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U.S. Code as of:
01/03/05
Section 8701. Definitions
(a) For the purpose of this chapter, "employee" means -
(1) an employee as defined by section 2105 of this title;
(2) a Member of Congress as defined by section 2106 of this
title;
(3) a Congressional employee as defined by section 2107 of this
title;
(4) the President;
(5) a justice or judge of the United States appointed to hold
office during good behavior (i) who is in regular active judicial
service, or (ii) who is retired from regular active service under
section 371(b) or 372(a) of title 28, United States Code, or
(iii) who has resigned the judicial office under section 371(a)
of title 28 with the continued right during the remainder of his
lifetime to receive the salary of the office at the time of his
resignation;
(6) an individual first employed by the government of the
District of Columbia before October 1, 1987;
(7) an individual employed by Gallaudet College; (!1)
(8) an individual employed by a county committee established
under section 590h(b) of title 16;
(9) 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); and
(10) 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 paragraph of this subsection;
but does not include -
(A) an employee of a corporation supervised by the Farm Credit
Administration if private interests elect or appoint a member of
the board of directors;
(B) 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; or
(C) an employee excluded by regulation of the Office of
Personnel Management under section 8716(b) of this title.
(b) Notwithstanding subsection (a) of this section, the
employment of a teacher in the recess period between two school
years in a position other than a teaching position in which he
served immediately before the recess period does not qualify the
individual as an employee for the purpose of this chapter. For the
purpose of this subsection, "teacher" and "teaching position" have
the meanings given them by section 901 of title 20.
(c) For the purpose of this chapter, "basic insurance amount"
means, in the case of any employee under this chapter, an amount
equal to the greater of -
(1) the annual rate of basic pay payable to the employee,
rounded to the next higher multiple of $1,000, plus $2,000, or
(2) $10,000.
In the case of any former employee entitled to coverage under this
chapter, the term means the basic insurance amount applicable for
the employee at the time the insurance to which the employee is
entitled as an employee under this chapter stops pursuant to
section 8706(a) of this title.
(d)(1) For the purpose of this chapter, "family member", when
used with respect to any individual, means -
(A) the spouse of the individual; and
(B) an unmarried dependent child of the individual (other than
a stillborn child), including an adopted child, stepchild or
foster child (but only if the stepchild or foster child lived
with the individual in a regular parent-child relationship), or
recognized natural child -
(i) who is less than 22 years of age, or
(ii) who is 22 years of age or older and is incapable of
self-support because of a mental or physical disability which
existed before the child became 22 years of age.
(2) For the purpose of this subsection, "dependent", in the case
of any child, means that the individual involved was, at the time
of the child's death, either living with or contributing to the
support of the child, as determined in accordance with the
regulations the Office shall prescribe.
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