Notes on 5 U.S.C. § 8706 : US Code - Notes

Search Notes on 5 U.S.C. § 8706 : US Code - Notes

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 595; Pub. L. 90-83, Sec.
1(92), Sept. 11, 1967, 81 Stat. 219; Pub. L. 92-529, Oct. 21, 1972,
86 Stat. 1050; Pub. L. 95-454, title IX, Sec. 906(a)(2), (3), Oct.
13, 1978, 92 Stat. 1224; Pub. L. 95-583, Sec. 1(a), Nov. 2, 1978,
92 Stat. 2481; Pub. L. 96-427, Sec. 3(a), Oct. 10, 1980, 94 Stat.
1832; Pub. L. 98-353, title II, Secs. 206, 208, July 10, 1984, 98
Stat. 351, as amended by Pub. L. 99-336, Sec. 7(1), June 19, 1986,
100 Stat. 639; Pub. L. 99-53, Sec. 3(b), June 17, 1985, 99 Stat.
95; Pub. L. 99-335, title II, Sec. 207(k)(2), June 6, 1986, 100
Stat. 597; Pub. L. 99-336, Sec. 7(1), June 19, 1986, 100 Stat. 639;
Pub. L. 102-378, Sec. 2(74), Oct. 2, 1992, 106 Stat. 1355; Pub. L.
103-336, Sec. 4, Oct. 3, 1994, 108 Stat. 2662; Pub. L. 105-205,
Sec. 2, July 22, 1998, 112 Stat. 683; Pub. L. 105-311, Sec. 5, Oct.
30, 1998, 112 Stat. 2951.)
HISTORICAL AND REVISION NOTES                   
1966 ACT                             
--------------------------------------------------------------------
Derivation           U.S. Code              Revised Statutes and    
Statutes at Large     
--------------------------------------------------------------------
(a)-(c)         5 U.S.C. 2095.           Aug. 17, 1954, ch. 752,     
Sec. 6, 68 Stat. 739.      
Aug. 11, 1955, ch. 794,     
Sec. 2(a), 69 Stat. 677.   
May 28, 1956, ch. 328, Sec. 
1, 70 Stat. 213.           
Sept. 23, 1959, Pub. L.     
86-377, Sec. 4(c), 73 Stat.
701.                       
(d)             5 U.S.C. 2091(c).        Aug. 1, 1956, ch. 837, Sec. 
501(c)(1) (less            
applicability to Sec.      
2(b)), 70 Stat. 882.       
--------------------------------------------------------------------
In subsection (b), the words "armed forces" are coextensive with
and substituted for "Army, Navy, Air Force, and Marine Corps, or
Coast Guard of the United States" in view of the definition of
"armed forces" in section 2101.
In subsection (c), the word "only" is supplied for clarity and
for consistency with subsection (b). The words "under conditions
determined by the Commission, without cost to him" are coextensive
with and substituted for "as provided in subsection (b) of this
section".
In subsection (d), the first sentence of former section 2091(c)
is omitted as unnecessary as the definition of "employee" in
section 8701 precludes acquisition of coverage by a member of a
uniformed service. The words "section 101 of title 38" are
substituted for "section 1101 of title 38" on authority of section
5(a) of the Act of Sept. 2, 1958, Pub. L. 85-857, 72 Stat. 1262.
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                             
--------------------------------------------------------------------
Section of       Source (U.S. Code)      Source (Statutes at Large) 
title 5                                                           
--------------------------------------------------------------------
8706(e)         5 App.: 2095(d).         July 18, 1966, Pub. L.      
89-504, Sec. 406(a), 80    
Stat. 298.                 
--------------------------------------------------------------------
The words "subsections (a)-(c) of this section" are substituted
for "the foregoing" to reflect the codification of former 5 U.S.C.
2095. The word "officer" is omitted as included in "employee." The
words "as defined by section 8701(a) of this title" are substituted
for "as defined in section 2 of the Act" to reflect the
codification of that section in 5 U.S.C. 8701(a). The words
"Employees' Life Insurance Fund" and "Fund" are substituted for
"fund" and "fund established by section 5 of this Act",
respectively.
AMENDMENTS                            
1998 - Subsec. (e). Pub. L. 105-205 designated existing
provisions as par. (1) and added par. (2).
Subsec. (g). Pub. L. 105-311 added subsec. (g).
1994 - Subsec. (e). Pub. L. 103-336 substituted "employee or
former employee" for "Federal judge", "employee's or former
employee's" for "judge's", and "purchased" for "purchase".
1992 - Subsecs. (f), (g). Pub. L. 102-378 redesignated subsec.
(g) as (f).
1986 - Subsec. (a). Pub. L. 98-353, Sec. 206, as amended
generally by Pub. L. 99-336, Sec. 7(1), 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.
Subsecs. (c) to (f). Pub. L. 99-335 struck out subsec. (c) and
redesignated subsecs. (d) to (f) as (c) to (e), respectively.
Former subsec. (c) provided that insurance granted an employee
stops, except for a 31-day extension of life insurance coverage, on
the day immediately before his entry on active duty or active duty
for training unless the period is covered by military leave with
pay but does not stop during a period of inactive duty training and
defined "active duty", "active duty for training", and "inactive
duty training" as having the meanings given them by section 101 of
title 38.
1985 - Subsec. (g). Pub. L. 99-53 added subsec. (g).
1984 - Pub. L. 98-353, Sec. 208(b), inserted "; assignment of
ownership" in section catchline.
Subsec. (f). Pub. L. 98-353, Sec. 208(a), added subsec. (f).
1980 - Subsec. (b). Pub. L. 96-427 added subsec. (b) and struck
out former subsec. (b) which read as follows:
"(1) If on the date the insurance would otherwise stop the
employee retires on an immediate annuity and has been insured under
this chapter throughout - 
"(A) the 5 years of service immediately preceding such date, or
"(B) the full period or periods of service during which the
employee was entitled to be insured, if less than 5 years,
life insurance only may be continued, without cost to the employee,
under conditions determined by the Office.
"(2) If on the date the insurance would otherwise stop the
employee is receiving compensation under subchapter I of chapter 81
of this title because of disease or injury to the employee and has
been insured under this chapter throughout - 
"(A) the 5 years of service immediately preceding such date, or
"(B) the full period or periods of service during which the
employee was entitled to be insured, if less than 5 years,
life insurance only may be continued, without cost to the employee,
under conditions determined by the Office, during the period the
employee is receiving compensation for work injuries and is held by
the Secretary of Labor or his delegate to be unable to return to
duty.
"(3) The amount of life insurance continued under paragraph (1)
or paragraph (2) of this subsection shall be reduced by 2 percent
at the end of each full calendar month after the date the employee
becomes 65 years of age and is retired or is receiving such
compensation for disease or injury. The Office shall prescribe
minimum amounts, not less than 25 percent of the amount of life
insurance in force before the first reduction, to which the
insurance may be reduced."
1978 - Subsec. (a). Pub. L. 95-454 substituted "Office of
Personnel Management" and "Office" for "Civil Service Commission"
and "Commission", respectively.
Subsec. (b). Pub. L. 95-583, Sec. 1(a)(1), added subsec. (b) and
struck out former subsec. (b) which read as follows: "If on the
date the insurance would otherwise stop the employee retires on an
immediate annuity and - 
"(1) his retirement is for disability; or
"(2) he has completed 12 years of creditable service as
determined by the Commission;
his life insurance only may be continued, without cost to him,
under conditions determined by the Commission. Periods of
honorable, active service in the armed forces shall be credited
toward the required 12 years if the employee has completed at least
5 years of civilian service. The amount of life insurance continued
under this subsection shall be reduced by 2 percent at the end of
each full calendar month after the date the employee becomes 65
years of age or retires, whichever is later. The Commission may
prescribe minimum amounts, not less than 25 percent of the amount
of life insurance in force before the first reduction, to which the
insurance may be reduced."
Pub. L. 95-454, which substituted "Office" for "Commission", was
executed to text of subsec. (b) as amended by Pub. L. 95-583. See
Effective Date of 1978 Amendments note below.
Subsec. (c). Pub. L. 95-583, Sec. 1(a)(1), (2), struck out "If on
the date the insurance would otherwise stop the employee is
receiving benefits under subchapter I of chapter 81 of this title
because of disease or injury to himself, his life insurance only
may be continued, without cost to him, under conditions determined
by the Commission while he is receiving the benefits and is held by
the Department of Labor to be unable to return to duty." and
redesignated subsec. (d) as (c).
Subsec. (d). Pub. L. 95-583, Sec. 1(a)(2), (3), redesignated
subsec. (e) as (d) and substituted reference to "subsections (a)
and (b) of this section" for "subsections (a)-(c) of this section".
Former subsec. (d) redesignated (c).
Subsecs. (e), (f). Pub. L. 95-583, Sec. 1(a)(2), redesignated
subsecs. (e) and (f) as (d) and (e), respectively.
1972 - Subsec. (f). Pub. L. 92-529 added subsec. (f).
EFFECTIVE DATE OF 1998 AMENDMENT                 
Amendment by Pub. L. 105-311 effective in any case in which a
finding of erroneous insurance coverage is made on or after Oct.
30, 1998, see section 11(c) of Pub. L. 105-311, set out as a note
under section 8701 of this title.
EFFECTIVE DATE OF 1986 AMENDMENTS                 
Section 207 of Pub. L. 98-353, as amended generally by Pub. L. 99-
336, Sec. 7(2), provided that: "The amendments to chapter 87 of
title 5, United States Code, made by section 206 of this Act
[which, as amended generally by Pub. L. 99-336, Sec. 7(1), amended
this section and sections 8714a to 8714c of this title] shall apply
in the case of any justice or judge who is retired under section
371(a) or 371(b) or 372(a) of title 28, United States Code. The
amendments apply to those who retire on or after January 1, 1982."
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 1984 AMENDMENT                 
Section 209 of Pub. L. 98-353 provided that:
"(a) Except as provided in subsection (b), the amendments made by
this Act to section 8706 of title 5, United States Code, shall
apply to policies purchased by judges after the date of enactment
of this Act [July 10, 1984].
"(b) If a company which issued a policy which is in effect on the
date of the enactment of this Act agrees, the amendments made by
this Act [probably should be 'made by this Act to section 8706 of
title 5'] shall apply to such policy."
EFFECTIVE DATE OF 1980 AMENDMENT                 
Amendment by Pub. L. 96-427 applicable only in case of an
employee who retires or becomes entitled to receive compensation
for work injury on or after 180th day following Oct. 10, 1980, or
any earlier date that Office of Personnel Management may prescribe
which is at least 60 days after Oct. 10, 1980, see section 10(c) of
Pub. L. 96-427, set out as a note under section 8701 of this title.
EFFECTIVE DATE OF 1978 AMENDMENTS                 
Section 3 of Pub. L. 95-583 provided that: "The amendments made
by this Act [amending this section and sections 8705, 8714a, and
8901 of this title] shall take effect on the date of the enactment
of this Act [Nov. 2, 1978]."
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.
INSURANCE COVERAGE FOR RESTORED DISABILITY ANNUITANTS       
Section 3(c) of Pub. L. 99-53 provided that:
"(1) The amendments made by this section [amending this section
and section 8908 of this title] shall apply with respect to any
individual whose disability annuity is or was restored under
section 8337(e) of title 5, United States Code, after December 31,
1983.
"(2)(A) The Office of Personnel Management shall notify each
individual under subparagraph (B) of any rights which such
individual may have under section 8706(g) or section 8908(c) of
title 5, United States Code, as amended by this section, including
any procedures or deadlines which may apply with respect to the
exercise of those rights.
"(B) Notification under this paragraph shall be provided to any
individual who, as of the 90th day after the date of enactment of
this Act [June 17, 1985], is receiving a disability annuity which
was restored to such individual under section 8337(e) of title 5,
United States Code, after December 31, 1983.
"(3)(A) Nothing in this section shall be construed to authorize -

"(i) coverage under chapter 87 of title 5, United States Code,
in the case of any individual who makes an election under section
8706(g) of such title (as amended by this Act), for any period
before the date of such election; or
"(ii) coverage under chapter 89 of title 5, United States Code,
in the case of any individual who becomes enrolled in a health
benefits plan under section 8908(c) of such title (as amended by
this Act), for any period before the date as of which such
individual becomes so enrolled.
"(B) This paragraph applies with respect to any individual
receiving a disability annuity which is or was restored under
section 8337(e) of title 5, United States Code, after December 31,
1983, and before the expiration of the 90-day period beginning on
the date of enactment of this Act [June 17, 1985]."
ELECTION OF LIFE INSURANCE OR HEALTH BENEFITS DURING PERIOD OF
SERVICE AS OFFICER OR EMPLOYEE OF AN EMPLOYEE ORGANIZATION;
CONTRIBUTIONS INTO EMPLOYEES LIFE INSURANCE FUND OR EMPLOYEES
HEALTH BENEFITS FUND, NON-ELECTION; REGULATIONS
Pub. L. 89-504, title IV, Sec. 406(c), July 18, 1966, 80 Stat.
298, provided that: "An officer or employee who is on approved
leave without pay and serving as a full-time officer or employee of
an organization composed primarily of employees, as defined in
section 2 of the Federal Employees' Group Life Insurance Act of
1954, as amended (5 U.S.C. 2091) [section 8701 of this title] or
section 2 of the Federal Employees Health Benefits Act of 1959, as
amended (5 U.S.C. 3001) [section 8901 of this title] as the case
may be, may, within sixty days after the date of enactment of this
Act [July 18, 1966], file with his employing agency an election (1)
to continue any insurance status or health benefits enrollment, or
both, that he has on the date of enactment of this Act [July 18,
1966], (2) to reacquire any insurance status or health benefits
enrollment, or both, which he may have lost while on leave without
pay, or (3) to acquire as insured status or enroll in a health
benefits plan, or both, if he was never previously eligible to do
so, by arranging to pay currently and continuously into the
employees' life insurance fund and the employees' health benefits
fund, as appropriate, through his employing agency, both employee
and agency contributions. The employing agency shall forward such
payments to the employees' life insurance fund and the employees'
health benefits fund, as appropriate. If he does not so elect, his
insurance status and health benefits enrollment will continue and
terminate as for other employees in nonpay status, or he will
remain ineligible for insurance and health benefits, as the case
may be, as though this paragraph had not been enacted. The United
States Civil Service Commission is authorized to issue regulations
to carry out the purposes of this paragraph."
[Provision effective July 18, 1966, see section 410(1) of Pub. L.
89-504.]