Notes on 5 U.S.C. § 8701 : US Code - Notes
Search Notes on 5 U.S.C. § 8701 : US Code - Notes
(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
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Derivation U.S. Code Revised Statutes and
Statutes at Large
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(a) 2 U.S.C. 126. Sept. 1, 1954, ch. 1208,
Sec. 603, 68 Stat. 1116.
5 U.S.C. 2091(a) Aug. 17, 1954, ch. 752,
(1st sentence, less Sec. 2(a) (1st sentence,
words between 6th less words between 6th and
and 7th commas), 7th commas), (b), 68 Stat.
(b), (d) (1st 736.
sentence, less words
between 1st and 2d
commas).
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) July 17, 1959, Pub. L.
(less applicability 86-91, Sec. 10(c) (less
to the Civil Service applicability to the Civil
Retirement Act). Service Retirement Act), 73
Stat. 217.
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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.
(!1) See Change of Name note below.