall apply to policies purchased by judges after the date of enactment of this Act. (b) If a company which issued a policy which is in effect on the date of the enactment of this Act agrees, the amendments made by this Act shall apply to such policy. Sec. 210. Section 634(c) of title 28, United States Code, is amended by striking out “subsection III” and inserting in lieu thereof “subchapter III”. Sec. 211. It is the sense of the Congress that the President, in Discrimination, prohibition. 28 USC 44 note. selecting individuals for nomination to the Federal judgeships created by this Act, shall give due consideration to qualified individuals without regard to race, color, sex, religion, or national origin.Pub. L. 99–335 title II § 207(k)(4) · 100 Stat. 514
Substituted · 5 U.S.C. § 8714b(c)(1)
Pub. L. 99–335 substituted “Except as otherwise provided in this subsection, the additional optional insurance elected by an employee pursuant to this section shall stop on 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” for “The additional optional insurance elected by an employee pursuant to this section shall stop on separation from service, 12 months after discontinuance of pay, or on entry on active military duty or active duty for training, subject to provision for a 31-day temporary extension of insurance coverage and for conversion to an individual policy, as provided in sections 8706(a) and 8706(c) of this title”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 99–335 substituted “Except as otherwise provided in this subsection, the additional optional insurance elected by an employee pursuant to this section shall stop on 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” for “The additional optional insurance elected by an employee pursuant to this section shall stop on separation from service, 12 months after discontinuance of pay, or on entry on active military duty or active duty for training, subject to provision for a 31-day temporary extension of insurance coverage and for conversion to an individual policy, as provided in sections 8706(a) and 8706(c) of this title”.Enacted provision · exact public law section
(4) by striking out the first sentence of section 8714b(c)(1) and inserting in lieu thereof the following: “Except as otherwise provided in this subsection, the additional optional insurance elected by an employee pursuant to this section shall stop on 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.”; andFederal Employees Life Insurance Improvement Act
Pub. L. 105–311 § 3(2) · 112 Stat. 2950
Struck · 5 U.S.C. § 8714b(b)
Pub. L. 105–311, § 3(2), in first sentence, struck out “except that coverage may not exceed an amount equal to 5 times the annual rate of basic pay payable for positions at level II of the Executive Schedule under section 5313 of this title (rounded to the next higher multiple of $1,000)” after “$1,000)”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 105–311, § 3(2), in first sentence, struck out “except that coverage may not exceed an amount equal to 5 times the annual rate of basic pay payable for positions at level II of the Executive Schedule under section 5313 of this title (rounded to the next higher multiple of $1,000)” after “$1,000)”.Enacted provision · exact public law section
(2) in section 8714b(b), in the first sentence, by striking “except” and all that follows and inserting a period.Effective date note
Amendment by sections 3(2) and 6(3) of Pub. L. 105–311 effective on the first day of the first applicable pay period beginning on or after Oct. 30, 1998, and amendment by section 7(a), (c) of Pub. L. 105–311 effective on the first day of the first pay period that begins on or after the 180th day following Oct. 30, 1998, or on any earlier date that the Office of Personnel Management may prescribe that is at least 60 days after Oct. 30, 1998, see section 11(b), (d), (e)(1) 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 § 7(a)(1)(A) · 112 Stat. 2950
Struck · 5 U.S.C. § 8714b(c)(2)
Pub. L. 105–311, § 7(a)(1)(A), struck out at end “The amount of insurance continued under this paragraph shall be reduced each month by 2 percent effective at the beginning of the second calendar month after the date the employee becomes 65 years of age and is retired or is in receipt of compensation. The reduction shall continue for 50 months at which time the insurance stops.”
Source evidence
Code amendment note
Subsec. (c)(2). Pub. L. 105–311, § 7(a)(1)(A), struck out at end “The amount of insurance continued under this paragraph shall be reduced each month by 2 percent effective at the beginning of the second calendar month after the date the employee becomes 65 years of age and is retired or is in receipt of compensation. The reduction shall continue for 50 months at which time the insurance stops.”Enacted provision · exact public law section
(A) by striking the last 2 sentences of paragraph (2); andEffective date note
Amendment by sections 3(2) and 6(3) of Pub. L. 105–311 effective on the first day of the first applicable pay period beginning on or after Oct. 30, 1998, and amendment by section 7(a), (c) of Pub. L. 105–311 effective on the first day of the first pay period that begins on or after the 180th day following Oct. 30, 1998, or on any earlier date that the Office of Personnel Management may prescribe that is at least 60 days after Oct. 30, 1998, see section 11(b), (d), (e)(1) 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 § 7(a)(1)(B) · 112 Stat. 2950
Added · 5 U.S.C. § 8714b(c)(3)(5)
Pub. L. 105–311, § 7(a)(1)(B), added pars. (3) to (5)
Source evidence
Code amendment note
Subsec. (c)(3) to (5). Pub. L. 105–311, § 7(a)(1)(B), added pars. (3) to (5).Enacted provision · exact public law section
(B) by adding at the end the following: “(3) The amount of additional optional insurance continued under paragraph (2) shall be continued, with or without reduction, in accordance with the employee’s written election at the time eligibility to continue insurance during retirement or receipt of compensation arises, as follows: “(A) The employee may elect to have withholdings cease in accordance with subsection (d), in which case— “(i) the amount of additional optional insurance continued under paragraph (2) shall be reduced each month by 2 percent effective at the beginning of the second calendar month after the date the employee becomes 65 years of age and is retired or is in receipt of compensation; and “(ii) the reduction under clause (i) shall continue for50 months at which time the insurance shall stop. “(B) The employee may, instead of the option under subparagraph (A), elect to have the full cost of additional optional insurance continue to be withheld from such employee’s annuity or compensation on and after the date such withholdings would otherwise cease pursuant to an election under subparagraph (A), in which case the amount of additional optional insurance continued under paragraph (2) shall not be reduced, subject to paragraph (4). “(C) An employee who does not make any election under the preceding provisions of this paragraph shall be treated as if such employee had made an election under subparagraph (A). “(4) If an employee makes an election under paragraph (3)(B), that individual may subsequently cancel such election, in which case additional optional insurance shall be determined as if the individual had originally made an election under paragraph (3)(A). “(5) (A) An employee whose additional optional insurance under this section would otherwise stop in accordance with paragraph (1) and who is not eligible to continue insurance under paragraph (2) may elect, under conditions prescribed by the Office of Personnel Management, to continue all or a portion of so much of the additional optional insurance as has been in force for not less than— “(i) the 5 years of service immediately preceding the date of the event which would cause insurance to stop under paragraph (1); or “(ii) the full period or periods of service during which the insurance was available to the employee, if fewer than5 years, at group rates established for purposes of this section, in lieu of conversion to an individual policy. The amount of insurance continued under this paragraph shall be reduced by 50 percent effective at the beginning of the second calendar month after the date the employee or former employee attains age 70 and shall stop at the beginning of the second calendar month after attainment of age 80, subject to a provision for temporal extension of life insurance coverage and for conversion to an individual policy of life insurance under conditions approved by the Office. Alternatively, insurance continued under this paragraph may be reduced or stopped at any time the employee or former employee elects. “(B) When an employee or former employee elects to continue additional optional insurance under this paragraph following separation from service or 12 months without pay, the insured individual shall submit timely payment of the full cost thereof, plus any amount the Office determines necessary to cover associated administrative expenses, in such manner as the Office shall prescribe by regulation. Amounts required under this subparagraph shall be deposited, used, and invested as provided under section 8714 and shall be reported and accounted for together with amounts withheld under section 8714a(d). “(c) (i) Subject to clause (ii), no election to continue additional optional insurance may be made under this paragraph 3 years after the effective date of this paragraph. “(ii) On and after the date on which an election may not be made under clause (i), all additional optional insurance under this paragraph for former employees shall terminate, 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”; andEffective date note
Amendment by sections 3(2) and 6(3) of Pub. L. 105–311 effective on the first day of the first applicable pay period beginning on or after Oct. 30, 1998, and amendment by section 7(a), (c) of Pub. L. 105–311 effective on the first day of the first pay period that begins on or after the 180th day following Oct. 30, 1998, or on any earlier date that the Office of Personnel Management may prescribe that is at least 60 days after Oct. 30, 1998, see section 11(b), (d), (e)(1) 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 § 7(a)(2) · 112 Stat. 2950
Inserted · 5 U.S.C. § 8714b(d)(1)
Pub. L. 105–311, § 7(a)(2), (c), inserted “if insurance is continued as provided under subsection (c)(3)(A),” after “except that,” and “(and any amounts withheld as provided in subsection (c)(3)(B))” after “Amounts so withheld”
Source evidence
Code amendment note
Subsec. (d)(1). Pub. L. 105–311, § 7(a)(2), (c), inserted “if insurance is continued as provided under subsection (c)(3)(A),” after “except that,” and “(and any amounts withheld as provided in subsection (c)(3)(B))” after “Amounts so withheld”.Enacted provision · exact public law section
(2) in the second sentence of subsection (d)(1) by inserting “if insurance is continued as provided under subsection (c)(3)(A),” after “except that”.Effective date note
Amendment by sections 3(2) and 6(3) of Pub. L. 105–311 effective on the first day of the first applicable pay period beginning on or after Oct. 30, 1998, and amendment by section 7(a), (c) of Pub. L. 105–311 effective on the first day of the first pay period that begins on or after the 180th day following Oct. 30, 1998, or on any earlier date that the Office of Personnel Management may prescribe that is at least 60 days after Oct. 30, 1998, see section 11(b), (d), (e)(1) 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(3) · 112 Stat. 2950
Added · 5 U.S.C. § 8714b(d)(3)
Pub. L. 105–311, § 6(3), added par. (3)
Source evidence
Code amendment note
Subsec. (d)(3). Pub. L. 105–311, § 6(3), added par. (3).Enacted provision · exact public law section
(3) in section 8714c(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 additional 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.”; andEffective date note
Amendment by sections 3(2) and 6(3) of Pub. L. 105–311 effective on the first day of the first applicable pay period beginning on or after Oct. 30, 1998, and amendment by section 7(a), (c) of Pub. L. 105–311 effective on the first day of the first pay period that begins on or after the 180th day following Oct. 30, 1998, or on any earlier date that the Office of Personnel Management may prescribe that is at least 60 days after Oct. 30, 1998, see section 11(b), (d), (e)(1) of Pub. L. 105–311, set out as a note under section 8701 of this title.Duncan Hunter National Defense Authorization Act for Fiscal Year 2009
Pub. L. 110–417 · 122 Stat. 4356
Amended · 5 U.S.C. § 8714b(b)
Pub. L. 110–417 designated existing provisions as par. (2)
Added · 5 U.S.C. § 8714b(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).Pub. L. 111–350 § 5(a)(13) · 124 Stat. 3677
Substituted · 5 U.S.C. § 8714b(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
(13) In section 8714b(a), strike “section 5” and substitute “section 6101(b) to (d)”.
10 of 13 references resolved to an enrolled provision · 3 partial
Editorial Notes
Amendments1984–2011 · 5 rounds
2011
Subsec. (a). Pub. L. 111–350 substituted “section 6101(b) to (d) of title 41” for “section 5 of title 41”.
2008
Subsec. (b). Pub. L. 110–417 designated existing provisions as par. (2) and added par. (1).
1998
Subsec. (b). Pub. L. 105–311, § 3(2), in first sentence, struck out “except that coverage may not exceed an amount equal to 5 times the annual rate of basic pay payable for positions at level II of the Executive Schedule under section 5313 of this title (rounded to the next higher multiple of $1,000)” after “$1,000)”.
Subsec. (c)(2). Pub. L. 105–311, § 7(a)(1)(A), struck out at end “The amount of insurance continued under this paragraph shall be reduced each month by 2 percent effective at the beginning of the second calendar month after the date the employee becomes 65 years of age and is retired or is in receipt of compensation. The reduction shall continue for 50 months at which time the insurance stops.”
Subsec. (c)(3) to (5). Pub. L. 105–311, § 7(a)(1)(B), added pars. (3) to (5).
Subsec. (d)(1). Pub. L. 105–311, § 7(a)(2), (c), inserted “if insurance is continued as provided under subsection (c)(3)(A),” after “except that,” and “(and any amounts withheld as provided in subsection (c)(3)(B))” after “Amounts so withheld”.
Subsec. (d)(3). Pub. L. 105–311, § 6(3), added par. (3).
1986
Subsec. (c)(1). Pub. L. 98–353, § 206, as amended generally by Pub. L. 99–336, § 7(1), 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.
Pub. L. 99–335 substituted “Except as otherwise provided in this subsection, the additional optional insurance elected by an employee pursuant to this section shall stop on 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” for “The additional optional insurance elected by an employee pursuant to this section shall stop on separation from service, 12 months after discontinuance of pay, or on entry on active military duty or active duty for training, subject to provision for a 31-day temporary extension of insurance coverage and for conversion to an individual policy, as provided in sections 8706(a) and 8706(c) of this title”.
1984
Subsec. (c)(1). Pub. L. 98–353 inserted “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 additional 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.”
Statutory Notes and Related Subsidiaries
Effective Date of 1998 Amendment
Amendment by sections 3(2) and 6(3) of Pub. L. 105–311 effective on the first day of the first applicable pay period beginning on or after , and amendment by section 7(a), (c) of Pub. L. 105–311 effective on the first day of the first pay period that begins on or after the 180th day following , or on any earlier date that the Office of Personnel Management may prescribe that is at least 60 days after , see section 11(b), (d), (e)(1) of Pub. L. 105–311, set out as a note under section 8701 of this title.
Effective Date of 1986 Amendments
Amendment by Pub. L. 98–353, § 206, as amended generally by Pub. L. 99–336, § 7(1), applicable to any justice or judge who retires under 28 U.S.C. 371(a) or (b) or 372(a) on or after , see section 207 of Pub. L. 98–353, as amended generally by Pub. L. 99–336, § 7(2), set out as a note under section 8706 of this title.
Amendment by Pub. L. 99–335 effective , see section 702(a) of Pub. L. 99–335, set out as an Effective Date note under section 8401 of this title.
Effective Date
Section effective on first day of first pay period which begins on or after 180th day following , or on any earlier date that Office may prescribe which is at least 60 days after , and shall have no effect in case of an employee who died, was finally separated, or retired before effective date, see section 10(d) of Pub. L. 96–427 set out as an Effective Date of 1980 Amendment note under section 8701 of this title.
Report to Congress
Pub. L. 105–311, § 7(b), , 112 Stat. 2953, required the Office of Personnel Management to submit, not later than 3 years after , a report to Congress on additional optional insurance provided under subsec. (c)(5) of this section.
Credits
1980–2011 · 7 acts
- 1980Added Pub. L. 96–427, § 7(a), , 94 Stat. 1834
- 1984amended Pub. L. 98–353, title II, §§ 206, 207, , 98 Stat. 351, as amended by Pub. L. 99–336, § 7(1), , 100 Stat. 639
- 1986Pub. L. 99–335, title II, § 207(k)(4), , 100 Stat. 597
- 1986Pub. L. 99–336, § 7(1), , 100 Stat. 639
- 1998Pub. L. 105–311, §§ 3(2), 6(3), 7(a), (c), , 112 Stat. 2950–2953
- 2008Pub. L. 110–417, [div. A], title XI, § 1103(c), , 122 Stat. 4617
- 2011Pub. L. 111–350, § 5(a)(13), , 124 Stat. 3841.
Show as published
(Added Pub. L. 96–427, § 7(a), , 94 Stat. 1834; amended Pub. L. 98–353, title II, §§ 206, 207, , 98 Stat. 351, as amended by Pub. L. 99–336, § 7(1), , 100 Stat. 639; Pub. L. 99–335, title II, § 207(k)(4), , 100 Stat. 597; Pub. L. 99–336, § 7(1), , 100 Stat. 639; Pub. L. 105–311, §§ 3(2), 6(3), 7(a), (c), , 112 Stat. 2950–2953; Pub. L. 110–417, [div. A], title XI, § 1103(c), , 122 Stat. 4617; Pub. L. 111–350, § 5(a)(13), , 124 Stat. 3841.)