
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC8707]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart G--Insurance and Annuities
 
                       CHAPTER 87--LIFE INSURANCE
 
Sec. 8707. Employee deductions; withholding

    (a) Subject to subsection (c)(2), during each period in which an 
employee is insured under a policy purchased by the Office of Personnel 
Management under section 8709 of this title, there shall be withheld 
from the employee's pay a share of the cost of the group life insurance 
and accidental death and dismemberment insurance.
    (b)(1) Subject to subsection (c)(2), whenever life insurance 
continues after an employee retires on an immediate annuity or while the 
employee is receiving compensation under subchapter I of chapter 81 of 
this title because of disease or injury to the employee, as provided in 
section 8706(b) of this title, deductions for insurance shall be 
withheld from the employee's annuity or compensation, except that, in 
any case in which the insurance is continued as provided in section 
8706(b)(3)(A) of this title, the deductions shall not be made for months 
after the calendar month in which the employee becomes 65 years of age.
    (2) Notwithstanding paragraph (1) of this subsection, insurance 
shall be so continued without cost (other than as provided under section 
8706(b)(3)(B)) to each employee who so retires, or commences receiving 
compensation, on or before December 31, 1989.
    (c)(1) The amount withheld from the pay, annuity, or compensation of 
each employee subject to insurance deductions shall be at the rate, 
adjusted to the nearest half-cent, of 66\2/3\ percent of the level cost 
as determined by the Office for each $1,000 of the employee's basic 
insurance amount.
    (2) An employee who is subject to withholdings under this section 
and whose pay, annuity, or compensation is insufficient to cover such 
withholdings may nevertheless continue insurance if the employee 
arranges to pay currently into the Employees' Life Insurance Fund, 
through the agency or retirement system that administers pay, annuity, 
or compensation, an amount equal to the withholdings that would 
otherwise be required under this section.
    (d) If an agency fails to withhold the proper amount of life 
insurance deductions from an individual's salary, compensation, or 
retirement annuity, the collection of unpaid deductions 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 unpaid deductions, the agency 
shall submit an amount equal to the sum of the uncollected deductions 
and related agency contributions required under section 8708 of this 
title to the Office for deposit to the Employees' Life Insurance Fund.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 595; Pub. L. 90-206, title IV, 
Sec. 402, Dec. 16, 1967, 81 Stat. 647; Pub. L. 95-454, title IX, 
Sec. 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 96-427, 
Sec. 4(a), Oct. 10, 1980, 94 Stat. 1833; Pub. L. 105-311, Sec. 6(1), 
Oct. 30, 1998, 112 Stat. 2951.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 2094(a) (1st par.).  Aug. 17, 1954, ch.
                                                    752, Sec.  5(a) (1st
                                                    par.), 68 Stat. 738.
                                                   Sept. 23, 1959, Pub.
                                                    L. 86-377, Sec.
                                                    4(b), 73 Stat. 701.
------------------------------------------------------------------------

    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.


                               Amendments

    1998--Subsec. (a). Pub. L. 105-311, Sec. 6(1)(A), substituted 
``Subject to subsection (c)(2), during'' for ``During''.
    Subsec. (b)(1). Pub. L. 105-311, Sec. 6(1)(B), substituted ``Subject 
to subsection (c)(2), whenever'' for ``Whenever''.
    Subsec. (c). Pub. L. 105-311, Sec. 6(1)(C), designated existing 
provisions as par. (1) and added par. (2).
    1980--Subsec. (a). Pub. L. 96-427 designated first sentence of 
existing section as subsec. (a) and substituted ``a policy purchased'' 
for ``a policy of insurance purchased'' and ``the employee's pay a share 
of the cost'' for ``the pay of the employee his share of the cost''.
    Subsec. (b). Pub. L. 96-427 added subsec. (b).
    Subsec. (c). Pub. L. 96-427 designated second sentence of existing 
section as subsec. (c) and inserted reference to pay, annuity, or 
compensation of each employee.
    Subsec. (d). Pub. L. 96-427 added subsec. (d).
    1978--Pub. L. 95-454 substituted ``Office of Personnel Management'' 
and ``Office'' for ``Civil Service Commission'' and ``Commission'', 
respectively.
    1967--Pub. L. 90-206 struck out reference to the Civil Service 
Commission's function of determining the amount to be withheld for group 
insurance and substituted provisions setting a rate of 66\2/3\ percent 
of the level cost of each $1,000 of insurance as determined by the 
Commission for provisions setting a limit of 25 cents biweekly for each 
$1,000 of group life insurance and directing the withholding of the 
amount from employees paid on other than a biweekly basis at a 
proportional rate adjusted to the nearest cent.


                    Effective Date of 1998 Amendment

    Amendment by Pub. L. 105-311 effective on the first day of the first 
applicable pay period beginning on or after Oct. 30, 1998, see section 
11(d) of Pub. L. 105-311, set out as a note under section 8701 of this 
title.


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-427 effective Oct. 10, 1980, with the 
amendment to have no effect in case of an employee who died, was 
separated, or retired before Oct. 10, 1980, see section 10(a) of Pub. L. 
96-427, set out as a note under section 8701 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.


                    Effective Date of 1967 Amendment

    Amendment by Pub. L. 90-206 effective on first day of first pay 
period which begins on or after sixtieth day following Dec. 16, 1967, 
see section 405(a) of Pub. L. 90-206, set out as a note under section 
8704 of this title.


                  Retroactive Effect of 1967 Amendment

    Amendment by Pub. L. 90-206 to have no effect in case of an employee 
who died, was finally separated, or retired prior to Dec. 16, 1967, see 
section 405(c) of Pub. L. 90-206, set out as a note under section 8704 
of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 8706, 8708, 8714, 8714a, 
8714d of this title; title 2 section 162b; title 40 section 214d.
