
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC8701]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart G--Insurance and Annuities
 
                       CHAPTER 87--LIFE INSURANCE
 
Sec. 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\
---------------------------------------------------------------------------
    \1\ See Change of Name note below.
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        (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.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 592; Pub. L. 91-418, Sec. 3(a), 
Sept. 25, 1970, 84 Stat. 869; Pub. L. 93-160, Sec. 1(a), Nov. 27, 1973, 
87 Stat. 635; Pub. L. 95-454, title IX, Sec. 906(a)(2), Oct. 13, 1978, 
92 Stat. 1224; Pub. L. 96-54, Sec. 2(a)(51), Aug. 14, 1979, 93 Stat. 
384; Pub. L. 96-70, title I, Sec. 1209(b), Sept. 27, 1979, 93 Stat. 463; 
Pub. L. 96-427, Secs. 2(a), 8(b), Oct. 10, 1980, 94 Stat. 1831, 1837; 
Pub. L. 98-353, title II, Sec. 205, July 10, 1984, 98 Stat. 350; Pub. L. 
99-335, title II, Sec. 207(k)(1), June 6, 1986, 100 Stat. 597; Pub. L. 
100-679, Sec. 13(b), Nov. 17, 1988, 102 Stat. 4071; Pub. L. 105-311, 
Secs. 3(1), 4, Oct. 30, 1998, 112 Stat. 2950.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
(a)................  2 U.S.C. 126.                 Sept. 1, 1954, ch.
                                                    1208, Sec.  603, 68
                                                    Stat. 1116.
                     5 U.S.C. 2091(a) (1st         Aug. 17, 1954, ch.
                      sentence, less words          752, Sec.  2(a) (1st
                      between 6th and 7th           sentence, less words
                      commas), (b), (d) (1st        between 6th and 7th
                      sentence, less words          commas), (b), 68
                      between 1st and 2d commas).   Stat. 736.
                                                   Aug. 1, 1956, ch.
                                                    837, Sec.  501(c)(1)
                                                    (as applicable to
                                                    Sec.  2 (b)), 70
                                                    Stat. 882.
                                                   Aug. 2, 1956, ch.
                                                    901, Sec.  1, 70
                                                    Stat. 955.
                                                   July 1, 1960, Pub. L.
                                                    86-568, Sec.  115(c)
                                                    ``(d) (1st sentence,
                                                    less words between
                                                    1st and 2d
                                                    commas)''. 74 Stat.
                                                    302.
                     ............................  Aug. 31, 1964, Pub.
                                                    L. 88-531 Sec.  2,
                                                    78 Stat. 737.
                     [Uncodified].                 Aug. 25, 1958, Pub.
                                                    L. 85-745, Sec.
                                                    1(b) (last sentence,
                                                    as applicable to the
                                                    Federal Employees'
                                                    Group Life Insurance
                                                    Act of 1954), 72
                                                    Stat. 838.
(b)................  5 U.S.C. 2358(c) (less        July 17, 1959, Pub.
                      applicability to the Civil    L. 86-91, Sec.
                      Service Retirement Act).      10(c) (less
                                                    applicability to the
                                                    Civil Service
                                                    Retirement Act), 73
                                                    Stat. 217.
------------------------------------------------------------------------

    The definition of ``Congressional employee'' in section 2107 of this 
title includes an Official Reporter of Debates of the Senate and an 
individual employed by an Official Reporter of Debates of the Senate so 
that the inclusion of ``a Congressional employee'' in subsection (a)(3) 
provides the coverage for those individuals which was given by former 
section 126 of title 2.
    The definition of ``employee'' in section 2105 of this title is 
broad enough to cover the officers and employees set out in former 
section 2091(a) with the exception of Members of Congress, the 
President, individuals employed either by the government of the District 
of Columbia or by Gallaudet College, and United States commissioners. 
Accordingly, these have been added specifically in paragraphs (2), (4), 
(5), (6), and (7).
    In subsection (a) (B), the words ``United States'' are substituted 
for ``a State of the United States or the District of Columbia''.
    Subsection (a)(C) is added for clarity.
    In subsection (b), the last sentence is added on authority of former 
section 2351, which section is scheduled for transfer to section 901 of 
title 20.
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.

                       References in Text

    Act of August 25, 1958 (72 Stat. 838), referred to in subsec. 
(a)(9), is Pub. L. 85-745 and is set out as a note under section 102 of 
Title 3, The President.
    Section 4 of the Presidential Transition Act of 1963, referred to in 
subsec. (a)(10), is section 4 of Pub. L. 88-277, which is set out as a 
note under section 102 of Title 3.


                               Amendments

    1998--Subsec. (c). Pub. L. 105-311, Sec. 3(1), substituted a period 
for comma after ``$10,000'' in par. (2) and struck out ``except that the 
amount of insurance may not exceed the annual rate of basic pay payable 
for positions at level II of the Executive Schedule under section 5313 
of this title, rounded to the next higher multiple of $1,000, plus 
$2,000.'' before last sentence.
    Subsec. (d)(1)(B). Pub. L. 105-311, Sec. 4, inserted ``or foster 
child'' after ``stepchild'' in two places in introductory provisions.
    1988--Subsec. (a)(10). Pub. L. 100-679 added par. (10).
    1986--Subsec. (a)(6). Pub. L. 99-335 amended par. (6) generally, 
substituting ``first employed'' for ``employed'' and inserting ``before 
October 1, 1987''.
    1984--Subsec. (a)(5) to (9). Pub. L. 98-353 added par. (5) and 
redesignated former pars. (5) to (8) as (6) to (9), respectively.
    1980--Pub. L. 96-427, Sec. 2(a)(1), substituted ``Definitions'' for 
``Definition'' in section catchline.
    Subsec. (c). Pub. L. 96-427, Sec. 2(a)(2), added subsec. (c).
    Subsec. (d). Pub. L. 96-427, Sec. 8(b), added subsec. (d).
    1979--Subsec. (a)(7) to (9). Pub. L. 96-54 struck out cl. (7) which 
related to coverage within term ``employee'' of a United States 
Commissioner, and redesignated cls. (8) and (9) as (7) and (8), 
respectively.
    Subsec. (a)(B). Pub. L. 96-70 inserted 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, the United States 
Postal Service, or the Smithsonian Institution in the area which was 
then known as the Canal Zone.
    1978--Subsec. (a)(C). Pub. L. 95-454 substituted ``Office of 
Personnel Management'' for ``Civil Service Commission''.
    1973--Subsec. (a)(B). Pub. L. 93-160 excluded from definition of 
``employee'' persons who are not nationals of the United States and 
whose permanent duty station is outside the United States and the Panama 
Canal Zone.
    1970--Subsec. (a)(B). Pub. L. 91-418 excluded from definition of 
``employee'' a noncitizen employee whose permanent duty station is 
outside the Panama Canal Zone.

                         Change of Name

    Gallaudet College, referred to in subsec. (a)(7), 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 1998 Amendment

    Pub. L. 105-311, Sec. 11, Oct. 30, 1998, 112 Stat. 2954, provided 
that:
    ``(a) In General.--Except as otherwise provided in this Act [see 
Short Title of 1998 Amendment note below], the amendments made by this 
Act shall take effect on the date of enactment of this Act [Oct. 30, 
1998].
    ``(b) Maximum Limitation on Employee Insurance.--Section 3 [amending 
this section and section 8714b of this title] shall take effect on the 
first day of the first applicable pay period beginning on or after the 
date of enactment of this Act.
    ``(c) Erroneous Coverage.--Section 5 [amending section 8706 of this 
title] shall be effective in any case in which a finding of erroneous 
insurance coverage is made on or after the date of enactment of this 
Act.
    ``(d) Direct Payment of Insurance Contributions.--Section 6 
[amending sections 8707 and 8714a to 8714c of this title] shall take 
effect on the first day of the first applicable pay period beginning on 
or after the date of enactment of this Act.
    ``(e) Additional Optional Life Insurance.--
        ``(1) In general.--Section 7 [amending section 8714b of this 
    title and enacting provisions set out as a note under section 8714b 
    of this title] shall take effect on the first day of the first pay 
    period that begins on or after the 180th day following the date of 
    enactment of this Act, or on any earlier date that the Office of 
    Personnel Management may prescribe that is at least 60 days after 
    the date of enactment of this Act.
        ``(2) Regulations.--The Office shall prescribe regulations under 
    which an employee may elect to continue additional optional 
    insurance that remains in force on such effective date without 
    subsequent reduction and with the full cost withheld from annuity or 
    compensation on and after such effective date if that employee--
            ``(A) separated from service before such effective date due 
        to retirement or entitlement to compensation under subchapter I 
        of chapter 81 of title 5, United States Code; and
            ``(B) continued additional optional insurance pursuant to 
        section 8714b(c)(2) as in effect immediately before such 
        effective date.
    ``(f) Improved Optional Life Insurance on Family Members.--The 
amendments made by section 8 [amending section 8714c of this title] 
shall take effect on the first day of the first pay period which begins 
on or after the 180th day following the date of enactment of this Act or 
on any earlier date that the Office of Personnel Management may 
prescribe.
    ``(g) Open Season.--Any election made by an employee under section 9 
[set out as a note below], and applicable withholdings, shall be 
effective on the first day of the first applicable pay period that--
        ``(1) begins on or after the date occurring 365 days after the 
    first day of the election period authorized under section 9; and
        ``(2) follows a pay period in which the employee was in a pay 
    and duty status.''


                    Effective Date of 1986 Amendment

    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.


                    Effective Date of 1980 Amendment

    Section 10 of Pub. L. 96-427 provided that:
    ``(a) Unless otherwise specified, this Act [see Short Title note 
below] shall take effect on the date of the enactment of this Act [Oct. 
10, 1980] and shall have no effect in the case of an employee who died, 
was separated, or retired before the date of enactment.
    ``(b) The amendment made by subsection (d) of section 2 of this Act 
[amending section 8704 of this title] shall apply with respect to 
premium pay payable under section 5545(c)(2) of title 5, United States 
Code, from and after the first day of the first pay period which begins 
on or after the date of the enactment of this Act [Oct. 10, 1980].
    ``(c) The amendment made by section 3 of this Act [amending section 
8706 of this title] shall apply only in the case of an employee who 
retires or become entitled to receive compensation for work injury on or 
after the 180th day following the date of the enactment of this Act 
[Oct. 10, 1980], or any earlier date that the Office of Personnel 
Management may prescribe which is at least 60 days after the date of 
enactment.
    ``(d) The amendments made by sections 7 and 8 of this Act [enacting 
sections 8714b and 8714c of this title and amending this section] shall 
take effect on the first day of the first pay period which begins on or 
after the 180th day following the date of the enactment of this Act 
[Oct. 10, 1980], or on any earlier date that the Office may prescribe 
which is at least 60 days after the date of enactment, and shall have no 
effect in the case of an employee who died, was finally separated, or 
retired before the effective date.''


                    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 Amendment

    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 1998 Amendment

    Pub. L. 105-311, Sec. 1, Oct. 30, 1998, 112 Stat. 2950, provided 
that: ``This Act [amending this section and sections 7703, 8706, 8707, 
and 8714a to 8714c of this title and enacting provisions set out as 
notes under this section and sections 7703 and 8714b of this title] may 
be cited as the `Federal Employees Life Insurance Improvement Act'.''


                      Short Title of 1994 Amendment

    Pub. L. 103-409, Sec. 1, Oct. 25, 1994, 108 Stat. 4230, provided 
that: ``This Act [enacting section 8714d of this title and provisions 
set out as notes under this section and sections 8704, 8714, and 8901 of 
this title] may be cited as the `FEGLI Living Benefits Act'.''


                      Short Title of 1980 Amendment

    Section 1 of Pub. L. 96-427 provided that: ``This Act [enacting 
sections 8714b and 8714c of this title, amending this section and 
sections 8704, 8706, 8707, 8709, and 8714a of this title, repealing 
section 8713 of this title and enacting provisions set out as notes 
under this section and sections 8704 and 8714a of this title] may be 
cited as the `Federal Employees' Group Life Insurance Act of 1980'.''


                               Open Season

    Pub. L. 105-311, Sec. 9, Oct. 30, 1998, 112 Stat. 2954, provided 
that: ``Beginning not later than 180 days after the date of enactment of 
this Act [Oct. 30, 1998], the Office of Personnel Management shall 
conduct an open enrollment opportunity for purposes of chapter 87 of 
title 5, United States Code, over a period of not less than 8 weeks. 
During this period, an employee (as defined under section 8701(a) of 
such title)--
        ``(1) may, if the employee previously declined or voluntarily 
    terminated any coverage under chapter 87 of such title, elect to 
    begin, resume, or increase group life insurance (and acquire 
    applicable accidental death and dismemberment insurance) under all 
    sections of such chapter without submitting evidence of 
    insurability; and
        ``(2) may, if currently insured for optional life insurance on 
    family members, elect an amount above the minimum insurance on a 
    spouse.''
    Pub. L. 103-409, Sec. 3(b), Oct. 25, 1994, 108 Stat. 4232, provided 
that:
    ``(1) The Office of Personnel Management shall prescribe regulations 
under which, beginning not later than 9 months after the date of the 
enactment of this Act [Oct. 25, 1994], and over a period of not less 
than 8 weeks--
        ``(A) an employee (as defined by section 8701(a) of title 5, 
    United States Code) who declined or voluntarily terminated coverage 
    under chapter 87 of such title--
            ``(i) may elect to begin, or to resume, group life insurance 
        and group accidental death and dismemberment insurance; and
            ``(ii) may make such other elections under such chapter as 
        the Office may allow; and
        ``(B) such other elections as the Office allows may be made.
    ``(2) The Office shall take such action as may be necessary to 
ensure that employees and any other individuals who would be eligible to 
make an election under this subsection are afforded advance notification 
to that effect.''


 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 8706, 8714a, 8714b, 8714c, 
8716 of this title; title 2 section 162b; title 40 section 214d.
