5 U.S.C. § 8901 : US Code - Section 8901: Definitions

Search 5 U.S.C. § 8901 : US Code - Section 8901: Definitions

For the purpose of this chapter - 
(1) "employee" means - 
(A) an employee as defined by section 2105 of this title;
(B) a Member of Congress as defined by section 2106 of this
title;
(C) a Congressional employee as defined by section 2107 of
this title;
(D) the President;
(E) an individual first employed by the government of the
District of Columbia before October 1, 1987;
(F) an individual employed by Gallaudet College; (!1)
(G) an individual employed by a county committee established
under section 590h(b) of title 16;
(H) an individual appointed to a position on the office staff
of a former President under section 1(b) of the Act of August
25, 1958 (72 Stat. 838); and
(I) an individual appointed to a position on the office staff
of a former President, or a former Vice President under section
4 of the Presidential Transition Act of 1963, as amended (78
Stat. 153), who immediately before the date of such appointment
was an employee as defined under any other subparagraph of this
paragraph;
but does not include - 
(i) an employee of a corporation supervised by the Farm
Credit Administration if private interests elect or appoint a
member of the board of directors;
(ii) an individual who is not a citizen or national of the
United States and whose permanent duty station is outside the
United States, unless the individual was an employee for the
purpose of this chapter on September 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;
(iii) an employee of the Tennessee Valley Authority; or
(iv) an employee excluded by regulation of the Office of
Personnel Management under section 8913(b) of this title;
(2) "Government" means the Government of the United States and
the government of the District of Columbia;
(3) "annuitant" means - 
(A) an employee who retires - 
(i) on an immediate annuity under subchapter III of chapter
83 of this title, or another retirement system for employees
of the Government, after 5 or more years of service;
(ii) under section 8412 or 8414 of this title;
(iii) for disability under subchapter III of chapter 83 of
this title, chapter 84 of this title, or another retirement
system for employees of the Government; or
(iv) on an immediate annuity under a retirement system
established for employees described in section 2105(c), in
the case of an individual who elected under section
8347(q)(2) or 8461(n)(2) to remain subject to such a system;
(B) a member of a family who receives an immediate annuity as
the survivor of an employee (including a family member entitled
to an amount under section 8442(b)(1)(A), whether or not such
family member is entitled to an annuity under section
8442(b)(1)(B)) or of a retired employee described by
subparagraph (A) of this paragraph;
(C) an employee who receives monthly compensation under
subchapter I of chapter 81 of this title and who is determined
by the Secretary of Labor to be unable to return to duty; and
(D) a member of a family who receives monthly compensation
under subchapter I of chapter 81 of this title as the surviving
beneficiary of - 
(i) an employee who dies as a result of injury or illness
compensable under that subchapter; or
(ii) a former employee who is separated after having
completed 5 or more years of service and who dies while
receiving monthly compensation under that subchapter and who
has been held by the Secretary to have been unable to return
to duty;
(4) "service", as used by paragraph (3) of this section, means
service which is creditable under subchapter III of chapter 83 or
chapter 84 of this title;
(5) "member of family" means the spouse of an employee or
annuitant and an unmarried dependent child under 22 years of age,
including - 
(A) an adopted child or recognized natural child; and
(B) a stepchild or foster child but only if the child lives
with the employee or annuitant in a regular parent-child
relationship;
or such an unmarried dependent child regardless of age who is
incapable of self-support because of mental or physical
disability which existed before age 22;
(6) "health benefits plan" means a group insurance policy or
contract, medical or hospital service agreement, membership or
subscription contract, or similar group arrangements provided by
a carrier for the purpose of providing, paying for, or
reimbursing expenses for health services;
(7) "carrier" means a voluntary association, corporation,
partnership, or other nongovernmental organization which is
lawfully engaged in providing, paying for, or reimbursing the
cost of, health services under group insurance policies or
contracts, medical or hospital service agreements, membership or
subscription contracts, or similar group arrangements, in
consideration of premiums or other periodic charges payable to
the carrier, including a health benefits plan duly sponsored or
underwritten by an employee organization and an association of
organizations or other entities described in this paragraph
sponsoring a health benefits plan;
(8) "employee organization" means - 
(A) an association or other organization of employees which
is national in scope, or in which membership is open to all
employees of a Government agency who are eligible to enroll in
a health benefits plan under this chapter and which, after
December 31, 1978, and before January 1, 1980, applied to the
Office for approval of a plan provided under section 8903(3) of
this title; and
(B) an association or other organization which is national in
scope, in which membership is open only to employees,
annuitants, or former spouses, or any combination thereof, and
which, during the 90-day period beginning on the date of
enactment of section 8903a of this title, applied to the Office
for approval of a plan provided under such section;
(9) "dependent", in the case of any child, means that the
employee or annuitant involved is either living with or
contributing to the support of such child, as determined in
accordance with such regulations as the Office shall prescribe;
(10) "former spouse" means a former spouse of an employee,
former employee, or annuitant - 
(A) who has not remarried before age 55 after the marriage to
the employee, former employee, or annuitant was dissolved,
(B) who was enrolled in an approved health benefits plan
under this chapter as a family member at any time during the 18-
month period before the date of the dissolution of the
marriage to the employee, former employee, or annuitant, and
(C)(i) who is receiving any portion of an annuity under
section 8345(j) or 8467 of this title or a survivor annuity
under section 8341(h) or 8445 of this title (or benefits
similar to either of the aforementioned annuity benefits under
a retirement system for Government employees other than the
Civil Service Retirement System or the Federal Employees'
Retirement System),
(ii) as to whom a court order or decree referred to in
section 8341(h), 8345(j), 8445, or 8467 of this title (or
similar provision of law under any such retirement system other
than the Civil Service Retirement System or the Federal
Employees' Retirement System) has been issued, or for whom an
election has been made under section 8339(j)(3) or 8417(b) of
this title (or similar provision of law), or
(iii) who is otherwise entitled to an annuity or any portion
of an annuity as a former spouse under a retirement system for
Government employees,
except that such term shall not include any such unremarried
former spouse of a former employee whose marriage was dissolved
after the former employee's separation from the service (other
than by retirement); and
(11) "qualified clinical social worker" means an individual - 
(A) who is licensed or certified as a clinical social worker
by the State in which such individual practices; or
(B) who, if such State does not provide for the licensing or
certification of clinical social workers - 
(i) is certified by a national professional organization
offering certification of clinical social workers; or
(ii) meets equivalent requirements (as prescribed by the
Office).