§ 8714c. Optional life insurance on family members

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. 1980

   Federal Employees’ Group Life Insurance Act of 1980

   Pub. L. 96–427 § 8(a) · 94 Stat. 1831

   Enacted · 5 U.S.C. § 8714c

   Added Pub. L. 96–427, § 8(a), Oct. 10, 1980, 94 Stat. 1836

   Source evidence

   Code source credit
   Added Pub. L. 96–427, § 8(a), Oct. 10, 1980, 94 Stat. 1836

   Enacted provision · exact public law section
   (a) Chapter 87 of title 5, United States Code, is further amended by inserting after section 8714b (as added by section 7 of this Act) the following new section: “§ 8714c. Optional life insurance on family members “(a) Under the conditions, directives, and terms specified in 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 optional life insurance (without accidental death and dismemberment insurance) on the employee’s family members. “(b) The optional life insurance on family members provided under this section shall be made available to each eligible employee who elects coverage under this section, under conditions the Office shall prescribe, in the amount of $5,000 for a spouse and $2,500 for each 5 USC 8701. child described in section 8701(d). The employee may stop coverage elected under this section at any time. “(c) (1) Optional life insurance on family members shall stop at the earlier of the employee’s death, the employee’s separation from the service, 12 months after discontinuance of pay, or the employee’s entry on active duty or active duty for training, as provided in 5 USC 8706. sections 8706(a) and 8706(c) of this title, subject to provision for a 31-day temporary extension of insurance coverage and for conversion to individual policies under conditions approved by the Office. “(2) In the case of any employee who retires on an immediate annuity or who becomes entitled to receive compensation under 5 USC 8101. subchapter I of chapter 81 of this title because of disease or injury to the employee and who has had in force insurance under this section for no 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, optional life insurance on family members may be continued under Ante, p. 1834. the same conditions as provided in section 8714b(c)(2) of this title. “(d) (1) During each period in which the optional life insurance on family members is in force the full cost thereof shall be withheld from the employee’s pay. During each period in which an employee continues optional life insurance on family members 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 shall be withheld from the annuity or compensation, except that, beginning at the end of the calendar month in which the former employee becomes 65 years of age, the optional life insurance on family members shall be 5 USC 8714. without cost to the employee. Amounts so withheld 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. 5 USC 8714a. Waiver. “(2) If an agency fails to withhold the proper cost of optional life insurance on family members 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. “(e) The cost of the optional life insurance on family members 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. “(f) The amount of optional life insurance which is in force under this section on a family member of an employee or former employee on the date of the death of the family member shall be paid, on the establishment of a valid claim by the employee, to such employee or, in the event of the death of the employee before payment can be made, to the person or persons entitled to the group life insurance in force on the employee under section 8705 of this title.”. 5 USC 8705. Ante, p. 1831.

2. 1986

   Pub. L. 99–335 title II § 207(k)(5) · 100 Stat. 514

   Amended · 5 U.S.C. § 8714c(c)(1)

   Pub. L. 99–335 amended par. (1) generally, effective Jan. 1, 1977. Prior to such effective date, par. (1) read as follows: “Optional life insurance on family members shall stop at the earlier of the employee’s death, the employee’s separation from the service, 12 months after discontinuance of pay, or the employee’s entry on active duty or active duty for training, as provided in sections 8706(a) and 8706(c) of this title, subject to provision for a 31-day temporary extension of insurance coverage and for conversion to individual policies 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.”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 99–335 amended par. (1) generally, effective Jan. 1, 1977. Prior to such effective date, par. (1) read as follows: “Optional life insurance on family members shall stop at the earlier of the employee’s death, the employee’s separation from the service, 12 months after discontinuance of pay, or the employee’s entry on active duty or active duty for training, as provided in sections 8706(a) and 8706(c) of this title, subject to provision for a 31-day temporary extension of insurance coverage and for conversion to individual policies 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.”

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

3. 1986

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

   Amended · 5 U.S.C. § 8714c(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:

4. 1984

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

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

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

   2. Inserted · 5 U.S.C. § 8714c(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.”.

5. 1998

   Federal Employees Life Insurance Improvement Act

   Pub. L. 105–311 § 8(a) · 112 Stat. 2950

   Amended · 5 U.S.C. § 8714c(b)

   Pub. L. 105–311, § 8(a), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “The optional life insurance on family members provided under this section shall be made available to each eligible employee who elects coverage under this section, under conditions the Office shall prescribe, in the amount of $5,000 for a spouse and $2,500 for each child described in section 8701(d). The employee may stop coverage elected under this section at any time.”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 105–311, § 8(a), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “The optional life insurance on family members provided under this section shall be made available to each eligible employee who elects coverage under this section, under conditions the Office shall prescribe, in the amount of $5,000 for a spouse and $2,500 for each child described in section 8701(d). The employee may stop coverage elected under this section at any time.”

   Enacted provision · exact public law section
   (a) In General.— Section 8714c(b) of title 5, United States Code, is amended to read as follows: “(b) (1) The optional life insurance on family members 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— “(A) $5,000 for a spouse; and “(B) $2,500 for each child described under section 8701(d). “(2) An employee may reduce or stop coverage elected pursuant to this section at any time.”.

   Effective date note
   Amendment by section 6(4) 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 8 of Pub. L. 105–311 effective on the first day of the first pay period which begins on or after the 180th day following Oct. 30, 1998, or on any earlier date that the Office of Personnel Management may prescribe, see section 11(d), (f) of Pub. L. 105–311, set out as a note under section 8701 of this title.

6. 1998

   Federal Employees Life Insurance Improvement Act

   Pub. L. 105–311 § 8(b)(1) · 112 Stat. 2950

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

   Pub. L. 105–311, § 8(b)(1), substituted “section 8714b(c)(2) through (4)” for “section 8714b(c)(2) of this title”

   Source evidence

   Code amendment note
   Subsec. (c)(2). Pub. L. 105–311, § 8(b)(1), substituted “section 8714b(c)(2) through (4)” for “section 8714b(c)(2) of this title”.

   Enacted provision · exact public law section
   (1) in subsection (c)(2), by striking “section 8714b(c)(2) of this title” and inserting “section 8714b(c) (2) through (4)”; and

   Effective date note
   Amendment by section 6(4) 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 8 of Pub. L. 105–311 effective on the first day of the first pay period which begins on or after the 180th day following Oct. 30, 1998, or on any earlier date that the Office of Personnel Management may prescribe, see section 11(d), (f) of Pub. L. 105–311, set out as a note under section 8701 of this title.

7. 1998

   Federal Employees Life Insurance Improvement Act

   Pub. L. 105–311 § 8(b)(2) · 112 Stat. 2950

   Inserted · 5 U.S.C. § 8714c(d)(1)

   Pub. L. 105–311, § 8(b)(2), inserted before last sentence “Notwithstanding the preceding sentence, the full cost shall be continued after the calendar month in which the former employee becomes 65 years of age if, and for so long as, an election under this section corresponding to that described in section 8714b(c)(3)(B) remains in effect with respect to such former employee.”

   Source evidence

   Code amendment note
   Subsec. (d)(1). Pub. L. 105–311, § 8(b)(2), inserted before last sentence “Notwithstanding the preceding sentence, the full cost shall be continued after the calendar month in which the former employee becomes 65 years of age if, and for so long as, an election under this section corresponding to that described in section 8714b(c)(3)(B) remains in effect with respect to such former employee.”

   Enacted provision · exact public law section
   (2) in subsection (d)(1), by inserting before the last sentence the following: “Notwithstanding the preceding sentence, the full cost shall be continued after the calendar month in which the former employee becomes 65 years of age if, and for so long as, an election under this section corresponding to that described in section 8714b(c)(3)(B) remains in effect with respect to such former employee.”.

   Effective date note
   Amendment by section 6(4) 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 8 of Pub. L. 105–311 effective on the first day of the first pay period which begins on or after the 180th day following Oct. 30, 1998, or on any earlier date that the Office of Personnel Management may prescribe, see section 11(d), (f) of Pub. L. 105–311, set out as a note under section 8701 of this title.

8. 1998

   Federal Employees Life Insurance Improvement Act

   Pub. L. 105–311 § 6(4) · 112 Stat. 2950

   Added · 5 U.S.C. § 8714c(d)(3)

   Pub. L. 105–311, § 6(4), added par. (3)

   Source evidence

   Code amendment note
   Subsec. (d)(3). Pub. L. 105–311, § 6(4), added par. (3).

   Enacted provision · exact public law section
   (4) 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 optional life insurance on family members 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 subsection.”.

   Effective date note
   Amendment by section 6(4) 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 8 of Pub. L. 105–311 effective on the first day of the first pay period which begins on or after the 180th day following Oct. 30, 1998, or on any earlier date that the Office of Personnel Management may prescribe, see section 11(d), (f) of Pub. L. 105–311, set out as a note under section 8701 of this title.

9. 2011

   Pub. L. 111–350 § 5(a)(14) · 124 Stat. 3677

   Substituted · 5 U.S.C. § 8714c(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
   (14) In section 8714c(a), strike “section 5” and substitute “section 6101(b) to (d)”.

10 of 10 references resolved to an enrolled provision