Laws: Cases and Codes : U.S. Code : Title 5 : Section 8714a


   
U.S. Code as of: 01/03/05
Section 8714a. Optional insurance

      (a) Under the conditions, directives, and terms specified in
    sections 8709-8712 of this title, the Office of Personnel
    Management, without regard to section 5 of title 41, may purchase a
    policy which shall make available to each insured employee equal
    amounts of optional life insurance and accidental death and
    dismemberment insurance in addition to the amounts provided in
    section 8704(a) of this title.
      (b) The optional life insurance and accidental death and
    dismemberment insurance shall be made available to each insured
    employee under such conditions as the Office shall prescribe and in
    amounts approved by the Office but not more than the greater of
    $10,000 or an amount which, when added to the amount provided in
    section 8704(a) of this title, makes the sum of his insurance equal
    to his annual pay.
      (c)(1) Except as otherwise provided in this subsection, the
    optional 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.
      (2)(A) In the case of any employee who retires on an immediate
    annuity and has been insured under this section throughout - 
        (i) the 5 years of service immediately preceding the date of
      such retirement, or
        (ii) the full period or periods of service during which the
      employee was entitled to be insured, if less than 5 years,

    the amount of optional life insurance only which has been in force
    throughout such period may be continued, under conditions
    determined by the Office.
      (B) In the case of any employee who becomes entitled to receive
    compensation under subchapter I of chapter 81 of this title because
    of disease or injury to the employee and has been insured under
    this section throughout - 
        (i) the 5 years of service immediately preceding the date such
      employee becomes entitled to such compensation, or
        (ii) the full period or periods of service during which the
      employee was entitled to be insured, if less than 5 years,

    the amount of optional life insurance only which has been in force
    throughout such period may be continued, under conditions
    determined by the Office, during the period the employee is
    receiving such compensation for disease or injury and is held by
    the Secretary of Labor or his delegate to be unable to return to
    duty.
      (C) The amount of optional life insurance continued under
    subparagraph (A) or subparagraph (B) of this paragraph shall be
    reduced by 2 percent at the end of each full calendar month after
    the date the employee becomes 65 years of age and is retired or is
    receiving compensation for disease or injury. The Office shall
    prescribe minimum amounts, not less than 25 percent of the amount
    of life insurance in force before the first reduction, to which the
    insurance may be reduced.
      (3) Notwithstanding paragraph (c)(1) of this section,(!1) a
    justice or judge of the United States as defined by section
    8701(a)(5) of this title who resigns his office without meeting the
    requirements of section 371(a) of title 28, United States Code, for
    continuation of the judicial salary shall have the right to convert
    regular optional life insurance coverage issued under this section
    during his judicial service to an individual policy of life
    insurance under the same conditions approved by the Office
    governing conversion of basic life insurance coverage for employees
    eligible as provided in section 8706(a) of this title.

      (d)(1) During each period in which an employee has the optional
    insurance the full cost thereof shall be withheld from his pay.
    During each period in which an employee continues optional life
    insurance after retirement or while in receipt of compensation for
    work injuries, as provided in section 8706(b) of this title, the
    full cost thereof shall be withheld from his annuity or
    compensation, except that, at the end of the calendar month in
    which he becomes 65 years of age, the optional life insurance shall
    be without cost to him. Amounts so withheld shall be deposited,
    used, and invested as provided in section 8714 of this title and
    shall be reported and accounted for separately from amounts
    withheld and contributed under sections 8707 and 8708 of this
    title.
      (2) If an agency fails to withhold the proper cost of optional
    insurance from an individual's salary, compensation, or retirement
    annuity, the collection of amounts properly due may be waived by
    the agency if, in the judgment of the agency, the individual is
    without fault and recovery would be against equity and good
    conscience. However, if the agency so waives the collection of any
    unpaid amount, the agency shall submit an amount equal to the
    uncollected amount to the Office for deposit to the Employees' Life
    Insurance Fund.
      (3) Notwithstanding paragraph (1), an employee who is subject to
    withholdings under this subsection and whose pay, annuity, or
    compensation is insufficient to cover such withholdings may
    nevertheless continue optional insurance if the employee arranges
    to pay currently into the Employees' Life Insurance Fund, through
    the agency or retirement system which administers pay, annuity, or
    compensation, an amount equal to the withholdings that would
    otherwise be required under this subsection.
      (e) The cost of the optional insurance shall be determined from
    time to time by the Office on the basis of such age groups as it
    considers appropriate.
      (f) The amount of optional life, or life and accidental death,
    insurance in force on an employee at the date of his death shall be
    paid as provided in section 8705 of this title.



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