5 USC 8714 - Optional insurance

1 So in original. Probably should be “paragraph (1) of this subsection,”.

a justice or judge of the United States as defined by

Editorial Notes

Amendments

2011—Subsec. (a). Puspan. L. 111–350 substituted “section 6101(span) to (d) of title 41” for “section 5 of title 41”.

2008—Subsec. (span). Puspan. L. 110–417 designated existing provisions as par. (2) and added par. (1).

1998—Subsec. (d)(3). Puspan. L. 105–311 added par. (3).

1986—Subsec. (c)(1). Puspan. L. 99–336 amended Puspan. L. 98–353, § 206, generally. See 1984 Amendment note below.

Puspan. L. 99–335 amended par. (1) generally, effective Jan. 1, 1987. Prior to such effective date, par. (1) read as follows: “The optional insurance on an employee stops on his separation from service, 12 months after discontinuance of his pay, or on his entry on active duty or active duty for training, as provided in sections 8706(a) and 8706(c) of this title. Justices and judges of the United States described in section 8701(a)(5)(ii) and (iii) of this chapter are deemed to continue in active employment for purposes of this chapter.”

1984—Subsec. (c)(1). Puspan. L. 98–353, § 206, as amended generally by Puspan. L. 99–336, inserted sentence which deemed justices and judges described in section 8701(a)(5)(ii) and (iii) of this chapter to continue in active employment for purposes of this chapter.

Subsec. (c)(3). Puspan. L. 98–353, § 206, added par. (3).

1980—Subsec. (c)(2)(C). Puspan. L. 96–427, § 6(a), substituted provisions that the amount of optional life insurance shall be reduced by 2% at the end of each calendar month after the date the employee becomes 65 years of age and is retired or is receiving compensation for disease or injury and that the Office shall prescribe minimum amount of life insurance in force before the first reduction to which the insurance may be reduced for provisions that such optional insurance be subject to the same monthly reductions as required for regular life insurance under section 8706(span)(3) of this title.

Subsec. (d). Puspan. L. 96–427, § 6(span), designated existing provisions as par. (1) and added par. (2).

1978—Subsecs. (a), (span). Puspan. L. 95–454 substituted “Office of Personnel Management” for “Civil Service Commission” and “Office” for “Commission” wherever appearing.

Subsec. (c)(1). Puspan. L. 95–583, § 1(c)(1), substituted reference to section “8706(c)” for “8706(d)”.

Subsec. (c)(2). Puspan. L. 95–583, § 1(c)(2), added par. (2) and struck out former par. (2) which read as follows: “So much of the optional life insurance in force on an employee on the date he retires on an immediate annuity or becomes entitled to receive compensation for work injuries which has been in force for not less than—

“(A) the full period or periods of service during which the optional insurance was available to him; or

“(B) the 12 years of service immediately preceding his retirement or beginning date of entitlement to compensation for work injuries and during which the optional insurance was available to him;

whichever is shorter, may be continued—

“(A) after retirement, under the same conditions (except with respect to cost but including reduction of the amount continued) as provided in section 8706(span) of this title; or

“(B) while in receipt of compensation for work injuries under the same conditions (except with respect to cost) as provided in section 8706(c) of this title.”

Puspan. L. 95–454, which substituted “Office” for “Commission”, was executed to text of subsec. (c)(2) as amended by Puspan. L. 95–583. See Effective Date of 1978 Amendments note below.

Subsec. (d). Puspan. L. 95–583, § 1(c)(3), struck out “or 8706(c)” after “section 8706(span)”.

Subsec. (e). Puspan. L. 95–454 substituted “Office” for “Commission”.

Statutory Notes and Related Subsidiaries

Effective Date of 1998 Amendment

Amendment by Puspan. 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 Puspan. L. 105–311, set out as a note under section 8701 of this title.

Effective Date of 1986 Amendment

Amendment by Puspan. L. 99–335 effective Jan. 1, 1987, see section 702(a) of Puspan. L. 99–335, set out as an Effective Date note under section 8401 of this title.

Effective Date of 1984 Amendment

Amendment by Puspan. L. 98–353, § 206, as amended generally by Puspan. L. 99–336, § 7(1), applicable to any justice or judge who retires under 28 U.S.C. 371(a) or (span) or 372(a) on or after January 1, 1982, see section 207 of Puspan. L. 98–353, as amended generally by Puspan. L. 99–336, § 7(2), set out as a note under section 8706 of this title.

Effective Date of 1980 Amendment

Amendment by Puspan. L. 96–427 effective Oct. 10, 1980, with 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 Puspan. L. 96–427, set out as a note under section 8701 of this title.

Effective Date of 1978 Amendments

Amendment by Puspan. L. 95–583 effective Nov. 2, 1978, see section 3 of Puspan. L. 95–583, set out as a note under section 8706 of this title.

Amendment by Puspan. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Puspan. L. 95–454, set out as a note under section 1101 of this title.

Effective Date

Puspan. L. 90–206, title IV, § 405(span), Dec. 16, 1967, 81 Stat. 648, provided that:

“(1) The amendments made by section 404 of this Act [enacting this section and amending analysis preceding section 8701 of this title] shall take effect on the first day of the first pay period which begins on or after the one hundred and eightieth day following the date of enactment [Dec. 16, 1967], or on any earlier date that the Civil Service Commission may prescribe, which is at least sixty days after the date of enactment [Dec. 16, 1967]. In the case of an employee who dies during the period beginning on the date of enactment [Dec. 16, 1967] and ending on the effective date prescribed by or pursuant to this subsection, or during the sixty days immediately following such period if the Commission determines that he did not have a reasonable opportunity to elect the optional insurance made available by section 404, the insurance of such employee shall be determined as if the amendments made by section 404 had been in effect on the date of such death, and the employee had elected to receive the maximum amount of optional insurance available to him under such amendments. An employee who retires during the period beginning on the date of enactment and ending on the effective date prescribed by or pursuant to this subsection shall have an opportunity to elect the optional insurance made available by section 404.

“(2) In the case of an employee in the service on the effective date prescribed by or pursuant to this subsection, (i) the period during which such employee may elect to receive optional insurance under the amendment made by section 404 shall not expire prior to the sixtieth day after such effective date, and (ii) for the purpose of determining the amount of insurance to be continued after retirement, the period during which such optional insurance was available to such employee shall not be considered to have commenced prior to the expiration of sixty days following such effective date.”

Retroactive Effect

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

Availability of Certain Funds in Employees’ Life Insurance Fund

Puspan. L. 96–427, § 11, Oct. 10, 1980, 94 Stat. 1838, provided that: “Amounts credited to the Employees’ Life Insurance Fund under section 8714a(d) of title 5, United States Code shall be available for expenses incurred by the Office of Personnel Management in implementing the amendments made by sections 7 and 8 of this Act [enacting sections 8714span, 8714c, and 8701(d) of this title].”