
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: 5USC8705]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart G--Insurance and Annuities
 
                       CHAPTER 87--LIFE INSURANCE
 
Sec. 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.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 594; Pub. L. 90-83, Sec. 1(91), 
Sept. 11, 1967, 81 Stat. 219; Pub. L. 95-454, title IX, Sec. 906(a)(2), 
(3), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 95-583, Sec. 1(b), Nov. 2, 
1978, 92 Stat. 2481; Pub. L. 105-205, Sec. 1, July 22, 1998, 112 Stat. 
683.)

                      Historical and Revision Notes
                                1966 Act
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 2093.                Aug. 17, 1954, ch.
                                                    752, Sec.  4, 68
                                                    Stat. 738.
                                                   Aug. 28, 1962, Pub.
                                                    L. 87-611, Sec.  1,
                                                    76 Stat. 406.
------------------------------------------------------------------------

    In subsection (c), the words ``Employees' Life Insurance Fund'' are 
substituted for ``fund created pursuant to section 2094(c) of this 
title''.
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.

                                1967 Act
------------------------------------------------------------------------
                                                    Source (Statutes at
 Section of title 5       Source (U.S. Code)               Large)
------------------------------------------------------------------------
8705(a)............  5 App.: 2093.                 Mar. 23, 1966, Pub.
                                                    L. 89-373, Sec.  1,
                                                    80 Stat. 78.
------------------------------------------------------------------------

    In subsection (a), ``Civil Service Commission'' is substituted for 
``Commission'' on authority of former 5 U.S.C. 2091(a).
    In subsection (c), ``Commission'' is substituted for ``Civil Service 
Commission'' for consistency of style. The full title of the Commission 
is set forth the first time it is used in a section.


                               Amendments

    1998--Subsec. (a). Pub. L. 105-205, Sec. 1(1), substituted ``Except 
as provided in subsection (e), the'' for ``The''.
    Subsec. (e). Pub. L. 105-205, Sec. 1(2), added subsec. (e).
    1978--Subsec. (a). Pub. L. 95-583 struck out ``or (c)'' after 
``section 8706(b)''.
    Pub. L. 95-454 substituted ``Office of Personnel Management'' for 
``Civil Service Commission''.
    Subsec. (c). Pub. L. 95-454 substituted ``Office'' for 
``Commission'' wherever appearing.


                    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.

                  Section Referred to in Other Sections

    This section is referred to in sections 8714a, 8714b, 8714c of this 
title.
