
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: 5USC9004]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart G--Insurance and Annuities
 
                  CHAPTER 90--LONG-TERM CARE INSURANCE
 
Sec. 9004. Financing

    (a) In General.--Each eligible individual obtaining long-term care 
insurance coverage under this chapter shall be responsible for 100 
percent of the premiums for such coverage.
    (b) Withholdings.--
        (1) In general.--The amount necessary to pay the premiums for 
    enrollment may--
            (A) in the case of an employee, be withheld from the pay of 
        such employee;
            (B) in the case of an annuitant, be withheld from the 
        annuity of such annuitant;
            (C) in the case of a member of the uniformed services 
        described in section 9001(3), be withheld from the pay of such 
        member; and
            (D) in the case of a retired member of the uniformed 
        services described in section 9001(4), be withheld from the 
        retired pay or retainer pay payable to such member.

        (2) Voluntary withholdings for qualified relatives.--
    Withholdings to pay the premiums for enrollment of a qualified 
    relative may, upon election of the appropriate eligible individual 
    (described in section 9001(1)-(4)), be withheld under paragraph (1) 
    to the same extent and in the same manner as if enrollment were for 
    such individual.

    (c) Direct Payments.--All amounts withheld under this section shall 
be paid directly to the carrier.
    (d) Other Forms of Payment.--Any enrollee who does not elect to have 
premiums withheld under subsection (b) or whose pay, annuity, or retired 
or retainer pay (as referred to in subsection (b)(1)) is insufficient to 
cover the withholding required for enrollment (or who is not receiving 
any regular amounts from the Government, as referred to in subsection 
(b)(1), from which any such withholdings may be made, and whose premiums 
are not otherwise being provided for under subsection (b)(2)) shall pay 
an amount equal to the full amount of those charges directly to the 
carrier.
    (e) Separate Accounting Requirement.--Each carrier participating 
under this chapter shall maintain records that permit it to account for 
all amounts received under this chapter (including investment earnings 
on those amounts) separate and apart from all other funds.
    (f) Reimbursements.--
        (1) Reasonable initial costs.--
            (A) In general.--The Employees' Life Insurance Fund is 
        available, without fiscal year limitation, for reasonable 
        expenses incurred by the Office of Personnel Management in 
        administering this chapter before the start of the 7-year period 
        described in section 9003(d)(2)(B), including reasonable 
        implementation costs.
            (B) Reimbursement requirement.--Such Fund shall be 
        reimbursed, before the end of the first year of that 7-year 
        period, for all amounts obligated or expended under subparagraph 
        (A) (including lost investment income). Such reimbursement shall 
        be made by carriers, on a pro rata basis, in accordance with 
        appropriate provisions which shall be included in master 
        contracts under this chapter.

        (2) Subsequent costs.--
            (A) In general.--There is hereby established in the 
        Employees' Life Insurance Fund a Long-Term Care Administrative 
        Account, which shall be available to the Office, without fiscal 
        year limitation, to defray reasonable expenses incurred by the 
        Office in administering this chapter after the start of the 7-
        year period described in section 9003(d)(2)(B).
            (B) Reimbursement requirement.--Each master contract under 
        this chapter shall include appropriate provisions under which 
        the carrier involved shall, during each year, make such periodic 
        contributions to the Long-Term Care Administrative Account as 
        necessary to ensure that the reasonable anticipated expenses of 
        the Office in administering this chapter during such year 
        (adjusted to reconcile for any earlier overestimates or 
        underestimates under this subparagraph) are defrayed.

(Added Pub. L. 106-265, title I, Sec. 1002(a), Sept. 19, 2000, 114 Stat. 
766.)
