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NOTES:


Source

(, Sept. 6, 1966, ; , § 1(92), Sept. 11, 1967, ; , Oct. 21, 1972, ; , title IX, § 906(a)(2), (3), Oct. 13, 1978, ; , § 1(a), Nov. 2, 1978, ; , § 3(a), Oct. 10, 1980, ; , title II, §§ 206, 208, July 10, 1984, , as amended by , § 7(1), June 19, 1986, ; , § 3(b), June 17, 1985, ; , title II, § 207(k)(2), June 6, 1986, ; , § 7(1), June 19, 1986, ; , § 2(74), Oct. 2, 1992, ; , § 4, Oct. 3, 1994, ; , § 2, July 22, 1998, ; , § 5, Oct. 30, 1998, .)

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, § 6, 68 Stat. 739.
Aug. 11, 1955, ch. 794, § 2(a), 69 Stat. 677.
May 28, 1956, ch. 328, § 1, 70 Stat. 213.
Sept. 23, 1959, Pub. L. 86–377, § 4(c), 73 Stat. 701.
(d) 5 U.S.C. 2091(c). Aug. 1, 1956, ch. 837, § 501(c)(1) (less applicability to § 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 . 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 precludes acquisition of coverage by a member of a uniformed service. The words “section of title ” are substituted for “section of title ” on authority of section 5(a) of the Act of Sept. 2, 1958, , . 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 title 5 Source (U.S. Code) Source (Statutes at Large)
8706(e) 5 App.: 2095(d). July 18, 1966, Pub. L. 89–504, § 406(a), 80 Stat. 298.

The words “subsections (a)–(c) of this section” are substituted for “the foregoing” to reflect the codification of former U.S.C. 2095. The word “officer” is omitted as included in “employee.” The words “as defined by section of this title” are substituted for “as defined in section 2 of the Act” to reflect the codification of that section in U.S.C. . 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). designated existing provisions as par. (1) and added par. (2). Subsec. (g). added subsec. (g). 1994—Subsec. (e). 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). redesignated subsec. (g) as (f). 1986—Subsec. (a). , § 206, as amended generally by , § 7(1), inserted sentence which deemed justices and judges described in section and (iii) of this chapter to continue in active employment for purposes of this chapter. Subsecs. (c) to (f). 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 of title . 1985—Subsec. (g). added subsec. (g). 1984—, § 208(b), inserted “; assignment of ownership” in section catchline. Subsec. (f). , § 208(a), added subsec. (f). 1980—Subsec. (b). 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 of chapter 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). substituted “Office of Personnel Management” and “Office” for “Civil Service Commission” and “Commission”, respectively. Subsec. (b). , § 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.” , which substituted “Office” for “Commission”, was executed to text of subsec. (b) as amended by . See Effective Date of 1978 Amendments note below. Subsec. (c). , § 1(a)(1), (2), struck out “If on the date the insurance would otherwise stop the employee is receiving benefits under subchapter of chapter 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). , § 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). , § 1(a)(2), redesignated subsecs. (e) and (f) as (d) and (e), respectively. 1972—Subsec. (f). added subsec. (f).

Effective Date of 1998 Amendment
Amendment by 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 , set out as a note under section of this title.

Effective Date of 1986 Amendments
Section 207 of , as amended generally by , § 7(2), provided that: “The amendments to chapter of title , United States Code, made by section 206 of this Act [which, as amended generally by , § 7(1), amended this section and sections to of this title] shall apply in the case of any justice or judge who is retired under section or or of title , United States Code. The amendments apply to those who retire on or after January 1, 1982.” Amendment by effective Jan. 1, 1987, see section 702(a) of , set out as an Effective Date note under section of this title.

Effective Date of 1984 Amendment
Section 209 of provided that: “(a) Except as provided in subsection (b), the amendments made by this Act to section of title , 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 of title ’] shall apply to such policy.”

Effective Date of 1980 Amendment
Amendment by 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 , set out as a note under section of this title.

Effective Date of 1978 Amendments
Section 3 of provided that: “The amendments made by this Act [amending this section and sections , , and of this title] shall take effect on the date of the enactment of this Act [Nov. 2, 1978].” Amendment by effective 90 days after Oct. 13, 1978, see section 907 of , set out as a note under section of this title.

Insurance Coverage for Restored Disability Annuitants
Section 3(c) of provided that: “(1) The amendments made by this section [amending this section and section of this title] shall apply with respect to any individual whose disability annuity is or was restored under section of title , 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 or section of title , 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 of title , United States Code, after December 31, 1983. “(3)(A) Nothing in this section shall be construed to authorize— “(i) coverage under chapter of title , 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 of title , 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 of title , 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
, title IV, § 406(c), July 18, 1966, , 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 ( U.S.C. 2091) [section of this title] or section 2 of the Federal employees Health Benefits Act of 1959, as amended ( U.S.C. 3001) [section 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 .]

Section Referred to in Other Sections
This section is referred to in sections , , , , , of this title.

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