Title 5 — Government Organization and Employees

Part III · Chapter 89 — Health Insurance

§ 8901. Definitions

Statutory text

For the purpose of this chapter—

“employee” means—

an employee as defined by section 2105 of this title;

a Member of Congress as defined by section 2106 of this title;

a Congressional employee as defined by section 2107 of this title;

the President;

an individual first employed by the government of the District of Columbia before October 1, 1987;

an individual employed by Gallaudet College; 1

an individual employed by a county committee established under section 590h(b) of title 16;

an individual appointed to a position on the office staff of a former President under section 1(b) of the Act of August 25, 1958 (72 Stat. 838);

an individual appointed to a position on the office staff of a former President, or a former Vice President under section 5 of the Presidential Transition Act of 1963, as amended (78 Stat. 153), who immediately before the date of such appointment was an employee as defined under any other subparagraph of this paragraph; and

an individual who is employed by the Roosevelt Campobello International Park Commission and is a citizen of the United States,

but does not include—

an employee of a corporation supervised by the Farm Credit Administration if private interests elect or appoint a member of the board of directors;

an individual who is not a citizen or national of the United States and whose permanent duty station is outside the United States, unless the individual was an employee for the purpose of this chapter on September 30, 1979, by reason of service in an Executive agency, the United States Postal Service, or the Smithsonian Institution in the area which was then known as the Canal Zone;

an employee of the Tennessee Valley Authority; or

an employee excluded by regulation of the Office of Personnel Management under section 8913(b) of this title;

“Government” means the Government of the United States and the government of the District of Columbia;

“annuitant” means—

an employee who retires—

on an immediate annuity under subchapter III of chapter 83 of this title, or another retirement system for employees of the Government, after 5 or more years of service;

under section 8412 or 8414 of this title;

for disability under subchapter III of chapter 83 of this title, chapter 84 of this title, or another retirement system for employees of the Government; or

on an immediate annuity under a retirement system established for employees described in section 2105(c), in the case of an individual who elected under section 8347(q)(2) or 8461(n)(2) to remain subject to such a system;

a member of a family who receives an immediate annuity as the survivor of an employee (including a family member entitled to an amount under section 8442(b)(1)(A), whether or not such family member is entitled to an annuity under section 8442(b)(1)(B)) or of a retired employee described by subparagraph (A) of this paragraph;

an employee who receives monthly compensation under subchapter I of chapter 81 of this title and who is determined by the Secretary of Labor to be unable to return to duty; and

a member of a family who receives monthly compensation under subchapter I of chapter 81 of this title as the surviving beneficiary of—

an employee who dies as a result of injury or illness compensable under that subchapter; or

a former employee who is separated after having completed 5 or more years of service and who dies while receiving monthly compensation under that subchapter and who has been held by the Secretary to have been unable to return to duty;

“service”, as used by paragraph (3) of this section, means service which is creditable under subchapter III of chapter 83 or chapter 84 of this title;

“member of family” means the spouse of an employee or annuitant and an unmarried dependent child under 22 years of age, including—

an adopted child or recognized natural child; and

a stepchild or foster child but only if the child lives with the employee or annuitant in a regular parent-child relationship;

or such an unmarried dependent child regardless of age who is incapable of self-support because of mental or physical disability which existed before age 22;

“health benefits plan” means a group insurance policy or contract, medical or hospital service agreement, membership or subscription contract, or similar group arrangement provided by a carrier for the purpose of providing, paying for, or reimbursing expenses for health services;

“carrier” means a voluntary association, corporation, partnership, or other nongovernmental organization which is lawfully engaged in providing, paying for, or reimbursing the cost of, health services under group insurance policies or contracts, medical or hospital service agreements, membership or subscription contracts, or similar group arrangements, in consideration of premiums or other periodic charges payable to the carrier, including a health benefits plan duly sponsored or underwritten by an employee organization and an association of organizations or other entities described in this paragraph sponsoring a health benefits plan;

“employee organization” means—

an association or other organization of employees which is national in scope, or in which membership is open to all employees of a Government agency who are eligible to enroll in a health benefits plan under this chapter and which, after December 31, 1978, and before January 1, 1980, applied to the Office for approval of a plan provided under section 8903(3) of this title; and

an association or other organization which is national in scope, in which membership is open only to employees, annuitants, or former spouses, or any combination thereof, and which, during the 90-day period beginning on the date of enactment of section 8903a of this title, applied to the Office for approval of a plan provided under such section;

“dependent”, in the case of any child, means that the employee or annuitant involved is either living with or contributing to the support of such child, as determined in accordance with such regulations as the Office shall prescribe;

“former spouse” means a former spouse of an employee, former employee, or annuitant—

who has not remarried before age 55 after the marriage to the employee, former employee, or annuitant was dissolved,

who was enrolled in an approved health benefits plan under this chapter as a family member at any time during the 18-month period before the date of the dissolution of the marriage to the employee, former employee, or annuitant, and

who is receiving any portion of an annuity under section 8345(j) or 8467 of this title or a survivor annuity under section 8341(h) or 8445 of this title (or benefits similar to either of the aforementioned annuity benefits under a retirement system for Government employees other than the Civil Service Retirement System or the Federal Employees’ Retirement System),

as to whom a court order or decree referred to in section 8341(h), 8345(j), 8445, or 8467 of this title (or similar provision of law under any such retirement system other than the Civil Service Retirement System or the Federal Employees’ Retirement System) has been issued, or for whom an election has been made under section 8339(j)(3) or 8417(b) of this title (or similar provision of law), or

who is otherwise entitled to an annuity or any portion of an annuity as a former spouse under a retirement system for Government employees,

except that such term shall not include any such unremarried former spouse of a former employee whose marriage was dissolved after the former employee’s separation from the service (other than by retirement); and

“qualified clinical social worker” means an individual—

who is licensed or certified as a clinical social worker by the State in which such individual practices; or

who, if such State does not provide for the licensing or certification of clinical social workers—

is certified by a national professional organization offering certification of clinical social workers; or

meets equivalent requirements (as prescribed by the Office).

Footnotes

1 See Change of Name note below.

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.

1966
Pub. L. 89–554 · 80 Stat. 378
Enacted · 5 U.S.C. § 8901
Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 600
Source evidence
Code source credit
Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 600
1970
Pub. L. 91–418 § 3(b) · 84 Stat. 869
Changed · 5 U.S.C. § 8901(1)(ii)
Pub. L. 91–418, § 3(b), excluded from definition of “employee” a noncitizen employee whose permanent duty station is outside Panama Canal Zone
Source evidence
Code amendment note
Par. (1)(ii). Pub. L. 91–418, § 3(b), excluded from definition of “employee” a noncitizen employee whose permanent duty station is outside Panama Canal Zone.
Enacted provision · exact public law section
(b) Section 8901(1) (ii) of title 5, United States Code, is amended by inserting “and the Panama Canal Zone” immediately before the semicolon at the end thereof.
1970
Pub. L. 91–418 § 2(a) · 84 Stat. 869
Changed · 5 U.S.C. § 8901(3)(B)
Pub. L. 91–418, § 2(a), redefined “annuitant” to be a member of a family who receives an immediate annuity as the survivor of an employee rather than as the survivor of an employee who dies after completing 5 or more years of service
Source evidence
Code amendment note
Par. (3)(B). Pub. L. 91–418, § 2(a), redefined “annuitant” to be a member of a family who receives an immediate annuity as the survivor of an employee rather than as the survivor of an employee who dies after completing 5 or more years of service.
Enacted provision · exact public law section
(a) Section 8901(3) (B) of title 5, United States Code, is 80 Stat. 600. amended to read as follows: “(B) a member of a family who receives an immediate annuity as the survivor of an employee or of a retired employee described by subparagraph (A) of this paragraph;”.
1970
Pub. L. 91–418 § 2(b) · 84 Stat. 869
Changed · 5 U.S.C. § 8901(3)(D)(i)
Pub. L. 91–418, § 2(b), redefined “annuitant” to be a member of a family who receives monthly compensation as the surviving beneficiary of an employee who dies as a result of a compensable injury or illness rather than as the survivor of an employee who, having completed 5 or more years of service, so dies
Source evidence
Code amendment note
Par. (3)(D)(i). Pub. L. 91–418, § 2(b), redefined “annuitant” to be a member of a family who receives monthly compensation as the surviving beneficiary of an employee who dies as a result of a compensable injury or illness rather than as the survivor of an employee who, having completed 5 or more years of service, so dies.
Enacted provision · exact public law section
(b) Section 8901(3) (D) (i) of title 5, United States Code, is amended by striking out “, having completed 5 or more years of service,”.
1973
Pub. L. 93–160 § 1(b) · 87 Stat. 635
Changed · 5 U.S.C. § 8901(1)(ii)
Pub. L. 93–160 excluded from definition of “employee” persons who are not nationals of United States and whose permanent duty station is outside United States and Panama Canal Zone
Source evidence
Code amendment note
Par. (1)(ii). Pub. L. 93–160 excluded from definition of “employee” persons who are not nationals of United States and whose permanent duty station is outside United States and Panama Canal Zone.
1978
Pub. L. 95–368 § 2 · 92 Stat. 606
Substituted · 5 U.S.C. § 8901(8)
Pub. L. 95–368 substituted “after December 31, 1978, and before January 1, 1980” for “before January 1, 1964”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 95–368 substituted “after December 31, 1978, and before January 1, 1980” for “before January 1, 1964”.
Enacted provision · exact public law section
Sec. 2. Section 8901(8) of title 5, United States Code, is amended by striking out “before January 1, 1964” and inserting in lieu thereof “after December 31, 1978, and before January 1, 1980”.
1978
Pub. L. 95–454 title IX § 906(a)(2) · 92 Stat. 1111
Substituted · 5 U.S.C. § 8901(1)(iv)
Pub. L. 95–454 substituted “Office of Personnel Management” for “Civil Service Commission”
Source evidence
Code amendment note
Par. (1)(iv). Pub. L. 95–454 substituted “Office of Personnel Management” for “Civil Service 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”;
1978
Pub. L. 95–454 title IX § 906(a)(2) · 92 Stat. 1111
Substituted · 5 U.S.C. § 8901(8)
Pub. L. 95–454 substituted “Office” for “Commission”
Source evidence
Code amendment note
Par. (8). 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”;
1978
Pub. L. 95–583 § 2 · 92 Stat. 2481
Changed · 5 U.S.C. § 8901(3)(A)
Pub. L. 95–583 reduced period of service to 5 from 12 years
Source evidence
Code amendment note
Par. (3)(A). Pub. L. 95–583 reduced period of service to 5 from 12 years.
Enacted provision · exact public law section
Sec. 2. Section 8901(3)(A) of title 5, United States Code, is amended by striking out “12” and inserting in lieu thereof “5”.
1979
Pub. L. 96–54 § 2(a)(52) · 93 Stat. 381
1. Struck · 5 U.S.C. § 8901(1)
  Pub. L. 96–54 struck out cl. (G) which related to coverage of a United States Commissioner as an “employee”
2. Redesignated · 5 U.S.C. § 8901(1)
  Pub. L. 96–54 redesignated cl. (H) as (G)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 96–54 struck out cl. (G) which related to coverage of a United States Commissioner as an “employee”, and redesignated cl. (H) as (G).
Enacted provision · exact public law section
(52) Section 8901(1) is amended by striking out clauses (F) through (H) and inserting in lieu thereof the following: “(F) an individual employed by Gallaudet College; and “(G) an individual employed by a county committee established under section 590h(b)of title 16;”.
1979
Panama Canal Act of 1979
Pub. L. 96–70 title I § 1209(c) · 93 Stat. 452
Substituted · 5 U.S.C. § 8901(1)
Pub. L. 96–70 in cl. (ii) substituted provisions relating to an individual who was an employee for the purpose of this chapter on Sept. 30, 1979, by reason of service in an Executive agency, United States Postal Service, or Smithsonian Institution in area which was then known as Canal Zone for provisions relating to Panama Canal Zone
Source evidence
Code amendment note
Par. (1). Pub. L. 96–70 in cl. (ii) substituted provisions relating to an individual who was an employee for the purpose of this chapter on Sept. 30, 1979, by reason of service in an Executive agency, United States Postal Service, or Smithsonian Institution in area which was then known as Canal Zone for provisions relating to Panama Canal Zone.
Enacted provision · exact public law section
(c) Clause (ii) of section 8901(1) of title 5, United States Code, Employee. defining the term employee for purposes of health insurance, is amended to read as follows: “(ii) an individual who is not a citizen or national of the United States and whose permanent duty station is outside the United States, unless the individual was an employee for the purpose of this chapter on September 30, 1979, by reason of service in an Executive agency, the United States Postal Service, or the Smithsonian Institution in the area which was then known as the Canal Zone;”.
1980
Pub. L. 96–179 § 2(1) · 93 Stat. 1299
1. Inserted · 5 U.S.C. § 8901(5)
  Pub. L. 96–179, § 2(1), inserted “dependent” after “unmarried” in provisions preceding subpar. (A) and in provisions following subpar. (B)
2. Inserted · 5 U.S.C. § 8901(5)
  Pub. L. 96–179, § 2(1), inserted “or recognized natural child” after “child” in subpar. (A)
3. Substituted · 5 U.S.C. § 8901(5)
  Pub. L. 96–179, § 2(1), substituted “or foster child but only if the child;” for “, foster child, or recognized natural child who” in subpar. (B)
Source evidence
Code amendment note
Par. (5). Pub. L. 96–179, § 2(1), inserted “dependent” after “unmarried” in provisions preceding subpar. (A) and in provisions following subpar. (B), inserted “or recognized natural child” after “child” in subpar. (A), and substituted “or foster child but only if the child;” for “, foster child, or recognized natural child who” in subpar. (B).
Enacted provision · exact public law section
(1) in paragraph (5), by— (A) inserting “dependent” after “unmarried” each place it appears therein; and (B) by inserting “or recognized natural child” after “child” in subparagraph (A); and (C) by striking out “, foster child, or recognized natural child who” in subparagraph (B) and inserting in lieu thereof “or foster child but only if the child;”.
1980
Pub. L. 96–179 § 2(2) · 93 Stat. 1299
Added · 5 U.S.C. § 8901(9)
Pub. L. 96–179, § 2(2)–(4), added par. (9)
Source evidence
Code amendment note
Par. (9). Pub. L. 96–179, § 2(2)–(4), added par. (9).
Enacted provision · exact public law section
(2) by striking out “and” at the end of paragraph (7);
1984
Civil Service Retirement Spouse Equity Act of 1984
Pub. L. 98–615 § 3(1) · 98 Stat. 3195
Added · 5 U.S.C. § 8901(10)
Pub. L. 98–615 added par. (10)
Source evidence
Code amendment note
Par. (10). Pub. L. 98–615 added par. (10).
Enacted provision · exact public law section
(1) in section 8901— (A) by striking out “and” at the end of paragraph (8); (B) by striking out the period at the end of paragraph (9) and inserting in lieu thereof “; and”; and (C) by adding at the end thereof the following new paragraph: “(10) ‘former spouse’ means a former spouse of an employee, former employee, or annuitant— “(A) who has not remarried before age 55 after the marriage to the employee, former employee, or annuitant was dissolved, “(B) who was enrolled in an approved health benefits plan under this chapter as a family member at any time during the 18-month period before the date of the dissolu-tion of the marriage to the employee, former employee, or annuitant, and “(C) (i) who is receiving any portion of an annuity under section 8345(j) of this title or a survivor annuity under Ante, p. 3202. Ante, p. 3199. section 8341(h) of this title (or benefits similar to either of the aforementioned annuity benefits under a retirement system for Government employees other than the Civil Service Retirement System), “(ii) as to whom a court order or decree referred to in section 8341(h) or 8345(j) of this title (or similar provision of law under any such retirement system other than the Civil Service Retirement System) has been issued, or for whom an election has been made under section 8339(j)(3) of this title (or similar provision of law), or Ante, p. 3195. “(iii) who is otherwise entitled to an annuity or any portion of an annuity as a former spouse under a retirement system for Government employees, except that such term shall not include any such unremarried former spouse of a former employee whose marriage was dissolved after the former employee’s separation from the service (other than by retirement).”;
1985
Pub. L. 99–53 § 1(a) · 99 Stat. 93
1. Amended · 5 U.S.C. § 8901(8)
  Pub. L. 99–53 amended par. (8) generally
2. Amended · 5 U.S.C. § 8901(8)
  Pub. L. 99–53 designating existing provisions as subpar. (A)
3. Added · 5 U.S.C. § 8901(8)
  Pub. L. 99–53 adding subpar. (B)
Source evidence
Code amendment note
Par. (8). Pub. L. 99–53 amended par. (8) generally, designating existing provisions as subpar. (A) and adding subpar. (B).
Enacted provision · exact public law section
(a) Definition of an Employee Organization.— Section 8901(8) of title 5, United States Code, is amended to read as follows: “(8) ‘employee organization’ means— “(A) an association or other organization of employees which is national in scope, or in which membership is open to all employees of a Government agency who are eligible to enroll in a health benefits plan under this chapter and which, after December 31, 1978, and before January 1, 1980, applied to the Office for approval of a plan provided under section 8903(3) of this title; and “(B) an association or other organization which is national in scope, in which membership is open only to employees, annuitants, or former spouses, or any combination thereof, and which, during the 90-day period beginning on the date of enactment of section 8903a of this title, Infra, applied to the Office for approval of a plan provided under such section;”.
1986
Federal Employees Benefits Improvement Act of 1986
Pub. L. 99–251 title I § 105(a) · 100 Stat. 14
Added · 5 U.S.C. § 8901(11)
Pub. L. 99–251 added par. (11)
Source evidence
Code amendment note
Par. (11). Pub. L. 99–251 added par. (11).
Enacted provision · exact public law section
(a) Definitions.— Section 8901 of title 5, United States Code, is amended— (1) by striking out “and” at the end of paragraph (9); (2) by striking out the period at the end of paragraph (10) and inserting in lieu thereof “; and”; and (3) by adding at the end thereof the following new paragraph: “(11) ‘qualified clinical social worker’ means an individual— “(A) who is licensed or certified as a clinical social worker by the State in which such individual practices; or “(B) who, if such State does not provide for the licensing or certification of clinical social workers— “(i) is certified by a national professional organization offering certification of clinical social workers; or “(ii) meets equivalent requirements (as prescribed by the Office).”.
1986
Pub. L. 99–335 § 207 · 100 Stat. 514
1. Amended · 5 U.S.C. § 8901(1)(E)
  Pub. L. 99–335, § 207(l)(1), amended subpar. (E) generally
2. Substituted · 5 U.S.C. § 8901(1)(E)
  Pub. L. 99–335, § 207(l)(1), substituting “first employed” for “employed”
3. Inserted · 5 U.S.C. § 8901(1)(E)
  Pub. L. 99–335, § 207(l)(1), inserting “before October 1, 1987”
Source evidence
Code amendment note
Par. (1)(E). Pub. L. 99–335, § 207(l)(1), amended subpar. (E) generally, substituting “first employed” for “employed” and inserting “before October 1, 1987”.
Enacted provision · exact public law section
SEC. 207. MISCELLANEOUS AMENDMENTS. (a) Amendment to Section 2105.— Section 2105(c)(2) of title 5, United States Code, is amended by striking out “chapter 81” and inserting in lieu thereof “chapter 81, chapter 84,”. (b) Amendment to Section 2109.— Section 2109(1) of title 5, United States Code, is amended to read as follows: “(1) ‘air traffic controller’ or ‘controller’ means a civilian employee of the Department of Transportation or the Depart-ment of Defense who, in an air traffic control facility or flight service station facility— “(A) is actively engaged— “(i) in the separation and control of air traffic; or “(ii) in providing preflight, inflight, or airport advisory service to aircraft operators; or “(B) is the immediate supervisor of any employee described in subparagraph (A); and”. (c) Amendment to Section 6301.— Section 6301(2)(B) of title 5, District of Columbia. United States Code, is amended to read as follows: “(B) an individual first employed by the government of the District of Columbia before October 1, 1987;”. (d) Amendment to Section 6303.— The second sentence of section 6303(a) of title 5, United States Code, is amended by striking out “title.” and inserting in lieu thereof “title and all service creditable under section 8411 of this title for the purpose of chapter 84 of this title.”. Ante, p. 517. (e) Amendment to Section 8116.— Section 8116 of title 5, United States Code, is amended by adding at the end thereof the following: “(d) Notwithstanding the other provisions of this section, an individual receiving benefits for disability or death under this subchapter who is also receiving benefits under subchapter III of chapter 84 of this title or benefits under title II of the Social Security Act 42 USC 401. shall be entitled to all such benefits, except that— “(1) benefits received under section 223 of the Social Security Act (on account of disability) shall be subject to reduction on 2 USC 423. account of benefits paid under this subchapter pursuant to the provisions of section 224 of the Social Security Act; and 42 USC 424a. “(2) in the case of benefits received on account of age or death under title II of the Social Security Act, compensation payable under this subchapter based on the Federal service of an employee shall be reduced by the amount of any such social security benefits payable that are attributable to Federal service of that employee covered by chapter 84 of this title. However, eligibility for or receipt of benefits under chapter 84 of this title, or benefits under title II of the Social Security Act by virtue of service covered by chapter 84 of this title, does not affect the right of the employee to compensation for scheduled disabilities specified by section 8107(c) of this title.”. (f) Amendments to Section 8331.— Section 8331(1) of title 5, United States Code, as amended by section 202(a), is further amended— (1) by amending subparagraph (G) to read as follows: District of Columbia. “(G) an individual first employed by the government of the District of Columbia before October 1, 1987;”; and (2) by striking out “or” at the end of clause (ix), by striking out the period at the end of clause (x) and inserting in lieu thereof “; or”, and by adding after clause (x) the following: “(xi) an employee under the Botanic Garden excluded by the Director or Acting Director of the Botanic Garden under section 8347(1) of this title.”, (g) Amendments to Section 8332.— (1) Section 8332(b) of title 5, United States Code, is amended— (A) by striking “and” at the end of paragraph (12), striking the period at the end of the first paragraph (13) and inserting a semicolon, redesignating the second paragraph (13) as para-graph (14), and striking the period at the end of such paragraph (14) (as so redesignated) and inserting “; and”; (B) by inserting after paragraph (14) (as so redesignated by subparagraph (A)) the following: “(15) subject to sections 8334(c) and 8339(i) of this title, service District of Columbia. Guam. Virgin Islands. performed on or after January 3, 1969, and before January 4, 1973, as the Washington Representative for Guam or the Washington Representative for the Virgin Islands, only if the individual serves as a Member for a period of at least five years after January 2, 1973.”; (C) in the second sentence after paragraph (15) (as added by subparagraph (B)), by striking “(13)” and inserting “(14)”; and (D) by adding at the end thereof the following: “For the purpose of this subchapter, service of the type described in paragraph (15) of this subsection shall be considered Member service.”. (2) The last sentence of section 8332(f) of title 5, United States Code, is amended by striking “(13)” and inserting “(14)”. (3) The last sentence of section 8332(kXl) of title 5, United States Code, is amended by striking “second” and inserting “third”. (h) Amendments to Section 8342.— Section 8342(a) of title 5, United States Code, is amended— (1) in paragraphs (1)(B) and (3), by inserting “, or chapter 84 of this title,” after “subchapter”; and Ante, p. 517. (2) by adding at the end the following: “In applying this subsection with respect to an employee or Member who becomes subject to chapter 84 of this title, entitlement to payment of the lump-sum credit shall be determined without regard to paragraph (1) or (3) if, and to the extent that, such lump-sum credit relates to service of a type described in clauses (i) through (iii) of section 302(a)(1)(C) of the Federal Employees’ Retirement System Act of 1986.”. (i) Amendment to Section 8347.— Section 8347 of title 5, United States Code, is amended by adding at the end thereof the following: “(n) (1) Notwithstanding any other provision of this subchapter, the Director of Central Intelligence shall, in a manner consistent with the administration of this subchapter by the Office, and to the extent considered appropriate by the Director of Central Intelligence— “(A) determine entitlement to benefits under this subchapter based on the service of employees of the Central Intelligence Agency; “(B) maintain records relating to the service of such Records. employees; “(C) compute benefits under this subchapter based on the service of such employees; “(D) collect deposits to the Fund made by such employees, their spouses, and their former spouses; “(E) authorize and direct disbursements from the Fund to the extent based on service of such employees; and “(F) perform such other functions under this subchapter as the Director of Central Intelligence, in consultation with the Director of the Office of Personnel Management, determines to be appropriate. “(2) The Director of the Office of Personnel Management shall furnish such information and, on a reimbursable basis, such services to the Director of Central Intelligence as the Director of Central Intelligence requests to carry out paragraph (1) of this subsection. “(3) (A) The Director of Central Intelligence, in consultation with Regulations. the Director of the Office of Personnel Management, shall by regulation prescribe appropriate procedures to carry out this subsection. “(B) The regulations shall provide procedures for the Director of the Office of Personnel Management to inspect and audit disbursements from the Civil Service Retirement and Disability Fund under this subchapter. “(C) The Director of Central Intelligence shall submit the regulations prescribed under subparagraph (A) to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives before the regulations take effect. “(4) (A) Section 201(c) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees shall apply in the administration 50 USC 403 note. of this subchapter to the extent that the provisions of this subchapter are administered under this subsection. “(B) Notwithstanding subparagraph (A) of this paragraph, section 8347(d) of this title shall apply with respect to employees of the Central Intelligence Agency who are subject to the Civil Service Retirement System.”. (j) Amendments to Section 8348.— Section 8348(a) of title 5, United States Code, is amended— (1) in paragraph (1)(A), by striking out “subchapter;” and inserting in lieu thereof “subchapter or by the provisions of chapter 84 of this title which relate to benefits payable out of Ante, p. 517. the Fund;”; (2) in paragraph (1)(B)— (A) by inserting “or 8462” after “8340”; and (B) by striking out “title, and” and inserting in lieu thereof “title or subchapters II and IV of chapter 84 of this title, and”; and (3) in paragraph (2), by striking out “chapter” and inserting in lieu thereof “chapter, chapter 84 of this title,”. (k) Amendments to Chapter 87.— Chapter 87 of title 5, United 5 USC 8701 et seq. States Code, is amended— (1) by amending section 8701(a)(6) to read as follows: “(6) an individual first employed by the government of the District of Columbia before October 1, 1987;”; (2) in section 8706, by striking out subsection (c) and redesignating subsections (d), (e), and (f) as subsections (c), (d), and (e), respectively; (3) by striking out subsection (c)(1) of section 8714a and inserting in lieu thereof the following: “(c) (1) Except as otherwise provided in this subsection, the optional Insurance. insurance on an employee stops on his 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.”; (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.”; and (5) by striking out subsection (c)(1) of section 8714c and inserting in lieu thereof the following: (1) Except as otherwise provided in this subsection, the optional life insurance on family members shall stop at the earlier of the employee’s death, the employee’s separation from the service, or 12 months after discontinuance of pay, subject to a provision for temporary extension of life insurance coverage and for conversion to individual policies of life insurance under conditions approved by the Office.”. (l) Amendments to Section 8901.— Section 8901 of title 5, United States Code, is amended— (1) by amending paragraph (1)(E) to read as follows: “(E) an individual first employed by the government of District of Columbia. the District of Columbia before October 1, 1987;”; (2) by amending paragraph (3)(A) to read as follows: “(A) an employee who retires— “(i) on an immediate annuity under subchapter III of chapter 83 of this title, or another retirement system Ante, pp. 589, 591–593. for employees of the Government, after 5 or more years of service; “(ii) under section 8412 or 8414 of this title; or “(iii) for disability under subchapter III of chapter 83 of this title, chapter 84 of this title, or another retirement Ante, p. 517. system for employees of the Government;”; (3) in paragraph (4), by inserting “or chapter 84” after “83”; (4) in paragraph (10)(C)(i), by inserting “or 8467” after “8345(j)”, by inserting “or 8445” after “8341(h)”, and by striking out “System),” and inserting in lieu thereof “System or the Federal Employees’ Retirement System),”; and (5) in paragraph (10)(C)(ii)— (A) by striking out “or 8345(j)” and inserting in lieu thereof “8345(j), 8445, or 8467” and by striking out “System)” and inserting in lieu thereof “System or the Federal Employees’ Retirement System)”; and (B) by inserting “or 8417(b)” after “8339(j)(3)”. (m) Amendments to Section 8905.— Section 8905(c)(1) of title 5, United States Code, is amended— (1) in subparagraph (B), by inserting “or 84170t))” after “8339(j)(3)”; and (2) in the second sentence, by striking out “or 8345(j)” and inserting in lieu thereof “8345(j), 8445, or 8467”. (n) Amendment to Section 5102.— Section 5102(c)(14) of title 5, United States Code, is amended by inserting “(other than employees of the Federal Retirement Thrift Investment Management System appointed under section 8474(c)(2) of this title)” after “United States”.
1986
Pub. L. 99–335 § 207 · 100 Stat. 514
Amended · 5 U.S.C. § 8901(3)(A)
Pub. L. 99–335, § 207(l)(2), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “an employee who retires on an immediate annuity under subchapter III of chapter 83 of this title or another retirement system for employees of the Government, after 5 or more years of service or for disability”
Source evidence
Code amendment note
Par. (3)(A). Pub. L. 99–335, § 207(l)(2), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “an employee who retires on an immediate annuity under subchapter III of chapter 83 of this title or another retirement system for employees of the Government, after 5 or more years of service or for disability”.
Enacted provision · exact public law section
SEC. 207. MISCELLANEOUS AMENDMENTS. (a) Amendment to Section 2105.— Section 2105(c)(2) of title 5, United States Code, is amended by striking out “chapter 81” and inserting in lieu thereof “chapter 81, chapter 84,”. (b) Amendment to Section 2109.— Section 2109(1) of title 5, United States Code, is amended to read as follows: “(1) ‘air traffic controller’ or ‘controller’ means a civilian employee of the Department of Transportation or the Depart-ment of Defense who, in an air traffic control facility or flight service station facility— “(A) is actively engaged— “(i) in the separation and control of air traffic; or “(ii) in providing preflight, inflight, or airport advisory service to aircraft operators; or “(B) is the immediate supervisor of any employee described in subparagraph (A); and”. (c) Amendment to Section 6301.— Section 6301(2)(B) of title 5, District of Columbia. United States Code, is amended to read as follows: “(B) an individual first employed by the government of the District of Columbia before October 1, 1987;”. (d) Amendment to Section 6303.— The second sentence of section 6303(a) of title 5, United States Code, is amended by striking out “title.” and inserting in lieu thereof “title and all service creditable under section 8411 of this title for the purpose of chapter 84 of this title.”. Ante, p. 517. (e) Amendment to Section 8116.— Section 8116 of title 5, United States Code, is amended by adding at the end thereof the following: “(d) Notwithstanding the other provisions of this section, an individual receiving benefits for disability or death under this subchapter who is also receiving benefits under subchapter III of chapter 84 of this title or benefits under title II of the Social Security Act 42 USC 401. shall be entitled to all such benefits, except that— “(1) benefits received under section 223 of the Social Security Act (on account of disability) shall be subject to reduction on 2 USC 423. account of benefits paid under this subchapter pursuant to the provisions of section 224 of the Social Security Act; and 42 USC 424a. “(2) in the case of benefits received on account of age or death under title II of the Social Security Act, compensation payable under this subchapter based on the Federal service of an employee shall be reduced by the amount of any such social security benefits payable that are attributable to Federal service of that employee covered by chapter 84 of this title. However, eligibility for or receipt of benefits under chapter 84 of this title, or benefits under title II of the Social Security Act by virtue of service covered by chapter 84 of this title, does not affect the right of the employee to compensation for scheduled disabilities specified by section 8107(c) of this title.”. (f) Amendments to Section 8331.— Section 8331(1) of title 5, United States Code, as amended by section 202(a), is further amended— (1) by amending subparagraph (G) to read as follows: District of Columbia. “(G) an individual first employed by the government of the District of Columbia before October 1, 1987;”; and (2) by striking out “or” at the end of clause (ix), by striking out the period at the end of clause (x) and inserting in lieu thereof “; or”, and by adding after clause (x) the following: “(xi) an employee under the Botanic Garden excluded by the Director or Acting Director of the Botanic Garden under section 8347(1) of this title.”, (g) Amendments to Section 8332.— (1) Section 8332(b) of title 5, United States Code, is amended— (A) by striking “and” at the end of paragraph (12), striking the period at the end of the first paragraph (13) and inserting a semicolon, redesignating the second paragraph (13) as para-graph (14), and striking the period at the end of such paragraph (14) (as so redesignated) and inserting “; and”; (B) by inserting after paragraph (14) (as so redesignated by subparagraph (A)) the following: “(15) subject to sections 8334(c) and 8339(i) of this title, service District of Columbia. Guam. Virgin Islands. performed on or after January 3, 1969, and before January 4, 1973, as the Washington Representative for Guam or the Washington Representative for the Virgin Islands, only if the individual serves as a Member for a period of at least five years after January 2, 1973.”; (C) in the second sentence after paragraph (15) (as added by subparagraph (B)), by striking “(13)” and inserting “(14)”; and (D) by adding at the end thereof the following: “For the purpose of this subchapter, service of the type described in paragraph (15) of this subsection shall be considered Member service.”. (2) The last sentence of section 8332(f) of title 5, United States Code, is amended by striking “(13)” and inserting “(14)”. (3) The last sentence of section 8332(kXl) of title 5, United States Code, is amended by striking “second” and inserting “third”. (h) Amendments to Section 8342.— Section 8342(a) of title 5, United States Code, is amended— (1) in paragraphs (1)(B) and (3), by inserting “, or chapter 84 of this title,” after “subchapter”; and Ante, p. 517. (2) by adding at the end the following: “In applying this subsection with respect to an employee or Member who becomes subject to chapter 84 of this title, entitlement to payment of the lump-sum credit shall be determined without regard to paragraph (1) or (3) if, and to the extent that, such lump-sum credit relates to service of a type described in clauses (i) through (iii) of section 302(a)(1)(C) of the Federal Employees’ Retirement System Act of 1986.”. (i) Amendment to Section 8347.— Section 8347 of title 5, United States Code, is amended by adding at the end thereof the following: “(n) (1) Notwithstanding any other provision of this subchapter, the Director of Central Intelligence shall, in a manner consistent with the administration of this subchapter by the Office, and to the extent considered appropriate by the Director of Central Intelligence— “(A) determine entitlement to benefits under this subchapter based on the service of employees of the Central Intelligence Agency; “(B) maintain records relating to the service of such Records. employees; “(C) compute benefits under this subchapter based on the service of such employees; “(D) collect deposits to the Fund made by such employees, their spouses, and their former spouses; “(E) authorize and direct disbursements from the Fund to the extent based on service of such employees; and “(F) perform such other functions under this subchapter as the Director of Central Intelligence, in consultation with the Director of the Office of Personnel Management, determines to be appropriate. “(2) The Director of the Office of Personnel Management shall furnish such information and, on a reimbursable basis, such services to the Director of Central Intelligence as the Director of Central Intelligence requests to carry out paragraph (1) of this subsection. “(3) (A) The Director of Central Intelligence, in consultation with Regulations. the Director of the Office of Personnel Management, shall by regulation prescribe appropriate procedures to carry out this subsection. “(B) The regulations shall provide procedures for the Director of the Office of Personnel Management to inspect and audit disbursements from the Civil Service Retirement and Disability Fund under this subchapter. “(C) The Director of Central Intelligence shall submit the regulations prescribed under subparagraph (A) to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives before the regulations take effect. “(4) (A) Section 201(c) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees shall apply in the administration 50 USC 403 note. of this subchapter to the extent that the provisions of this subchapter are administered under this subsection. “(B) Notwithstanding subparagraph (A) of this paragraph, section 8347(d) of this title shall apply with respect to employees of the Central Intelligence Agency who are subject to the Civil Service Retirement System.”. (j) Amendments to Section 8348.— Section 8348(a) of title 5, United States Code, is amended— (1) in paragraph (1)(A), by striking out “subchapter;” and inserting in lieu thereof “subchapter or by the provisions of chapter 84 of this title which relate to benefits payable out of Ante, p. 517. the Fund;”; (2) in paragraph (1)(B)— (A) by inserting “or 8462” after “8340”; and (B) by striking out “title, and” and inserting in lieu thereof “title or subchapters II and IV of chapter 84 of this title, and”; and (3) in paragraph (2), by striking out “chapter” and inserting in lieu thereof “chapter, chapter 84 of this title,”. (k) Amendments to Chapter 87.— Chapter 87 of title 5, United 5 USC 8701 et seq. States Code, is amended— (1) by amending section 8701(a)(6) to read as follows: “(6) an individual first employed by the government of the District of Columbia before October 1, 1987;”; (2) in section 8706, by striking out subsection (c) and redesignating subsections (d), (e), and (f) as subsections (c), (d), and (e), respectively; (3) by striking out subsection (c)(1) of section 8714a and inserting in lieu thereof the following: “(c) (1) Except as otherwise provided in this subsection, the optional Insurance. insurance on an employee stops on his 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.”; (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.”; and (5) by striking out subsection (c)(1) of section 8714c and inserting in lieu thereof the following: (1) Except as otherwise provided in this subsection, the optional life insurance on family members shall stop at the earlier of the employee’s death, the employee’s separation from the service, or 12 months after discontinuance of pay, subject to a provision for temporary extension of life insurance coverage and for conversion to individual policies of life insurance under conditions approved by the Office.”. (l) Amendments to Section 8901.— Section 8901 of title 5, United States Code, is amended— (1) by amending paragraph (1)(E) to read as follows: “(E) an individual first employed by the government of District of Columbia. the District of Columbia before October 1, 1987;”; (2) by amending paragraph (3)(A) to read as follows: “(A) an employee who retires— “(i) on an immediate annuity under subchapter III of chapter 83 of this title, or another retirement system Ante, pp. 589, 591–593. for employees of the Government, after 5 or more years of service; “(ii) under section 8412 or 8414 of this title; or “(iii) for disability under subchapter III of chapter 83 of this title, chapter 84 of this title, or another retirement Ante, p. 517. system for employees of the Government;”; (3) in paragraph (4), by inserting “or chapter 84” after “83”; (4) in paragraph (10)(C)(i), by inserting “or 8467” after “8345(j)”, by inserting “or 8445” after “8341(h)”, and by striking out “System),” and inserting in lieu thereof “System or the Federal Employees’ Retirement System),”; and (5) in paragraph (10)(C)(ii)— (A) by striking out “or 8345(j)” and inserting in lieu thereof “8345(j), 8445, or 8467” and by striking out “System)” and inserting in lieu thereof “System or the Federal Employees’ Retirement System)”; and (B) by inserting “or 8417(b)” after “8339(j)(3)”. (m) Amendments to Section 8905.— Section 8905(c)(1) of title 5, United States Code, is amended— (1) in subparagraph (B), by inserting “or 84170t))” after “8339(j)(3)”; and (2) in the second sentence, by striking out “or 8345(j)” and inserting in lieu thereof “8345(j), 8445, or 8467”. (n) Amendment to Section 5102.— Section 5102(c)(14) of title 5, United States Code, is amended by inserting “(other than employees of the Federal Retirement Thrift Investment Management System appointed under section 8474(c)(2) of this title)” after “United States”.
1986
Pub. L. 99–335 § 207 · 100 Stat. 514
Inserted · 5 U.S.C. § 8901(4)
Pub. L. 99–335, § 207(l)(3), inserted “or chapter 84”
Source evidence
Code amendment note
Par. (4). Pub. L. 99–335, § 207(l)(3), inserted “or chapter 84”.
Enacted provision · exact public law section
SEC. 207. MISCELLANEOUS AMENDMENTS. (a) Amendment to Section 2105.— Section 2105(c)(2) of title 5, United States Code, is amended by striking out “chapter 81” and inserting in lieu thereof “chapter 81, chapter 84,”. (b) Amendment to Section 2109.— Section 2109(1) of title 5, United States Code, is amended to read as follows: “(1) ‘air traffic controller’ or ‘controller’ means a civilian employee of the Department of Transportation or the Depart-ment of Defense who, in an air traffic control facility or flight service station facility— “(A) is actively engaged— “(i) in the separation and control of air traffic; or “(ii) in providing preflight, inflight, or airport advisory service to aircraft operators; or “(B) is the immediate supervisor of any employee described in subparagraph (A); and”. (c) Amendment to Section 6301.— Section 6301(2)(B) of title 5, District of Columbia. United States Code, is amended to read as follows: “(B) an individual first employed by the government of the District of Columbia before October 1, 1987;”. (d) Amendment to Section 6303.— The second sentence of section 6303(a) of title 5, United States Code, is amended by striking out “title.” and inserting in lieu thereof “title and all service creditable under section 8411 of this title for the purpose of chapter 84 of this title.”. Ante, p. 517. (e) Amendment to Section 8116.— Section 8116 of title 5, United States Code, is amended by adding at the end thereof the following: “(d) Notwithstanding the other provisions of this section, an individual receiving benefits for disability or death under this subchapter who is also receiving benefits under subchapter III of chapter 84 of this title or benefits under title II of the Social Security Act 42 USC 401. shall be entitled to all such benefits, except that— “(1) benefits received under section 223 of the Social Security Act (on account of disability) shall be subject to reduction on 2 USC 423. account of benefits paid under this subchapter pursuant to the provisions of section 224 of the Social Security Act; and 42 USC 424a. “(2) in the case of benefits received on account of age or death under title II of the Social Security Act, compensation payable under this subchapter based on the Federal service of an employee shall be reduced by the amount of any such social security benefits payable that are attributable to Federal service of that employee covered by chapter 84 of this title. However, eligibility for or receipt of benefits under chapter 84 of this title, or benefits under title II of the Social Security Act by virtue of service covered by chapter 84 of this title, does not affect the right of the employee to compensation for scheduled disabilities specified by section 8107(c) of this title.”. (f) Amendments to Section 8331.— Section 8331(1) of title 5, United States Code, as amended by section 202(a), is further amended— (1) by amending subparagraph (G) to read as follows: District of Columbia. “(G) an individual first employed by the government of the District of Columbia before October 1, 1987;”; and (2) by striking out “or” at the end of clause (ix), by striking out the period at the end of clause (x) and inserting in lieu thereof “; or”, and by adding after clause (x) the following: “(xi) an employee under the Botanic Garden excluded by the Director or Acting Director of the Botanic Garden under section 8347(1) of this title.”, (g) Amendments to Section 8332.— (1) Section 8332(b) of title 5, United States Code, is amended— (A) by striking “and” at the end of paragraph (12), striking the period at the end of the first paragraph (13) and inserting a semicolon, redesignating the second paragraph (13) as para-graph (14), and striking the period at the end of such paragraph (14) (as so redesignated) and inserting “; and”; (B) by inserting after paragraph (14) (as so redesignated by subparagraph (A)) the following: “(15) subject to sections 8334(c) and 8339(i) of this title, service District of Columbia. Guam. Virgin Islands. performed on or after January 3, 1969, and before January 4, 1973, as the Washington Representative for Guam or the Washington Representative for the Virgin Islands, only if the individual serves as a Member for a period of at least five years after January 2, 1973.”; (C) in the second sentence after paragraph (15) (as added by subparagraph (B)), by striking “(13)” and inserting “(14)”; and (D) by adding at the end thereof the following: “For the purpose of this subchapter, service of the type described in paragraph (15) of this subsection shall be considered Member service.”. (2) The last sentence of section 8332(f) of title 5, United States Code, is amended by striking “(13)” and inserting “(14)”. (3) The last sentence of section 8332(kXl) of title 5, United States Code, is amended by striking “second” and inserting “third”. (h) Amendments to Section 8342.— Section 8342(a) of title 5, United States Code, is amended— (1) in paragraphs (1)(B) and (3), by inserting “, or chapter 84 of this title,” after “subchapter”; and Ante, p. 517. (2) by adding at the end the following: “In applying this subsection with respect to an employee or Member who becomes subject to chapter 84 of this title, entitlement to payment of the lump-sum credit shall be determined without regard to paragraph (1) or (3) if, and to the extent that, such lump-sum credit relates to service of a type described in clauses (i) through (iii) of section 302(a)(1)(C) of the Federal Employees’ Retirement System Act of 1986.”. (i) Amendment to Section 8347.— Section 8347 of title 5, United States Code, is amended by adding at the end thereof the following: “(n) (1) Notwithstanding any other provision of this subchapter, the Director of Central Intelligence shall, in a manner consistent with the administration of this subchapter by the Office, and to the extent considered appropriate by the Director of Central Intelligence— “(A) determine entitlement to benefits under this subchapter based on the service of employees of the Central Intelligence Agency; “(B) maintain records relating to the service of such Records. employees; “(C) compute benefits under this subchapter based on the service of such employees; “(D) collect deposits to the Fund made by such employees, their spouses, and their former spouses; “(E) authorize and direct disbursements from the Fund to the extent based on service of such employees; and “(F) perform such other functions under this subchapter as the Director of Central Intelligence, in consultation with the Director of the Office of Personnel Management, determines to be appropriate. “(2) The Director of the Office of Personnel Management shall furnish such information and, on a reimbursable basis, such services to the Director of Central Intelligence as the Director of Central Intelligence requests to carry out paragraph (1) of this subsection. “(3) (A) The Director of Central Intelligence, in consultation with Regulations. the Director of the Office of Personnel Management, shall by regulation prescribe appropriate procedures to carry out this subsection. “(B) The regulations shall provide procedures for the Director of the Office of Personnel Management to inspect and audit disbursements from the Civil Service Retirement and Disability Fund under this subchapter. “(C) The Director of Central Intelligence shall submit the regulations prescribed under subparagraph (A) to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives before the regulations take effect. “(4) (A) Section 201(c) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees shall apply in the administration 50 USC 403 note. of this subchapter to the extent that the provisions of this subchapter are administered under this subsection. “(B) Notwithstanding subparagraph (A) of this paragraph, section 8347(d) of this title shall apply with respect to employees of the Central Intelligence Agency who are subject to the Civil Service Retirement System.”. (j) Amendments to Section 8348.— Section 8348(a) of title 5, United States Code, is amended— (1) in paragraph (1)(A), by striking out “subchapter;” and inserting in lieu thereof “subchapter or by the provisions of chapter 84 of this title which relate to benefits payable out of Ante, p. 517. the Fund;”; (2) in paragraph (1)(B)— (A) by inserting “or 8462” after “8340”; and (B) by striking out “title, and” and inserting in lieu thereof “title or subchapters II and IV of chapter 84 of this title, and”; and (3) in paragraph (2), by striking out “chapter” and inserting in lieu thereof “chapter, chapter 84 of this title,”. (k) Amendments to Chapter 87.— Chapter 87 of title 5, United 5 USC 8701 et seq. States Code, is amended— (1) by amending section 8701(a)(6) to read as follows: “(6) an individual first employed by the government of the District of Columbia before October 1, 1987;”; (2) in section 8706, by striking out subsection (c) and redesignating subsections (d), (e), and (f) as subsections (c), (d), and (e), respectively; (3) by striking out subsection (c)(1) of section 8714a and inserting in lieu thereof the following: “(c) (1) Except as otherwise provided in this subsection, the optional Insurance. insurance on an employee stops on his 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.”; (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.”; and (5) by striking out subsection (c)(1) of section 8714c and inserting in lieu thereof the following: (1) Except as otherwise provided in this subsection, the optional life insurance on family members shall stop at the earlier of the employee’s death, the employee’s separation from the service, or 12 months after discontinuance of pay, subject to a provision for temporary extension of life insurance coverage and for conversion to individual policies of life insurance under conditions approved by the Office.”. (l) Amendments to Section 8901.— Section 8901 of title 5, United States Code, is amended— (1) by amending paragraph (1)(E) to read as follows: “(E) an individual first employed by the government of District of Columbia. the District of Columbia before October 1, 1987;”; (2) by amending paragraph (3)(A) to read as follows: “(A) an employee who retires— “(i) on an immediate annuity under subchapter III of chapter 83 of this title, or another retirement system Ante, pp. 589, 591–593. for employees of the Government, after 5 or more years of service; “(ii) under section 8412 or 8414 of this title; or “(iii) for disability under subchapter III of chapter 83 of this title, chapter 84 of this title, or another retirement Ante, p. 517. system for employees of the Government;”; (3) in paragraph (4), by inserting “or chapter 84” after “83”; (4) in paragraph (10)(C)(i), by inserting “or 8467” after “8345(j)”, by inserting “or 8445” after “8341(h)”, and by striking out “System),” and inserting in lieu thereof “System or the Federal Employees’ Retirement System),”; and (5) in paragraph (10)(C)(ii)— (A) by striking out “or 8345(j)” and inserting in lieu thereof “8345(j), 8445, or 8467” and by striking out “System)” and inserting in lieu thereof “System or the Federal Employees’ Retirement System)”; and (B) by inserting “or 8417(b)” after “8339(j)(3)”. (m) Amendments to Section 8905.— Section 8905(c)(1) of title 5, United States Code, is amended— (1) in subparagraph (B), by inserting “or 84170t))” after “8339(j)(3)”; and (2) in the second sentence, by striking out “or 8345(j)” and inserting in lieu thereof “8345(j), 8445, or 8467”. (n) Amendment to Section 5102.— Section 5102(c)(14) of title 5, United States Code, is amended by inserting “(other than employees of the Federal Retirement Thrift Investment Management System appointed under section 8474(c)(2) of this title)” after “United States”.
1986
Pub. L. 99–335 § 207 · 100 Stat. 514
Inserted · 5 U.S.C. § 8901(10)(C)(i)
Pub. L. 99–335, § 207(l)(4), inserted “or 8467”, “or 8445”, and “or the Federal Employees’ Retirement System”
Source evidence
Code amendment note
Par. (10)(C)(i). Pub. L. 99–335, § 207(l)(4), inserted “or 8467”, “or 8445”, and “or the Federal Employees’ Retirement System”.
Enacted provision · exact public law section
SEC. 207. MISCELLANEOUS AMENDMENTS. (a) Amendment to Section 2105.— Section 2105(c)(2) of title 5, United States Code, is amended by striking out “chapter 81” and inserting in lieu thereof “chapter 81, chapter 84,”. (b) Amendment to Section 2109.— Section 2109(1) of title 5, United States Code, is amended to read as follows: “(1) ‘air traffic controller’ or ‘controller’ means a civilian employee of the Department of Transportation or the Depart-ment of Defense who, in an air traffic control facility or flight service station facility— “(A) is actively engaged— “(i) in the separation and control of air traffic; or “(ii) in providing preflight, inflight, or airport advisory service to aircraft operators; or “(B) is the immediate supervisor of any employee described in subparagraph (A); and”. (c) Amendment to Section 6301.— Section 6301(2)(B) of title 5, District of Columbia. United States Code, is amended to read as follows: “(B) an individual first employed by the government of the District of Columbia before October 1, 1987;”. (d) Amendment to Section 6303.— The second sentence of section 6303(a) of title 5, United States Code, is amended by striking out “title.” and inserting in lieu thereof “title and all service creditable under section 8411 of this title for the purpose of chapter 84 of this title.”. Ante, p. 517. (e) Amendment to Section 8116.— Section 8116 of title 5, United States Code, is amended by adding at the end thereof the following: “(d) Notwithstanding the other provisions of this section, an individual receiving benefits for disability or death under this subchapter who is also receiving benefits under subchapter III of chapter 84 of this title or benefits under title II of the Social Security Act 42 USC 401. shall be entitled to all such benefits, except that— “(1) benefits received under section 223 of the Social Security Act (on account of disability) shall be subject to reduction on 2 USC 423. account of benefits paid under this subchapter pursuant to the provisions of section 224 of the Social Security Act; and 42 USC 424a. “(2) in the case of benefits received on account of age or death under title II of the Social Security Act, compensation payable under this subchapter based on the Federal service of an employee shall be reduced by the amount of any such social security benefits payable that are attributable to Federal service of that employee covered by chapter 84 of this title. However, eligibility for or receipt of benefits under chapter 84 of this title, or benefits under title II of the Social Security Act by virtue of service covered by chapter 84 of this title, does not affect the right of the employee to compensation for scheduled disabilities specified by section 8107(c) of this title.”. (f) Amendments to Section 8331.— Section 8331(1) of title 5, United States Code, as amended by section 202(a), is further amended— (1) by amending subparagraph (G) to read as follows: District of Columbia. “(G) an individual first employed by the government of the District of Columbia before October 1, 1987;”; and (2) by striking out “or” at the end of clause (ix), by striking out the period at the end of clause (x) and inserting in lieu thereof “; or”, and by adding after clause (x) the following: “(xi) an employee under the Botanic Garden excluded by the Director or Acting Director of the Botanic Garden under section 8347(1) of this title.”, (g) Amendments to Section 8332.— (1) Section 8332(b) of title 5, United States Code, is amended— (A) by striking “and” at the end of paragraph (12), striking the period at the end of the first paragraph (13) and inserting a semicolon, redesignating the second paragraph (13) as para-graph (14), and striking the period at the end of such paragraph (14) (as so redesignated) and inserting “; and”; (B) by inserting after paragraph (14) (as so redesignated by subparagraph (A)) the following: “(15) subject to sections 8334(c) and 8339(i) of this title, service District of Columbia. Guam. Virgin Islands. performed on or after January 3, 1969, and before January 4, 1973, as the Washington Representative for Guam or the Washington Representative for the Virgin Islands, only if the individual serves as a Member for a period of at least five years after January 2, 1973.”; (C) in the second sentence after paragraph (15) (as added by subparagraph (B)), by striking “(13)” and inserting “(14)”; and (D) by adding at the end thereof the following: “For the purpose of this subchapter, service of the type described in paragraph (15) of this subsection shall be considered Member service.”. (2) The last sentence of section 8332(f) of title 5, United States Code, is amended by striking “(13)” and inserting “(14)”. (3) The last sentence of section 8332(kXl) of title 5, United States Code, is amended by striking “second” and inserting “third”. (h) Amendments to Section 8342.— Section 8342(a) of title 5, United States Code, is amended— (1) in paragraphs (1)(B) and (3), by inserting “, or chapter 84 of this title,” after “subchapter”; and Ante, p. 517. (2) by adding at the end the following: “In applying this subsection with respect to an employee or Member who becomes subject to chapter 84 of this title, entitlement to payment of the lump-sum credit shall be determined without regard to paragraph (1) or (3) if, and to the extent that, such lump-sum credit relates to service of a type described in clauses (i) through (iii) of section 302(a)(1)(C) of the Federal Employees’ Retirement System Act of 1986.”. (i) Amendment to Section 8347.— Section 8347 of title 5, United States Code, is amended by adding at the end thereof the following: “(n) (1) Notwithstanding any other provision of this subchapter, the Director of Central Intelligence shall, in a manner consistent with the administration of this subchapter by the Office, and to the extent considered appropriate by the Director of Central Intelligence— “(A) determine entitlement to benefits under this subchapter based on the service of employees of the Central Intelligence Agency; “(B) maintain records relating to the service of such Records. employees; “(C) compute benefits under this subchapter based on the service of such employees; “(D) collect deposits to the Fund made by such employees, their spouses, and their former spouses; “(E) authorize and direct disbursements from the Fund to the extent based on service of such employees; and “(F) perform such other functions under this subchapter as the Director of Central Intelligence, in consultation with the Director of the Office of Personnel Management, determines to be appropriate. “(2) The Director of the Office of Personnel Management shall furnish such information and, on a reimbursable basis, such services to the Director of Central Intelligence as the Director of Central Intelligence requests to carry out paragraph (1) of this subsection. “(3) (A) The Director of Central Intelligence, in consultation with Regulations. the Director of the Office of Personnel Management, shall by regulation prescribe appropriate procedures to carry out this subsection. “(B) The regulations shall provide procedures for the Director of the Office of Personnel Management to inspect and audit disbursements from the Civil Service Retirement and Disability Fund under this subchapter. “(C) The Director of Central Intelligence shall submit the regulations prescribed under subparagraph (A) to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives before the regulations take effect. “(4) (A) Section 201(c) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees shall apply in the administration 50 USC 403 note. of this subchapter to the extent that the provisions of this subchapter are administered under this subsection. “(B) Notwithstanding subparagraph (A) of this paragraph, section 8347(d) of this title shall apply with respect to employees of the Central Intelligence Agency who are subject to the Civil Service Retirement System.”. (j) Amendments to Section 8348.— Section 8348(a) of title 5, United States Code, is amended— (1) in paragraph (1)(A), by striking out “subchapter;” and inserting in lieu thereof “subchapter or by the provisions of chapter 84 of this title which relate to benefits payable out of Ante, p. 517. the Fund;”; (2) in paragraph (1)(B)— (A) by inserting “or 8462” after “8340”; and (B) by striking out “title, and” and inserting in lieu thereof “title or subchapters II and IV of chapter 84 of this title, and”; and (3) in paragraph (2), by striking out “chapter” and inserting in lieu thereof “chapter, chapter 84 of this title,”. (k) Amendments to Chapter 87.— Chapter 87 of title 5, United 5 USC 8701 et seq. States Code, is amended— (1) by amending section 8701(a)(6) to read as follows: “(6) an individual first employed by the government of the District of Columbia before October 1, 1987;”; (2) in section 8706, by striking out subsection (c) and redesignating subsections (d), (e), and (f) as subsections (c), (d), and (e), respectively; (3) by striking out subsection (c)(1) of section 8714a and inserting in lieu thereof the following: “(c) (1) Except as otherwise provided in this subsection, the optional Insurance. insurance on an employee stops on his 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.”; (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.”; and (5) by striking out subsection (c)(1) of section 8714c and inserting in lieu thereof the following: (1) Except as otherwise provided in this subsection, the optional life insurance on family members shall stop at the earlier of the employee’s death, the employee’s separation from the service, or 12 months after discontinuance of pay, subject to a provision for temporary extension of life insurance coverage and for conversion to individual policies of life insurance under conditions approved by the Office.”. (l) Amendments to Section 8901.— Section 8901 of title 5, United States Code, is amended— (1) by amending paragraph (1)(E) to read as follows: “(E) an individual first employed by the government of District of Columbia. the District of Columbia before October 1, 1987;”; (2) by amending paragraph (3)(A) to read as follows: “(A) an employee who retires— “(i) on an immediate annuity under subchapter III of chapter 83 of this title, or another retirement system Ante, pp. 589, 591–593. for employees of the Government, after 5 or more years of service; “(ii) under section 8412 or 8414 of this title; or “(iii) for disability under subchapter III of chapter 83 of this title, chapter 84 of this title, or another retirement Ante, p. 517. system for employees of the Government;”; (3) in paragraph (4), by inserting “or chapter 84” after “83”; (4) in paragraph (10)(C)(i), by inserting “or 8467” after “8345(j)”, by inserting “or 8445” after “8341(h)”, and by striking out “System),” and inserting in lieu thereof “System or the Federal Employees’ Retirement System),”; and (5) in paragraph (10)(C)(ii)— (A) by striking out “or 8345(j)” and inserting in lieu thereof “8345(j), 8445, or 8467” and by striking out “System)” and inserting in lieu thereof “System or the Federal Employees’ Retirement System)”; and (B) by inserting “or 8417(b)” after “8339(j)(3)”. (m) Amendments to Section 8905.— Section 8905(c)(1) of title 5, United States Code, is amended— (1) in subparagraph (B), by inserting “or 84170t))” after “8339(j)(3)”; and (2) in the second sentence, by striking out “or 8345(j)” and inserting in lieu thereof “8345(j), 8445, or 8467”. (n) Amendment to Section 5102.— Section 5102(c)(14) of title 5, United States Code, is amended by inserting “(other than employees of the Federal Retirement Thrift Investment Management System appointed under section 8474(c)(2) of this title)” after “United States”.
1986
Pub. L. 99–335 § 207 · 100 Stat. 514
1. Substituted · 5 U.S.C. § 8901(10)(C)(ii)
  Pub. L. 99–335, § 207(l)(5), substituted “8345(j), 8445, or 8467” for “or 8345(j)”
2. Inserted · 5 U.S.C. § 8901(10)(C)(ii)
  Pub. L. 99–335, § 207(l)(5), inserted “or the Federal Employees’ Retirement System” and “or 8417(b)”
Source evidence
Code amendment note
Par. (10)(C)(ii). Pub. L. 99–335, § 207(l)(5), substituted “8345(j), 8445, or 8467” for “or 8345(j)” and inserted “or the Federal Employees’ Retirement System” and “or 8417(b)”.
Enacted provision · exact public law section
SEC. 207. MISCELLANEOUS AMENDMENTS. (a) Amendment to Section 2105.— Section 2105(c)(2) of title 5, United States Code, is amended by striking out “chapter 81” and inserting in lieu thereof “chapter 81, chapter 84,”. (b) Amendment to Section 2109.— Section 2109(1) of title 5, United States Code, is amended to read as follows: “(1) ‘air traffic controller’ or ‘controller’ means a civilian employee of the Department of Transportation or the Depart-ment of Defense who, in an air traffic control facility or flight service station facility— “(A) is actively engaged— “(i) in the separation and control of air traffic; or “(ii) in providing preflight, inflight, or airport advisory service to aircraft operators; or “(B) is the immediate supervisor of any employee described in subparagraph (A); and”. (c) Amendment to Section 6301.— Section 6301(2)(B) of title 5, District of Columbia. United States Code, is amended to read as follows: “(B) an individual first employed by the government of the District of Columbia before October 1, 1987;”. (d) Amendment to Section 6303.— The second sentence of section 6303(a) of title 5, United States Code, is amended by striking out “title.” and inserting in lieu thereof “title and all service creditable under section 8411 of this title for the purpose of chapter 84 of this title.”. Ante, p. 517. (e) Amendment to Section 8116.— Section 8116 of title 5, United States Code, is amended by adding at the end thereof the following: “(d) Notwithstanding the other provisions of this section, an individual receiving benefits for disability or death under this subchapter who is also receiving benefits under subchapter III of chapter 84 of this title or benefits under title II of the Social Security Act 42 USC 401. shall be entitled to all such benefits, except that— “(1) benefits received under section 223 of the Social Security Act (on account of disability) shall be subject to reduction on 2 USC 423. account of benefits paid under this subchapter pursuant to the provisions of section 224 of the Social Security Act; and 42 USC 424a. “(2) in the case of benefits received on account of age or death under title II of the Social Security Act, compensation payable under this subchapter based on the Federal service of an employee shall be reduced by the amount of any such social security benefits payable that are attributable to Federal service of that employee covered by chapter 84 of this title. However, eligibility for or receipt of benefits under chapter 84 of this title, or benefits under title II of the Social Security Act by virtue of service covered by chapter 84 of this title, does not affect the right of the employee to compensation for scheduled disabilities specified by section 8107(c) of this title.”. (f) Amendments to Section 8331.— Section 8331(1) of title 5, United States Code, as amended by section 202(a), is further amended— (1) by amending subparagraph (G) to read as follows: District of Columbia. “(G) an individual first employed by the government of the District of Columbia before October 1, 1987;”; and (2) by striking out “or” at the end of clause (ix), by striking out the period at the end of clause (x) and inserting in lieu thereof “; or”, and by adding after clause (x) the following: “(xi) an employee under the Botanic Garden excluded by the Director or Acting Director of the Botanic Garden under section 8347(1) of this title.”, (g) Amendments to Section 8332.— (1) Section 8332(b) of title 5, United States Code, is amended— (A) by striking “and” at the end of paragraph (12), striking the period at the end of the first paragraph (13) and inserting a semicolon, redesignating the second paragraph (13) as para-graph (14), and striking the period at the end of such paragraph (14) (as so redesignated) and inserting “; and”; (B) by inserting after paragraph (14) (as so redesignated by subparagraph (A)) the following: “(15) subject to sections 8334(c) and 8339(i) of this title, service District of Columbia. Guam. Virgin Islands. performed on or after January 3, 1969, and before January 4, 1973, as the Washington Representative for Guam or the Washington Representative for the Virgin Islands, only if the individual serves as a Member for a period of at least five years after January 2, 1973.”; (C) in the second sentence after paragraph (15) (as added by subparagraph (B)), by striking “(13)” and inserting “(14)”; and (D) by adding at the end thereof the following: “For the purpose of this subchapter, service of the type described in paragraph (15) of this subsection shall be considered Member service.”. (2) The last sentence of section 8332(f) of title 5, United States Code, is amended by striking “(13)” and inserting “(14)”. (3) The last sentence of section 8332(kXl) of title 5, United States Code, is amended by striking “second” and inserting “third”. (h) Amendments to Section 8342.— Section 8342(a) of title 5, United States Code, is amended— (1) in paragraphs (1)(B) and (3), by inserting “, or chapter 84 of this title,” after “subchapter”; and Ante, p. 517. (2) by adding at the end the following: “In applying this subsection with respect to an employee or Member who becomes subject to chapter 84 of this title, entitlement to payment of the lump-sum credit shall be determined without regard to paragraph (1) or (3) if, and to the extent that, such lump-sum credit relates to service of a type described in clauses (i) through (iii) of section 302(a)(1)(C) of the Federal Employees’ Retirement System Act of 1986.”. (i) Amendment to Section 8347.— Section 8347 of title 5, United States Code, is amended by adding at the end thereof the following: “(n) (1) Notwithstanding any other provision of this subchapter, the Director of Central Intelligence shall, in a manner consistent with the administration of this subchapter by the Office, and to the extent considered appropriate by the Director of Central Intelligence— “(A) determine entitlement to benefits under this subchapter based on the service of employees of the Central Intelligence Agency; “(B) maintain records relating to the service of such Records. employees; “(C) compute benefits under this subchapter based on the service of such employees; “(D) collect deposits to the Fund made by such employees, their spouses, and their former spouses; “(E) authorize and direct disbursements from the Fund to the extent based on service of such employees; and “(F) perform such other functions under this subchapter as the Director of Central Intelligence, in consultation with the Director of the Office of Personnel Management, determines to be appropriate. “(2) The Director of the Office of Personnel Management shall furnish such information and, on a reimbursable basis, such services to the Director of Central Intelligence as the Director of Central Intelligence requests to carry out paragraph (1) of this subsection. “(3) (A) The Director of Central Intelligence, in consultation with Regulations. the Director of the Office of Personnel Management, shall by regulation prescribe appropriate procedures to carry out this subsection. “(B) The regulations shall provide procedures for the Director of the Office of Personnel Management to inspect and audit disbursements from the Civil Service Retirement and Disability Fund under this subchapter. “(C) The Director of Central Intelligence shall submit the regulations prescribed under subparagraph (A) to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives before the regulations take effect. “(4) (A) Section 201(c) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees shall apply in the administration 50 USC 403 note. of this subchapter to the extent that the provisions of this subchapter are administered under this subsection. “(B) Notwithstanding subparagraph (A) of this paragraph, section 8347(d) of this title shall apply with respect to employees of the Central Intelligence Agency who are subject to the Civil Service Retirement System.”. (j) Amendments to Section 8348.— Section 8348(a) of title 5, United States Code, is amended— (1) in paragraph (1)(A), by striking out “subchapter;” and inserting in lieu thereof “subchapter or by the provisions of chapter 84 of this title which relate to benefits payable out of Ante, p. 517. the Fund;”; (2) in paragraph (1)(B)— (A) by inserting “or 8462” after “8340”; and (B) by striking out “title, and” and inserting in lieu thereof “title or subchapters II and IV of chapter 84 of this title, and”; and (3) in paragraph (2), by striking out “chapter” and inserting in lieu thereof “chapter, chapter 84 of this title,”. (k) Amendments to Chapter 87.— Chapter 87 of title 5, United 5 USC 8701 et seq. States Code, is amended— (1) by amending section 8701(a)(6) to read as follows: “(6) an individual first employed by the government of the District of Columbia before October 1, 1987;”; (2) in section 8706, by striking out subsection (c) and redesignating subsections (d), (e), and (f) as subsections (c), (d), and (e), respectively; (3) by striking out subsection (c)(1) of section 8714a and inserting in lieu thereof the following: “(c) (1) Except as otherwise provided in this subsection, the optional Insurance. insurance on an employee stops on his 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.”; (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.”; and (5) by striking out subsection (c)(1) of section 8714c and inserting in lieu thereof the following: (1) Except as otherwise provided in this subsection, the optional life insurance on family members shall stop at the earlier of the employee’s death, the employee’s separation from the service, or 12 months after discontinuance of pay, subject to a provision for temporary extension of life insurance coverage and for conversion to individual policies of life insurance under conditions approved by the Office.”. (l) Amendments to Section 8901.— Section 8901 of title 5, United States Code, is amended— (1) by amending paragraph (1)(E) to read as follows: “(E) an individual first employed by the government of District of Columbia. the District of Columbia before October 1, 1987;”; (2) by amending paragraph (3)(A) to read as follows: “(A) an employee who retires— “(i) on an immediate annuity under subchapter III of chapter 83 of this title, or another retirement system Ante, pp. 589, 591–593. for employees of the Government, after 5 or more years of service; “(ii) under section 8412 or 8414 of this title; or “(iii) for disability under subchapter III of chapter 83 of this title, chapter 84 of this title, or another retirement Ante, p. 517. system for employees of the Government;”; (3) in paragraph (4), by inserting “or chapter 84” after “83”; (4) in paragraph (10)(C)(i), by inserting “or 8467” after “8345(j)”, by inserting “or 8445” after “8341(h)”, and by striking out “System),” and inserting in lieu thereof “System or the Federal Employees’ Retirement System),”; and (5) in paragraph (10)(C)(ii)— (A) by striking out “or 8345(j)” and inserting in lieu thereof “8345(j), 8445, or 8467” and by striking out “System)” and inserting in lieu thereof “System or the Federal Employees’ Retirement System)”; and (B) by inserting “or 8417(b)” after “8339(j)(3)”. (m) Amendments to Section 8905.— Section 8905(c)(1) of title 5, United States Code, is amended— (1) in subparagraph (B), by inserting “or 84170t))” after “8339(j)(3)”; and (2) in the second sentence, by striking out “or 8345(j)” and inserting in lieu thereof “8345(j), 8445, or 8467”. (n) Amendment to Section 5102.— Section 5102(c)(14) of title 5, United States Code, is amended by inserting “(other than employees of the Federal Retirement Thrift Investment Management System appointed under section 8474(c)(2) of this title)” after “United States”.
1986
Federal Employees’ Retirement System Technical Corrections Act of 1986
Pub. L. 99–556 title V § 503 · 100 Stat. 3131
Inserted · 5 U.S.C. § 8901(3)(B)
Pub. L. 99–556 inserted “(including a family member entitled to an amount under section 8442(b)(1)(A), whether or not such family member is entitled to an annuity under section 8442(b)(1)(B))”
Source evidence
Code amendment note
Par. (3)(B). Pub. L. 99–556 inserted “(including a family member entitled to an amount under section 8442(b)(1)(A), whether or not such family member is entitled to an annuity under section 8442(b)(1)(B))”.
Enacted provision · exact public law section
SEC. 503. CLARIFICATION RELATING TO ELIGIBILITY OF CERTAIN SURVIVOR ANNUITANTS TO PARTICIPATE IN FEHBP. Section 890(3)(B) of title 5, United States Code, is amended by inserting after “of an employee” the following: “(including a family member entitled to an amount under section 8442(b)(1)(A), whether or not such family member is entitled to an annuity under section 8442(b)(1)(B))”.
1988
Office of Federal Procurement Policy Act Amendments of 1988
Pub. L. 100–679 § 13(c) · 102 Stat. 4055
Added · 5 U.S.C. § 8901(1)(H); 5 U.S.C. § 8901(1)(I)
Pub. L. 100–679 added subpars. (H) and (I)
Source evidence
Code amendment note
Par. (1)(H), (I). Pub. L. 100–679 added subpars. (H) and (I).
Enacted provision · exact public law section
(c) Health Benefits.— Section 8901(1) of title 5, United States Code, is amended by— (1) striking out “and” at the end of subparagraph (F); and (2) inserting after subparagraph (G) the following new subparagraphs: “(H) an individual appointed to a position on the office staff of a former President under section 10)) of the Act of August 25, 1958 (72 Stat. 838); and “(I) an individual appointed to a position on the office staff of a former President, or a former Vice President under section 4 of the Presidential Transition Act of 1963, as amended (78 Stat. 153), who immediately before the date of such appointment was an employee as defined under any other subparagraph of this paragraph;”.
1990
Computer Matching and Privacy Protection Amendments of 1990
Pub. L. 101–508 title VII § 7202 · 104 Stat. 1388
Added · 5 U.S.C. § 8901(3)(A)(iv)
Pub. L. 101–508 added cl. (iv)
Source evidence
Code amendment note
Par. (3)(A)(iv). Pub. L. 101–508 added cl. (iv).
Enacted provision · exact public law section
SEC. 7202. PORTABILITY OF BENEFITS FOR EMPLOYEES CONVERTING TO THE CIVIL SERVICE SYSTEM. (a) Short Title.— This section may be cited as the “Portability of Benefits for Nonappropriated Fund Employees Act of 1990”. (b) Definitional Amendment.— Section 2105(c) of title 5, United States Code, is amended— (1) by amending paragraph (1) to read as follows: “(1) laws administered by the Office of Personnel Management, except— “(A) section 7204; “(B) as otherwise specifically provided in this title; “(C) the Fair Labor Standards Act of 1938; or “(D) for the purpose of entering into an interchange agreement to provide for the noncompetitive movement of employees between such instrumentalities and the competitive service; or”; and (2) in paragraph (2), by striking “chapter 84” and inserting “chapter 84 (except to the extent specifically provided therein)”. (c) Amendment Relating to Order of Retention.— Section 3502(a)(C) of title 5, United States Code, is amended to read as follows: “(C) is entitled to credit for— “(i) service rendered as an employee of a county committee established pursuant to section 8(b) of the Soil Conservation and Allotment Act or of a committee or association of producers described in section 10(b) of the Agricultural Adjustment Act; and “(ii) service rendered as an employee described in section 2105(c) if such employee moves or has moved, on or after January 1, 1987, without a break in service of more than 3 days, from a position in a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard to a position in the Department of Defense or the Coast Guard, respectively, that is not described in section 2105(c).”. (d) Amendment Relating to Pay on a Change of Position.— Section 5334 of title 5, United States Code, is amended by adding at the end the following: “(g) An employee of a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard described in section 2105(c) who moves, without a break in service of more than 3 days, to a position in the Department of Defense or the Coast Guard, respectively, that is subject to this subchapter, may have such employee’s initial rate of basic pay fixed at the minimum rate of the appropriate grade or at any step of such grade that does not exceed the highest previous rate of basic pay received by that employee during the employee’s service described in section 2105(c). In the case of a nonappropriated fund employee who is moved involuntarily from such non appropriated fund instrumentality without a break in service of more than 3 days and without substantial change in duties to a position that is subject to this subchapter, the employee’s pay shall be set at a rate (not above the maximum for the grade, except as may be provided for under section 5365) that is not less than the employee’s rate of basic pay under the nonappropriated fund instrumentality immediately prior to so moving.”. (e) Amendment Relating to Periodic Step Increases.— Section 5335 of title 5, United States Code, is amended by adding at the end the following: “(g) In computing periods of service under subsection (a) in the case of an employee who moves without a break in service of more than 3 days from a position under a non appropriated fund instrumentality of the Department of Defense or the Coast Guard described in section 2105(c) to a position under the Department of Defense or the Coast Guard, respectively, that is subject to this subchapter, service under such instrumentality shall, under regulations prescribed by the Office, be deemed service in a position subject to this subchapter.”. (f) Amendment Relating to Grade and Pay Retention.— Section 5365(b) of title 5, United States Code, is amended by adding at the end, as a flush left sentence, the following: “Individuals with respect to whom authority under paragraph (2) may be exercised include individuals who are moved without a break in service of more than 3 days from employment in nonappropriated fund instrumentalities of the Department of Defense or the Coast Guard described in section 2105(c) to employment in the Department of Defense or the Coast Guard, respectively, that is not described in section 2105(c).”. (g) Amendment Relating to Pay for Accumulated and Accrued Leave.— Section 5551(a) of title 5, United States Code, is amended by adding at the end the following new sentence: “For the purposes of this subsection, movement to employment described in section 2105(c) shall not be deemed separation from the service in the case of an employee whose annual leave is transferred under section 6308(b).”. (h) Amendments Relating to Transfers Between Positions Under Different Leave Systems.— Section 6308 of title 5, United States Code, is amended— (1) by inserting “(a)” before “The annual”; and (2) by adding at the end the following: “(b) The annual leave, sick leave, and home leave to the credit of a nonappropriated fund employee of the Department of Defense or the Coast Guard described in section 2105(c) who moves without a break in service of more than 3 days to a position in the Department of Defense or the Coast Guard, respectively, that is subject to this subchapter shall be transferred to the employee’s credit. The annual leave, sick leave, and home leave to the credit of an employee of the Department of Defense or the Coast Guard who is subject to this subchapter and who moves without a break in service of more than 3 days to a position under a non appropriated fund instrumentality of the Department of Defense or the Coast Guard, respectively, described in section 2105(c), shall be transferred to the employee’s credit under the nonappropriated fund instrumentality. The Secretary of Defense or the Secretary of Transportation, as appropriate, may provide for a transfer of funds in an amount equal to the value of the transferred annual leave to compensate the gaining entity for the cost of a transfer of annual leave under this subsection.”. (i) Amendments to Include Additional Service for Leave Accrual Purposes.— (1) Section 6312 is amended to read as follows: “§ 6312. Accrual and accumulation for former ASCS county office and nonappropriated fund employees “(a) Credit shall be given in determining years of service for the purpose of section 6303(a) for— “(1) service as an employee of a county committee established pursuant to section 8(b) of the Soil Conservation and Allotment Act or of a committee or an association of producers described in section 10(b) of the Agricultural Adjustment Act; and “(2) service under a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard described in section 2105(c) by an employee who has moved without a break in service of more than 3 days to a position subject to this subchapter in the Department of Defense or the Coast Guard, respectively. “(b) The provisions of subsections (a) and (b) of section 6308 for transfer of leave between leave systems shall apply to the leave systems established for such county office employees and employees of such Department of Defense and Coast Guard non appropriated fund instrumentalities, respectively.”. (2) The item relating to section 6312 in the table of sections for chapter 63 of title 5, United States Code, is amended to read as follows: “6312. Accrual and accumulation for former ASCS county office and nonappropriated fund employees.”. (j) Amendments Relating to the Civil Service Retirement System.— (1) Section 8331 of title 5, United States Code, is amended— (A) by striking “and” at the end of paragraph (1)(J); (B) by inserting “and” after the semicolon at the end of paragraph (1)(K); (C) by inserting after paragraph (1)(K) the following “(L) an employee described in section 2105(c) who has made an election under section 8347(p)(D to remain covered under this subchapter;”; (D) in paragraph (1)(ii), by striking the matter following “Government employees” through the semicolon and inserting “(besides any employee excluded by clause (x), but including any employee who has made an election under section 8347(p)(2) to remain covered by a retirement system established for employees described in section 2105(c));”; and (E) in paragraph (7), by striking “and Gallaudet College;” and inserting “Gallaudet College, and, in the case of an employee described in paragraph (1)(L), a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard described in section 2105(c);”. (2) Section 8347 of title 5, United States Code, is amended by adding at the end the following: “(p) (1) Under regulations prescribed by the Office of Personnel Management, an employee of the Department of Defense or the Coast Guard who— “(A) has not previously made or had an opportunity to make an election under this subsection; “(B) has 5 or more years of civilian service creditable under this subchapter; and “(C) moves, without a break in service of more than 3 days, to employment in a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard, respectively, described in section 2105(c), shall be given the opportunity to elect irrevocably, within 30 days after such move, to remain covered as an employee under this subchapter during any employment described in section 2105(c) after such move. “(2) Under regulations prescribed by the Office of Personnel Management, an employee of a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard, described in section 2105(c), who— “(A) has not previously made or had an opportunity to make an election under this subsection; “(B) is a vested participant in a retirement system established for employees described in section 2105(c), as the term ‘vested participant’ is defined by such system; “(C) moves, without a break in service of more than 3 days, to a position in the Department of Defense or the Coast Guard, respectively, that is not described in section 2105(c); and “(D) is excluded from coverage under chapter 84 by section 8402(b), shall be given the opportunity to elect irrevocably, within 30 days after such move, to remain covered, during any subsequent employment as an employee as defined in section 2105(a) or section 2105(c), by the retirement system applicable to such employee’s current or most recent employment described in section 2105(c) rather than be subject to this subchapter.”. (k) Amendments Relating to the Federal Employees’ Retirement System.— (1) Section 8401 of title 5, United States Code, is amended— (A) in paragraph (11)— (i) by striking “and” at the end of subparagraph (A); (ii) by inserting “and” after the semicolon at the end of subparagraph (B); (iii) by inserting after subparagraph (B) the following: “(C) an employee described in section 2105(c) who has made an election under section 8461(n)(D to remain covered under this chapter;”; (iv) by striking “or” at the end of clause (ii); (v) by inserting “or” after the semicolon at the end of clause (iii); and (vi) by inserting after clause (iii) the following; “(iv) an employee who has made an election under section 8461(n)(2) to remain covered by a retirement system established for employees described in section 2105(c);”; and (B) in paragraph (15), by striking “and Gallaudet College;” and inserting “, Gallaudet College, and, in the case of an employee described in paragraph (H)(C), a non appropriated fund instrumentality of the Department of Defense or the Coast Guard described in section 2105(c);”. (2) Section 8461 of title 5, United States Code, is amended by adding at the end the following: “(n) (1) Under regulations prescribed by the Office, an employee of the Department of Defense or the Coast Guard who— “(A) has not previously made or had an opportunity to make an election under this subsection; “(B) has 5 or more years of civilian service creditable under this chapter; and “(C) moves, without a break in service of more than 3 days, to employment in a non appropriated fund instrumentality of the Department of Defense or the Coast Guard, respectively, described in section 2105(c), shall be given the opportunity to elect irrevocably, within 30 days after such move, to remain covered as an employee under this chapter during any employment described in section 2105(c) after such move. “(2) Under regulations prescribed by the Office, an employee of a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard described in section 2105(c), who— “(A) has not previously made or had an opportunity to make an election under this subsection; “(B) is a vested participant in a retirement system established for employees described in section 2105(c), as the term ‘vested participant’ is defined by such system; “(C) moves, without a break in service of more than 3 days, to a position in the Department of Defense or the Coast Guard, respectively, that is not described by section 2105(c); and “(D) is not eligible to make an election under section 8347(p), shall be given the opportunity to elect irrevocably, within 30 days after such move, to remain covered, during any subsequent employment as an employee as defined by section 2105(a) or section 2105(c), by the retirement system applicable to such employee’s current or most recent employment described by section 2105(c) rather than be subject to this chapter.”. (l) Amendments Relating to Health Benefits.-Section 890K3)(A) of title 5, United States Code, is amended— (1) by striking “or” at the end of clause (ii); (2) by inserting “or” after the semicolon at the end of clause (iii); and (3) by inserting after clause (iii) the following: “(iv) on an immediate annuity under a retirement system established for employees described in section 2105(c), in the case of an individual who elected under section 8347(p)(2) or 8461(n)(2) to remain subject to such a system;”. (m) Applicability.— (1) The amendments made by this section 5 USC 2105 note. shall apply with respect to any individual who, on or after January 1, 1987— (A) moves without a break in service of more than 3 days from employment in a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard that is described in section 2105(c) of title 5, United States Code, to employment in the Department of Defense or the Coast Guard, respectively, that is not described in such section 2105(c); or (B) moves without a break in service from employment in the Department of Defense or the Coast Guard that is not described in such section 2105(c) to employment in a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard, respectively, that is described in such section 2105(c). (2) The Secretary of Defense, the Secretary of Transportation, the Director of the Office of Personnel Management, and the Executive Director of the Federal Retirement Thrift Investment Board, as applicable, shall take such actions as may be practicable to ensure that each individual who has moved as described under paragraph (1) on or after January 1, 1987, and before the date of enactment of this Act, receives the benefit of the amendments made by this section as if such amendments had been in effect at the time such individual so moved. Each such individual who wishes to make an election of retirement coverage under the amendments made by subsection (j) or (k) of this section shall complete such election within 180 days after the date of enactment of this Act. (n) Clarifying Provisions Relating to Treatment of Individuals Electing to Remain Subject to Their Former Retirement System.— (1) For the purpose of this section, the term “nonappropriated fund instrumentality” means a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard, described in section 2105(c) of title 5, United States Code. (2) (A) If an individual makes an election under section 8347(p)(1) of title 5, United States Code, to remain covered by subchapter III of chapter 83 of such title, any nonappropriated fund instrumentality thereafter employing such individual shall deduct from such individual’s pay and contribute to the Thrift Savings Fund such sums as are required for such individual in accordance with section 8351 of such title. (B) Notwithstanding subsection (a) or (b) of section 8432 of title 5, United States Code, any individual who, as of the date of enactment of this Act, becomes eligible to make an election under section 8347(p)(D of such title may, within 30 days after such individual makes an election thereunder in accordance with subsection (m)(2), make any election described in section 8432(b)(1)(A) of such title. (3) (A) If an individual makes an election under section 8461(n)(1) of title 5, United States Code, to remain covered by chapter 84 of such title, any nonappropriated fund instrumentality thereafter employing such individual shall deduct from such individual’s pay and shall contribute to the Thrift Savings Fund the funds deducted, together with such other sums as are required for such individual under subchapter III of such chapter. (B) Notwithstanding subsection (a) or (b) of section 8432 of title 5, United States Code, any individual who, as of the date of enactment of this Act, becomes eligible to make an election under section 8461(n)(D of such title may, within 30 days after such individual makes an election thereunder in accordance with subsection (m)(2), make any election described in section 8432(b)(1)(A) of such title. (4) If an individual makes an election under section 8347(p)(2) or 8461(n)(2) of title 5, United States Code, to remain covered by a retirement system established for employees described in section 2105(c) of such title, any Government agency thereafter employing such individual shall, in lieu of any deductions or contributions for which it would otherwise be responsible with respect to such individual under chapter 83 or 84 of such title, make such deductions from pay and such contributions as would be required (under the retire-ment system for nonappropriated fund employees involved) if it were a non appropriated fund instrumentality. Any such deductions and contributions shall be remitted to the Department of Defense or the Coast Guard, as applicable, for transmission to the appropriate retirement system.
1992
Technical and Miscellaneous Civil Service Amendments Act of 1992
Pub. L. 102–378 § 2(75)(A) · 106 Stat. 1346
Substituted · 5 U.S.C. § 8901(3)(A)(iv)
Pub. L. 102–378, § 2(75)(A), substituted “8347(q)(2)” for “8347(p)(2)”
Source evidence
Code amendment note
Par. (3)(A)(iv). Pub. L. 102–378, § 2(75)(A), substituted “8347(q)(2)” for “8347(p)(2)”.
Enacted provision · exact public law section
(A) in paragraph (3)(A)(iv) by striking “section 8347(p)(2)” and inserting “section 8347(q)(2)”; and
Effective date note
Amendment by section 2(75)(A) of Pub. L. 102–378 effective Nov. 5, 1990, and amendment by section 2(75)(B) of Pub. L. 102–378 effective Oct. 2, 1992, see section 9(a), (b)(6) of Pub. L. 102–378, set out as a note under section 6303 of this title.
1992
Technical and Miscellaneous Civil Service Amendments Act of 1992
Pub. L. 102–378 § 2(75)(B) · 106 Stat. 1346
Inserted · 5 U.S.C. § 8901(10)(C)(ii)
Pub. L. 102–378, § 2(75)(B), inserted comma after “8341(h)”
Source evidence
Code amendment note
Par. (10)(C)(ii). Pub. L. 102–378, § 2(75)(B), inserted comma after “8341(h)”.
Enacted provision · exact public law section
(B) in paragraph (10)(C)(ii) by inserting a comma after “section 8341(h)”;
Effective date note
Amendment by section 2(75)(A) of Pub. L. 102–378 effective Nov. 5, 1990, and amendment by section 2(75)(B) of Pub. L. 102–378 effective Oct. 2, 1992, see section 9(a), (b)(6) of Pub. L. 102–378, set out as a note under section 6303 of this title.
1998
Federal Employees Health Care Protection Act of 1998
Pub. L. 105–266 § 3(a) · 112 Stat. 2363
Substituted · 5 U.S.C. § 8901(7)
Pub. L. 105–266 substituted “organization and an association of organizations or other entities described in this paragraph sponsoring a health benefits plan;” for “organization;”
Source evidence
Code amendment note
Par. (7). Pub. L. 105–266 substituted “organization and an association of organizations or other entities described in this paragraph sponsoring a health benefits plan;” for “organization;”.
Enacted provision · exact public law section
(a) Definition of a Carrier.— Paragraph (7) of section 8901 of title 5, United States Code, is amended by striking “organization;” and inserting “organization and an association of organizations or other entities described in this paragraph sponsoring a health benefits plan;”.
2007
Pub. L. 110–74 § 1 · 121 Stat. 723
Added · 5 U.S.C. § 8901(1)(J)
Pub. L. 110–74 added subpar. (J)
Source evidence
Code amendment note
Par. (1)(J). Pub. L. 110–74 added subpar. (J).
Enacted provision · exact public law section
SECTION 1. HEALTH INSURANCE. Section 8901(1) of title 5, United States Code, is amended— (1) in subparagraph (H), by striking “and” at the end; (2) in subparagraph (I), by inserting “and” after the semicolon; and (3) by inserting before the matter following subparagraph (I) the following: “(J) an individual who is employed by the Roosevelt Campobello International Park Commission and is a citizen of the United States,” .
2016
Edward ‘Ted’ Kaufman and Michael Leavitt Presidential Transitions Improvements Act of 2015
Pub. L. 114–136 § 2(c)(5) · 130 Stat. 301
Substituted · 5 U.S.C. § 8901(1)(I)
Pub. L. 114–136 substituted “section 5” for “section 4”
Source evidence
Code amendment note
Par. (1)(I). Pub. L. 114–136 substituted “section 5” for “section 4”.
Enacted provision · exact public law section
(5) Section 8901(1)(I) of title 5, United States Code, is amended by striking “section 4” and inserting “section 5”.

35 of 37 references resolved to an enrolled provision · 2 partial

Notes

historicalAndRevision

Historical and Revision Notes
1966 Act
Derivation	U.S. Code	Revised Statutes andStatutes at Large
	5 U.S.C. 3001.	Sept. 28, 1959, Pub. L. 86–382, § 2, 73 Stat. 709.July 8, 1963, Pub. L. 88–59, § 1, 77 Stat. 76.
		Mar. 17, 1964, Pub. L. 88–284, § 1(1)–(4), 78 Stat. 164.
		Aug. 31, 1964, Pub. L. 88–531, § 1, 78 Stat. 737.
	5 U.S.C. 3002(f) (1st sentence, less words between 1st and 2d commas).	July 1, 1960, Pub. L. 86–568, § 115(d) “(f) (1st sentence, less words between 1st and 2d commas)”, 74 Stat. 303.

The definition of “employee” in section 2105 of this title is broad enough to cover the officers and employees covered by former section 3001 with the exception of a Member of Congress, the President, an individual employed by the government of the District of Columbia, an individual employed by Gallaudet College, a United States commissioner, and an Official Reporter of Debates of the Senate and an individual employed by him. The first five have been added in paragraphs (1)(B), (D), (E), (F), and (G). The latter are covered by the definition of “Congressional employee” in section 2107 of this title and are included by the addition of a Congressional employee in paragraph (1)(C).

In paragraph (1)(ii), the words “the United States” are substituted for “a State of the United States or the District of Columbia”.

Paragraph (1)(iv) is added for clarity.

In paragraph (8), the words “before January 1, 1964” are substituted for “on or before December 31, 1963”.

The definition of “Commission” in former section 3001(h) is omitted as unnecessary as the full title “Civil Service Commission” is set forth the first time it is used in a section.

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

historicalAndRevision

1967 Act
Section of title 5	Source (U.S. Code)	Source (Statutes at Large)
8901(5)	5 App.: 3001(d).	July 18, 1966, Pub. L. 89–504, § 601, 80 Stat. 303.

Editorial Notes

References in Text

Section 1(b) of the Act of August 25, 1958 (72 Stat. 838), referred to in par. (1)(H), is section 1(b) of Pub. L. 85–745 which is set out as a note under section 102 of Title 3, The President.

Section 5 of the Presidential Transition Act of 1963, referred to in par. (1)(I), is section 5 of Pub. L. 88–277, which is set out as a note under section 102 of Title 3, The President.

The date of enactment of section 8903a of this title, referred to in par. (8)(B), means the date of enactment of Pub. L. 99–53, which enacted section 8903a and which was approved June 17, 1985.

Amendments1970–2016 · 14 rounds

2016

Par. (1)(I). Pub. L. 114–136 substituted “section 5” for “section 4”.

2007

Par. (1)(J). Pub. L. 110–74 added subpar. (J).

1998

Par. (7). Pub. L. 105–266 substituted “organization and an association of organizations or other entities described in this paragraph sponsoring a health benefits plan;” for “organization;”.

1992

Par. (3)(A)(iv). Pub. L. 102–378, § 2(75)(A), substituted “8347(q)(2)” for “8347(p)(2)”.

Par. (10)(C)(ii). Pub. L. 102–378, § 2(75)(B), inserted comma after “8341(h)”.

1990

Par. (3)(A)(iv). Pub. L. 101–508 added cl. (iv).

1988

Par. (1)(H), (I). Pub. L. 100–679 added subpars. (H) and (I).

1986

Par. (1)(E). Pub. L. 99–335, § 207(l)(1), amended subpar. (E) generally, substituting “first employed” for “employed” and inserting “before October 1, 1987”.

Par. (3)(A). Pub. L. 99–335, § 207(l)(2), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “an employee who retires on an immediate annuity under subchapter III of chapter 83 of this title or another retirement system for employees of the Government, after 5 or more years of service or for disability”.

Par. (3)(B). Pub. L. 99–556 inserted “(including a family member entitled to an amount under section 8442(b)(1)(A), whether or not such family member is entitled to an annuity under section 8442(b)(1)(B))”.

Par. (4). Pub. L. 99–335, § 207(l)(3), inserted “or chapter 84”.

Par. (10)(C)(i). Pub. L. 99–335, § 207(l)(4), inserted “or 8467”, “or 8445”, and “or the Federal Employees’ Retirement System”.

Par. (10)(C)(ii). Pub. L. 99–335, § 207(l)(5), substituted “8345(j), 8445, or 8467” for “or 8345(j)” and inserted “or the Federal Employees’ Retirement System” and “or 8417(b)”.

Par. (11). Pub. L. 99–251 added par. (11).

1985

Par. (8). Pub. L. 99–53 amended par. (8) generally, designating existing provisions as subpar. (A) and adding subpar. (B).

1984

Par. (10). Pub. L. 98–615 added par. (10).

1980

Par. (5). Pub. L. 96–179, § 2(1), inserted “dependent” after “unmarried” in provisions preceding subpar. (A) and in provisions following subpar. (B), inserted “or recognized natural child” after “child” in subpar. (A), and substituted “or foster child but only if the child;” for “, foster child, or recognized natural child who” in subpar. (B).

Par. (9). Pub. L. 96–179, § 2(2)–(4), added par. (9).

1979

Par. (1). Pub. L. 96–70 in cl. (ii) substituted provisions relating to an individual who was an employee for the purpose of this chapter on Sept. 30, 1979, by reason of service in an Executive agency, United States Postal Service, or Smithsonian Institution in area which was then known as Canal Zone for provisions relating to Panama Canal Zone.

Pub. L. 96–54 struck out cl. (G) which related to coverage of a United States Commissioner as an “employee”, and redesignated cl. (H) as (G).

1978

Par. (1)(iv). Pub. L. 95–454 substituted “Office of Personnel Management” for “Civil Service Commission”.

Par. (3)(A). Pub. L. 95–583 reduced period of service to 5 from 12 years.

Par. (8). Pub. L. 95–454 substituted “Office” for “Commission”.

Pub. L. 95–368 substituted “after December 31, 1978, and before January 1, 1980” for “before January 1, 1964”.

1973

Par. (1)(ii). Pub. L. 93–160 excluded from definition of “employee” persons who are not nationals of United States and whose permanent duty station is outside United States and Panama Canal Zone.

1970

Par. (1)(ii). Pub. L. 91–418, § 3(b), excluded from definition of “employee” a noncitizen employee whose permanent duty station is outside Panama Canal Zone.

Par. (3)(B). Pub. L. 91–418, § 2(a), redefined “annuitant” to be a member of a family who receives an immediate annuity as the survivor of an employee rather than as the survivor of an employee who dies after completing 5 or more years of service.

Par. (3)(D)(i). Pub. L. 91–418, § 2(b), redefined “annuitant” to be a member of a family who receives monthly compensation as the surviving beneficiary of an employee who dies as a result of a compensable injury or illness rather than as the survivor of an employee who, having completed 5 or more years of service, so dies.

Statutory Notes and Related Subsidiaries

Change of Name

Gallaudet College, referred to in par. (1)(F), was redesignated Gallaudet University by section 101(a) of Pub. L. 99–371, which is classified to section 4301(a) of Title 20, Education.

Effective Date of 1992 Amendment

Amendment by section 2(75)(A) of Pub. L. 102–378 effective Nov. 5, 1990, and amendment by section 2(75)(B) of Pub. L. 102–378 effective Oct. 2, 1992, see section 9(a), (b)(6) of Pub. L. 102–378, set out as a note under section 6303 of this title.

Effective Date of 1990 Amendment

Amendment by Pub. L. 101–508 applicable with respect to any individual who, on or after Jan. 1, 1987, moves from employment in nonappropriated fund instrumentality of Department of Defense or Coast Guard, that is described in section 2105(c) of this title, to employment in Department or Coast Guard, that is not described in section 2105(c), or who moves from employment in Department or Coast Guard, that is not described in section 2105(c), to employment in nonappropriated fund instrumentality of Department or Coast Guard, that is described in section 2105(c), see section 7202(m)(1) of Pub. L. 101–508, set out as a note under section 2105 of this title.

Effective Date of 1986 Amendments

Amendment by Pub. L. 99–335 effective Jan. 1, 1987, see section 702(a) of Pub. L. 99–335, set out as an Effective Date note under section 8401 of this title.

Pub. L. 99–251, title I, § 105(c), Feb. 27, 1986, 100 Stat. 15, provided that: “The amendments made by subsections (a) and (b) [amending this section and section 8902 of this title] shall be effective with respect to contracts entered into or renewed for calendar years beginning after December 31, 1986.”

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–615 effective May 7, 1985, with enumerated exceptions, and applicable to any individual who is married to an employee or annuitant on or after that date, see section 4(a)(2) of Pub. L. 98–615, as amended, set out as a note under section 8341 of this title.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–179 effective Jan. 2, 1980, except that no benefits under this chapter that are made available by reason of amendment of this section and section 8341 of this title by Pub. L. 96–179 shall be payable for any period before Oct. 1, 1979, see section 5(a) of Pub. L. 96–179, set out as a note under section 8341 of this title.

Effective Date of 1979 Amendments

Amendment by Pub. L. 96–70 effective Oct. 1, 1979, see section 3304 of Pub. L. 96–70, set out as an Effective Date note under section 3601 of Title 22, Foreign Relations and Intercourse.

Amendment by Pub. L. 96–54 effective July 12, 1979, see section 2(b) of Pub. L. 96–54, set out as a note under section 305 of this title.

Effective Date of 1978 Amendments

Amendment by Pub. L. 95–583 effective Nov. 2, 1978, see section 3 of Pub. L. 95–583, set out as a note under section 8706 of this title.

Amendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.

Short Title of 2000 Amendment

Pub. L. 106–394, § 1, Oct. 30, 2000, 114 Stat. 1629, provided that: “This Act [amending sections 8421a and 8905 of this title and enacting provisions set out as a note under section 8421a of this title] may be cited as the ‘Federal Employees Health Benefits Children’s Equity Act of 2000’.”

Short Title of 1998 Amendment

Pub. L. 105–266, § 1, Oct. 19, 1998, 112 Stat. 2363, provided that: “This Act [enacting section 8903b of this title, amending this section and sections 5948, 8902 to 8903, and 8909 of this title, and enacting provisions set out as notes under this section and sections 5948, 8902, 8902a, 8903b, and 8909 of this title] may be cited as the ‘Federal Employees Health Care Protection Act of 1998’.”

Short Title of 1988 Amendment

Pub. L. 100–654, § 1, Nov. 14, 1988, 102 Stat. 3837, provided that: “This Act [enacting sections 8440a, 8902a, 8905a, and 8906a of this title, amending sections 8902, 8903, 8905, 8909, and 8913 of this title, and enacting provisions set out as notes under sections 8902, 8902a, and 8906a of this title] may be cited as the ‘Federal Employees Health Benefits Amendments Act of 1988’.”

Short Title of 1986 Amendment

Pub. L. 99–251, § 1, Feb. 27, 1986, 100 Stat. 14, provided that: “This Act [amending this section, sections 1103, 3502, 5334, 5924, 6312, 8332, 8339 to 8342, 8345, 8902, 8903, 8905, and 8909 of this title, and section 35 of Title 24, Hospitals and Asylums, enacting provisions set out as notes under this section and sections 7901, 8339, 8341, 8345, 8902, 8904, 8905, and 8909 of this title, and amending provisions set out as notes under sections 8341 and 8902 of this title] may be cited as the ‘Federal Employees Benefits Improvement Act of 1986’.”

Continuation of Health Benefits Coverage for Individuals Enrolled in a Plan Administered by the Overseas Private Investment Corporation

Pub. L. 107–304, § 4, Nov. 27, 2002, 116 Stat. 2364, provided that:

“(a)
Enrollment in Chapter 89 Plan.—
For purposes of the administration of chapter 89 of title 5, United States Code, any period of enrollment under a health benefits plan administered by the Overseas Private Investment Corporation [now the United States International Development Finance Corporation] before the effective date of this Act [probably means Nov. 27, 2002, the date of enactment of Pub. L. 107–304] shall be deemed to be a period of enrollment in a health benefits plan under chapter 89 of such title.
#
“(b)
Continued Coverage.—
“(1)
In general.—
Any individual who, as of the enrollment eligibility date, is covered by a health benefits plan administered by the Overseas Private Investment Corporation may enroll in an approved health benefits plan described under section 8903 or 8903a of title 5, United States Code—
“(A)
either as an individual or for self and family, if such individual is an employee, annuitant, or former spouse as defined under section 8901 of such title; and
#
“(B)
for coverage effective on and after such date.
#
#
“(2)
Individuals currently under continued coverage.—
An individual who, as of the enrollment eligibility date, is entitled to continued coverage under a health benefits plan administered by the Overseas Private Investment Corporation—
“(A)
shall be deemed to be entitled to continued coverage under section 8905a of title 5, United States Code, for the same period that would have been permitted under the plan administered by the Overseas Private Investment Corporation; and
#
“(B)
may enroll in an approved health benefits plan described under section 8903 or 8903a of such title in accordance with section 8905a of such title for coverage effective on and after such date.
#
#
“(3)
Unmarried dependent children.—
An individual who, as of the enrollment eligibility date, is covered as an unmarried dependent child under a health benefits plan administered by the Overseas Private Investment Corporation and who is not a member of family as defined under section 8901(5) of title 5, United States Code—
“(A)
shall be deemed to be entitled to continued coverage under section 8905a of such title as though the individual had ceased to meet the requirements for being considered an unmarried dependent child under chapter 89 of such title as of such date; and
#
“(B)
may enroll in an approved health benefits plan described under section 8903 or 8903a of such title in accordance with section 8905a for continued coverage effective on and after such date.
#
#
#
“(c)
Transfers to the Employees Health Benefits Fund.—
“(1)
In general.—
The Overseas Private Investment Corporation [now the United States International Development Finance Corporation] shall transfer to the Employees Health Benefits Fund established under section 8909 of title 5, United States Code, amounts determined by the Director of the Office of Personnel Management, after consultation with the Overseas Private Investment Corporation, to be necessary to reimburse the Fund for the cost of providing benefits under this section not otherwise paid for by the individuals covered by this section.
#
“(2)
Availability of funds.—
The amounts transferred under paragraph (1) shall be held in the Fund and used by the Office in addition to amounts available under section 8906(g)(1) of title 5, United States Code.
#
#
“(d)
Administration and Regulations.—
The Office of Personnel Management—
“(1)
shall administer this section to provide for—
“(A)
a period of notice and open enrollment for individuals affected by this section; and
#
“(B)
no lapse of health coverage for individuals who enroll in a health benefits plan under chapter 89 of title 5, United States Code, in accordance with this section; and
#
#
“(2)
may prescribe regulations to implement this section.
#
#
“(e)
Enrollment Eligibility Date.—
For purposes of this section, the term ‘enrollment eligibility date’ means the last day on which coverage under a health benefits plan administered by the Overseas Private Investment Corporation is available. Such date shall be determined by the Office of Personnel Management in consultation with the Overseas Private Investment Corporation.”
#

Continued Coverage for Individuals Enrolled in Plan Administered by Federal Deposit Insurance Corporation or for Employees of Board of Governors of Federal Reserve System

Pub. L. 105–266, § 4, Oct. 19, 1998, 112 Stat. 2367, provided that:

“(a)
Enrollment in Chapter 89 Plan.—
For purposes of chapter 89 of title 5, United States Code, any period of enrollment—
“(1)
in a health benefits plan administered by the Federal Deposit Insurance Corporation before the termination of such plan on or before January 2, 1999; or
#
“(2)
subject to subsection (c), in a health benefits plan (not under chapter 89 of such title) with respect to which the eligibility of any employees or retired employees of the Board of Governors of the Federal Reserve System terminates on or before January 2, 1999,
#
shall be deemed to be a period of enrollment in a health benefits plan under chapter 89 of such title.
#
“(b)
Continued Coverage.—
(1)
Subject to subsection (c), any individual who, on or before January 2, 1999, is enrolled in a health benefits plan described in subsection (a)(1) or (2) may enroll in an approved health benefits plan under chapter 89 of title 5, United States Code, either as an individual or for self and family, if, after taking into account the provisions of subsection (a), such individual—
“(A)
meets the requirements of such chapter for eligibility to become so enrolled as an employee, annuitant, or former spouse (within the meaning of such chapter); or
#
“(B)
would meet those requirements if, to the extent such requirements involve either retirement system under such title 5, such individual satisfies similar requirements or provisions of the Retirement Plan for Employees of the Federal Reserve System.
#
Any determination under subparagraph (B) shall be made under guidelines which the Office of Personnel Management shall establish in consultation with the Board of Governors of the Federal Reserve System.
#
“(2)
Subject to subsection (c), any individual who, on or before January 2, 1999, is entitled to continued coverage under a health benefits plan described in subsection (a)(1) or (2) shall be deemed to be entitled to continued coverage under section 8905a of title 5, United States Code, but only for the same remaining period as would have been allowable under the health benefits plan in which such individual was enrolled on or before January 2, 1999, if—
“(A)
such individual had remained enrolled in such plan; and
#
“(B)
such plan did not terminate, or the eligibility of such individual with respect to such plan did not terminate, as described in subsection (a).
#
#
“(3)
Subject to subsection (c), any individual (other than an individual under paragraph (2)) who, on or before January 2, 1999, is covered under a health benefits plan described in subsection (a)(1) or (2) as an unmarried dependent child, but who does not then qualify for coverage under chapter 89 of title 5, United States Code, as a family member (within the meaning of such chapter) shall be deemed to be entitled to continued coverage under section 8905a of such title, to the same extent and in the same manner as if such individual had, on or before January 2, 1999, ceased to meet the requirements for being considered an unmarried dependent child of an enrollee under such chapter.
#
“(4)
Coverage under chapter 89 of title 5, United States Code, pursuant to an enrollment under this section shall become effective on January 3, 1999 or such earlier date as established by the Office of Personnel Management after consultation with the Federal Deposit Insurance Corporation or the Board of Governors of the Federal Reserve System, as appropriate.
#
#
“(c)
Eligibility for FEHBP Limited to Individuals Losing Eligibility Under Former Health Plan.—
Nothing in subsection (a)(2) or any paragraph of subsection (b) (to the extent such paragraph relates to the plan described in subsection (a)(2)) shall be considered to apply with respect to any individual whose eligibility for coverage under such plan does not involuntarily terminate on or before January 2, 1999.
#
“(d)
Transfers to the Employees Health Benefits Fund.—
The Federal Deposit Insurance Corporation and the Board of Governors of the Federal Reserve System shall transfer to the Employees Health Benefits Fund under section 8909 of title 5, United States Code, amounts determined by the Director of the Office of Personnel Management, after consultation with the Federal Deposit Insurance Corporation and the Board of Governors of the Federal Reserve System, to be necessary to reimburse the Fund for the cost of providing benefits under this section not otherwise paid for by the individuals covered by this section. The amounts so transferred shall be held in the Fund and used by the Office of Personnel Management in addition to amounts available under section 8906(g)(1) of such title.
#
“(e)
Administration and Regulations.—
The Office of Personnel Management—
“(1)
shall administer the provisions of this section to provide for—
“(A)
a period of notice and open enrollment for individuals affected by this section; and
#
“(B)
no lapse of health coverage for individuals who enroll in a health benefits plan under chapter 89 of title 5, United States Code, in accordance with this section; and
#
#
“(2)
may prescribe regulations to implement this section.”
#
#

Continued Coverage for Individuals Enrolled in Plan Administered by Farm Credit Administration

Pub. L. 104–37, title VI, § 601, Oct. 21, 1995, 109 Stat. 328, provided that:

“(a)
For purposes of the administration of chapter 89 of title 5, United States Code, any period of enrollment under a health benefits plan administered by the Farm Credit Administration prior to the effective date of this Act [Oct. 21, 1995] shall be deemed to be a period of enrollment in a health benefits plan under chapter 89 of such title.
#
“(b)
(1)
An individual who, on September 30, 1995, is covered by a health benefits plan administered by the Farm Credit Administration may enroll in an approved health benefits plan described under section 8903 or 8903a of title 5, United States Code—
“(A)
either as an individual or for self and family, if such individual is an employee, annuitant, or former spouse as defined under section 8901 of such title; and
#
“(B)
for coverage effective on and after September 30, 1995.
#
#
“(2)
An individual who, on September 30, 1995, is entitled to continued coverage under a health benefits plan administered by the Farm Credit Administration—
“(A)
shall be deemed to be entitled to continued coverage under section 8905a of title 5, United States Code, for the same period that would have been permitted under the plan administered by the Farm Credit Administration; and
#
“(B)
may enroll in an approved health benefits plan described under sections 8903 or 8903a of such title in accordance with section 8905A of such title for coverage effective on and after September 30, 1995.
#
#
“(3)
An individual who, on September 30, 1995, is covered as an unmarried dependent child under a health benefits plan administered by the Farm Credit Administration and who is not a member of family as defined under section 8901(5) of title 5, United States Code—
“(A)
shall be deemed to be entitled to continued coverage under section 8905a of such title as though the individual had, on September 30, 1995, ceased to meet the requirements for being considered an unmarried dependent child under chapter 89 of such title; and
#
“(B)
may enroll in an approved health benefits plan described under section 8903 or 8903a of such title in accordance with section 8905a for continued coverage on and after September 30, 1995.
#
#
#
“(c)
The Farm Credit Administration shall transfer to the Federal Employees Health Benefits Fund established under section 8909 of title 5, United States Code, amounts determined by the Director of the Office of Personnel Management, after consultation with the Farm Credit Administration, to be necessary to reimburse the Fund for the cost of providing benefits under this section not otherwise paid for by the individuals covered by this section. The amount so transferred shall be held in the Fund and used by the Office in addition to the amounts available under section 8906(g)(1) of such title.
#
“(d)
The Office of Personnel Management—
“(1)
shall administer the provisions of this section to provide for—
“(A)
a period of notice and open enrollment for individuals affected by this section; and
#
“(B)
no lapse of health coverage for individuals who enroll in a health benefits plan under chapter 89 of title 5, United States Code, in accordance with this section; and
#
#
“(2)
may prescribe regulations to implement this section.”
#
#

Continued Coverage for Individuals Enrolled in Plan Administered by Office of the Comptroller of the Currency or Office of Thrift Supervision

Pub. L. 103–409, § 5, Oct. 25, 1994, 108 Stat. 4232, provided that:

“(a)
Enrollment in Chapter 89 Plan.—
For purposes of the administration of chapter 89 of title 5, United States Code, any period of enrollment under a health benefits plan administered by the Office of the Comptroller of the Currency or the Office of Thrift Supervision before the termination of such plans on January 7, 1995, shall be deemed to be a period of enrollment in a health benefits plan under chapter 89 of such title.
#
“(b)
Continued Coverage.—
(1)
Any individual who, on January 7, 1995, is covered by a health benefits plan administered by the Office of the Comptroller of the Currency or the Office of Thrift Supervision may enroll in an approved health benefits plan described under section 8903 or 8903a of title 5, United States Code—
“(A)
either as an individual or for self and family, if such individual is an employee, annuitant, or former spouse as defined under section 8901 of such title; and
#
“(B)
for coverage effective on and after January 8, 1995.
#
#
“(2)
An individual who, on January 7, 1995, is entitled to continued coverage under a health benefits plan administered by the Office of the Comptroller of the Currency or the Office of Thrift Supervision—
“(A)
shall be deemed to be entitled to continued coverage under section 8905a of title 5, United States Code, for the same period that would have been permitted under the plan administered by the Office of the Comptroller of the Currency or the Office of Thrift Supervision; and
#
“(B)
may enroll in an approved health benefits plan described under section 8903 or 8903a of such title in accordance with section 8905a of such title for coverage effective on and after January 8, 1995.
#
#
“(3)
An individual who, on January 7, 1995, is covered as an unmarried dependent child under a health benefits plan administered by the Office of the Comptroller of the Currency or the Office of Thrift Supervision and who is not a member of family as defined under section 8901(5) of title 5, United States Code—
“(A)
shall be deemed to be entitled to continued coverage under section 8905a of such title as though the individual had, on January 7, 1995, ceased to meet the requirements for being considered an unmarried dependent child under chapter 89 of such title; and
#
“(B)
may enroll in an approved health benefits plan described under section 8903 or 8903a of such title in accordance with section 8905a for continued coverage effective on and after January 8, 1995.
#
#
#
“(c)
Transfers to the Employees Health Benefits Fund.—
The Office of the Comptroller of the Currency and the Office of Thrift Supervision shall transfer to the Employees Health Benefits Fund established under section 8909 of title 5, United States Code, amounts determined by the Director of the Office of Personnel Management, after consultation with the Office of the Comptroller of the Currency and the Office of Thrift Supervision, to be necessary to reimburse the Fund for the cost of providing benefits under this section not otherwise paid for by the individuals covered by this section. The amounts so transferred shall be held in the Fund and used by the Office in addition to amounts available under section 8906(g)(1) of such title.
#
“(d)
Administration and Regulations.—
The Office of Personnel Management—
“(1)
shall administer the provisions of this section to provide for—
“(A)
a period of notice and open enrollment for individuals affected by this section; and
#
“(B)
no lapse of health coverage for individuals who enroll in a health benefits plan under chapter 89 of title 5, United States Code, in accordance with this section; and
#
#
“(2)
may prescribe regulations to implement this section.”
#
#

Continued Coverage Under Certain Federal Employee Benefit Programs for Certain Employees of Saint Elizabeths Hospital

For provisions relating to treatment of certain Federal employees of Saint Elizabeths Hospital under certain Federal employee benefit programs, see section 207(o) of Pub. L. 99–335, set out as a note under section 8331 of this title.

Credits

1966–2016 · 21 acts

1966Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 600
1967Pub. L. 90–83, § 1(95), Sept. 11, 1967, 81 Stat. 219
1970Pub. L. 91–418, §§ 2, 3(b), Sept. 25, 1970, 84 Stat. 869
1973Pub. L. 93–160, § 1(b), Nov. 27, 1973, 87 Stat. 635
1978Pub. L. 95–368, § 2, Sept. 17, 1978, 92 Stat. 606
1978Pub. L. 95–454, title IX, § 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224
1978Pub. L. 95–583, § 2, Nov. 2, 1978, 92 Stat. 2482
1979Pub. L. 96–54, § 2(a)(52), Aug. 14, 1979, 93 Stat. 384
1979Pub. L. 96–70, title I, § 1209(c), Sept. 27, 1979, 93 Stat. 463
1980Pub. L. 96–179, § 2, Jan. 2, 1980, 93 Stat. 1299
1984Pub. L. 98–615, § 3(1), Nov. 8, 1984, 98 Stat. 3202
1985Pub. L. 99–53, § 1(a), June 17, 1985, 99 Stat. 93
1986Pub. L. 99–251, title I, § 105(a), Feb. 27, 1986, 100 Stat. 15
1986Pub. L. 99–335, title II, § 207(l), June 6, 1986, 100 Stat. 598
1986Pub. L. 99–556, title V, § 503, Oct. 27, 1986, 100 Stat. 3141
1988Pub. L. 100–679, § 13(c), Nov. 17, 1988, 102 Stat. 4071
1990Pub. L. 101–508, title VII, § 7202(l), Nov. 5, 1990, 104 Stat. 1388–339
1992Pub. L. 102–378, § 2(75), Oct. 2, 1992, 106 Stat. 1355
1998Pub. L. 105–266, § 3(a), Oct. 19, 1998, 112 Stat. 2366
2007Pub. L. 110–74, § 1, Aug. 9, 2007, 121 Stat. 723
2016Pub. L. 114–136, § 2(c)(5), Mar. 18, 2016, 130 Stat. 305.

Show as published

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 600; Pub. L. 90–83, § 1(95), Sept. 11, 1967, 81 Stat. 219; Pub. L. 91–418, §§ 2, 3(b), Sept. 25, 1970, 84 Stat. 869; Pub. L. 93–160, § 1(b), Nov. 27, 1973, 87 Stat. 635; Pub. L. 95–368, § 2, Sept. 17, 1978, 92 Stat. 606; Pub. L. 95–454, title IX, § 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 95–583, § 2, Nov. 2, 1978, 92 Stat. 2482; Pub. L. 96–54, § 2(a)(52), Aug. 14, 1979, 93 Stat. 384; Pub. L. 96–70, title I, § 1209(c), Sept. 27, 1979, 93 Stat. 463; Pub. L. 96–179, § 2, Jan. 2, 1980, 93 Stat. 1299; Pub. L. 98–615, § 3(1), Nov. 8, 1984, 98 Stat. 3202; Pub. L. 99–53, § 1(a), June 17, 1985, 99 Stat. 93; Pub. L. 99–251, title I, § 105(a), Feb. 27, 1986, 100 Stat. 15; Pub. L. 99–335, title II, § 207(l), June 6, 1986, 100 Stat. 598; Pub. L. 99–556, title V, § 503, Oct. 27, 1986, 100 Stat. 3141; Pub. L. 100–679, § 13(c), Nov. 17, 1988, 102 Stat. 4071; Pub. L. 101–508, title VII, § 7202(l), Nov. 5, 1990, 104 Stat. 1388–339; Pub. L. 102–378, § 2(75), Oct. 2, 1992, 106 Stat. 1355; Pub. L. 105–266, § 3(a), Oct. 19, 1998, 112 Stat. 2366; Pub. L. 110–74, § 1, Aug. 9, 2007, 121 Stat. 723; Pub. L. 114–136, § 2(c)(5), Mar. 18, 2016, 130 Stat. 305.)