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U.S. Code as of:
01/03/05
Section 8705. Death claims; order of precedence; escheat
(a) Except as provided in subsection (e), the amount of group
life insurance and group accidental death insurance in force on an
employee at the date of his death shall be paid, on the
establishment of a valid claim, to the person or persons surviving
at the date of his death, in the following order of precedence:
First, to the beneficiary or beneficiaries designated by the
employee in a signed and witnessed writing received before death
in the employing office or, if insured because of receipt of
annuity or of benefits under subchapter I of chapter 81 of this
title as provided by section 8706(b) of this title, in the Office
of Personnel Management. For this purpose, a designation, change,
or cancellation of beneficiary in a will or other document not so
executed and filed has no force or effect.
Second, if there is no designated beneficiary, to the widow or
widower of the employee.
Third, if none of the above, to the child or children of the
employee and descendants of deceased children by representation.
Fourth, if none of the above, to the parents of the employee or
the survivor of them.
Fifth, if none of the above, to the duly appointed executor or
administrator of the estate of the employee.
Sixth, if none of the above, to other next of kin of the
employee entitled under the laws of the domicile of the employee
at the date of his death.
(b) If, within 1 year after the death of the employee, no claim
for payment has been filed by a person entitled under the order of
precedence named by subsection (a) of this section, or if payment
to the person within that period is prohibited by Federal statute
or regulation, payment may be made in the order of precedence as if
the person had predeceased the employee, and the payment bars
recovery by any other person.
(c) If, within 2 years after the death of the employee, no claim
for payment has been filed by a person entitled under the order of
precedence named by subsection (a) of this section, and neither the
Office nor the administrative office established by the company
concerned pursuant to section 8709(b) of this title has received
notice that such a claim will be made, payment may be made to the
claimant who in the judgment of the Office is equitably entitled
thereto, and the payment bars recovery by any other person.
(d) If, within 4 years after the death of the employee, payment
has not been made under this section and no claim for payment by a
person entitled under this section is pending, the amount payable
escheats to the credit of the Employees' Life Insurance Fund.
(e)(1) Any amount which would otherwise be paid to a person
determined under the order of precedence named by subsection (a)
shall be paid (in whole or in part) by the Office to another person
if and to the extent expressly provided for in the terms of any
court decree of divorce, annulment, or legal separation, or the
terms of any court order or court-approved property settlement
agreement incident to any court decree of divorce, annulment, or
legal separation.
(2) For purposes of this subsection, a decree, order, or
agreement referred to in paragraph (1) shall not be effective
unless it is received, before the date of the covered employee's
death, by the employing agency or, if the employee has separated
from service, by the Office.
(3) A designation under this subsection with respect to any
person may not be changed except -
(A) with the written consent of such person, if received as
described in paragraph (2); or
(B) by modification of the decree, order, or agreement, as the
case may be, if received as described in paragraph (2).
(4) The Office shall prescribe any regulations necessary to carry
out this subsection, including regulations for the application of
this subsection in the event that two or more decrees, orders, or
agreements, are received with respect to the same amount.
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