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5 U.S.C. § 8705 — Death claims; order of precedence; escheat
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided in subsection (e), the amount of group life insurance and group accidental death insurance in force on an employee at the date of his death shall be paid, on the establishment of a valid claim, to the person or persons surviving at the date of his death, in the following order of precedence:First, to the beneficiary or beneficiaries designated by the employee in a signed and witnessed writing received before death in the employing office or, if insured because of receipt of annuity or of benefits under subchapter I of chapter 81 of this title as provided by [section 8706(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8706/b&num=0&edition=prelim), in the Office of Personnel Management. For this purpose, a designation, change, or cancellation of beneficiary in a will or other document not so executed and filed has no force or effect. Second, if there is no designated beneficiary, to the widow or widower of the employee. Third, if none of the above, to the child or children of the employee and descendants of deceased children by representation. Fourth, if none of the above, to the parents of the employee or the survivor of them. Fifth, if none of the above, to the duly appointed executor or administrator of the estate of the employee. Sixth, if none of the above, to other next of kin of the employee entitled under the laws of the domicile of the employee at the date of his death.
**(b)** If, within 1 year after the death of the employee, no claim for payment has been filed by a person entitled under the order of precedence named by subsection (a) of this section, or if payment to the person within that period is prohibited by Federal statute or regulation, payment may be made in the order of preceden
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Source file: Laws/federal/codes/united-states-code/title-5/section-8705-death-claims-order-of-precedence-escheat--71b0ac0346.md
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Source location: Title 5, Chapter 87, § 8705; chapter-087-life-insurance.md
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**(a)** Except as provided in subsection (e), the amount of group life insurance and group accidental death insurance in force on an employee at the date of his death shall be paid, on the establishment of a valid claim, to the person or persons surviving at the date of his death, in the following order of precedence:First, to the beneficiary or beneficiaries designated by the employee in a signed and witnessed writing received before death in the employing office or, if insured because of receipt of annuity or of benefits under subchapter I of chapter 81 of this title as provided by [section 8706(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8706/b&num=0&edition=prelim), in the Office of Personnel Management. For this purpose, a designation, change, or cancellation of beneficiary in a will or other document not so executed and filed has no force or effect. Second, if there is no designated beneficiary, to the widow or widower of the employee. Third, if none of the above, to the child or children of the employee and descendants of deceased children by representation. Fourth, if none of the above, to the parents of the employee or the survivor of them. Fifth, if none of the above, to the duly appointed executor or administrator of the estate of the employee. Sixth, if none of the above, to other next of kin of the employee entitled under the laws of the domicile of the employee at the date of his death.
**(b)** If, within 1 year after the death of the employee, no claim for payment has been filed by a person entitled under the order of precedence named by subsection (a) of this section, or if payment to the person within that period is prohibited by Federal statute or regulation, payment may be made in the order of precedence as if the person had predeceased the employee, and the payment bars recovery by any other person.
**(c)** If, within 2 years after the death of the employee, no claim for payment has been filed by a person entitled under the order of precedence named by subsection (a) of this section, and neither the Office nor the administrative office established by the company concerned pursuant to [section 8709(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8709/b&num=0&edition=prelim) has received notice that such a claim will be made, payment may be made to the claimant who in the judgment of the Office is equitably entitled thereto, and the payment bars recovery by any other person.
**(d)** If, within 4 years after the death of the employee, payment has not been made under this section and no claim for payment by a person entitled under this section is pending, the amount payable escheats to the credit of the Employees’ Life Insurance Fund.
**(e)**
(1) Any amount which would otherwise be paid to a person determined under the order of precedence named by subsection (a) shall be paid (in whole or in part) by the Office to another person if and to the extent expressly provided for in the terms of any court decree of divorce, annulment, or legal separation, or the terms of any court order or court-approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation.
(2) For purposes of this subsection, a decree, order, or agreement referred to in paragraph (1) shall not be effective unless it is received, before the date of the covered employee’s death, by the employing agency or, if the employee has separated from service, by the Office.
(3) A designation under this subsection with respect to any person may not be changed except—
(A) with the written consent of such person, if received as described in paragraph (2); or
(B) by modification of the decree, order, or agreement, as the case may be, if received as described in paragraph (2).
(4) The Office shall prescribe any regulations necessary to carry out this subsection, including regulations for the application of this subsection in the event that two or more decrees, orders, or agreements, are received with respect to the same amount.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** A policy purchased under this chapter shall contain a provision, approved by the Office of Personnel Management, to the effect that insurance on an employee stops on his separation from the service or 12 months after discontinuance of his pay, whichever is earlier, subject to a provision for temporary extension of life insurance coverage and for conversion to an individual policy of life insurance under conditions approved by the Office. 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.
**(b)**
(1) In the case of any employee who retires on an immediate annuity and has been insured under this chapter throughout—
(A) the 5 years of service immediately preceding the date of the employee’s retirement, or
(B) the full period or periods of service during which the employee was entitled to be insured, if fewer than 5 years,
life insurance, without accidental death and dismemberment insurance, may be continued, under conditions determined by the Office.
(2) In the case of any employee who becomes entitled to receive 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 the date the employee becomes entitled to compensation, or
(B) the full period or periods of service during which the employee was entitled to be insured, if fewer than 5 years,
life insurance, without accidental death and dismemberment insurance, may be continued, under conditions determined by the Office, during the period the employee is receiving compensation and is held by the Secretary of Labor or the Secr
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8706
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Federal law — U.S. Code and appendices · legal_authorities
The Office of Personnel Management is an independent establishment in the executive branch. The Office shall have an official seal, which shall be judicially noticed, and shall have its principal office in the District of Columbia, and may have field offices in other appropriate locations.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 1101
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Under the conditions, directives, and terms specified in sections 8709–8712 of this title, the Office of Personnel Management, without regard to section 6101(b) to (d) of title 41, may purchase a policy which shall make available to each insured employee equal amounts of optional life insurance and accidental death and dismemberment insurance in addition to the amounts provided in [section 8704(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8704/a&num=0&edition=prelim).
**(b)**
(1) An employee who is deployed in support of a contingency operation (as that term is defined in [section 101(a)(13) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section101/a/13&num=0&edition=prelim)) or an employee of the Department of Defense who is designated as emergency essential under [section 1580 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1580&num=0&edition=prelim) shall be insured under the policy of insurance under this section if the employee, within 60 days after the date of notification of deployment or designation, elects to be insured under the policy of insurance. An election under this paragraph shall be effective when provided to the Office in writing, in the form prescribed by the Office, within such 60-day period.
(2) The optional life insurance and accidental death and dismemberment insurance shall be made available to each insured employee under such conditions as the Office shall prescribe and in amounts approved by the Office but not more than the greater of $10,000 or an amount which, when added to the amount provided in [section 8704(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8704/a&
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8714a
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Under the conditions, directives, and terms specified in sections 8709 through 8712 of this title, the Office of Personnel Management, without regard to section 6101(b) to (d) of title 41, may purchase a policy which shall make available to each employee insured under [section 8702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8702&num=0&edition=prelim) amounts of additional optional life insurance (without accidental death and dismemberment insurance). An employee may elect coverage under this section without regard to whether the employee has elected coverage under optional insurance available under [section 8714a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8714a&num=0&edition=prelim).
**(b)**
(1) An employee who is deployed in support of a contingency operation (as that term is defined in [section 101(a)(13) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section101/a/13&num=0&edition=prelim)) or an employee of the Department of Defense who is designated as emergency essential under [section 1580 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1580&num=0&edition=prelim) shall be insured under the policy of insurance under this section if the employee, within 60 days after the date of notification of deployment or designation, elects to be insured under the policy of insurance. An election under this paragraph shall be effective when provided to the Office in writing, in the form prescribed by the Office, within such 60-day period.
(2) The additional optional insurance provided under this section shall be made available to each eligible employee who has elected coverage under this section, under
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8714b
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Under the conditions, directives, and terms specified in sections 8709 through 8712 of this title, the Office of Personnel Management, without regard to section 6101(b) to (d) of title 41, may purchase a policy which shall make available to each employee insured under [section 8702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8702&num=0&edition=prelim) amounts of optional life insurance (without accidental death and dismemberment insurance) on the employee’s family members.
**(b)**
(1) The optional life insurance on family members provided under this section shall be made available to each eligible employee who has elected coverage under this section, under conditions the Office shall prescribe, in multiples, at the employee’s election, of 1, 2, 3, 4, or 5 times—
(A) $5,000 for a spouse; and
(B) $2,500 for each child described under section 8701(d).
(2) An employee may reduce or stop coverage elected pursuant to this section at any time.
**(c)**
(1) Except as otherwise provided in this subsection, the optional life insurance on family members shall stop at the earlier of the employee’s death, the employee’s separation from the service, or 12 months after discontinuance of pay, subject to a provision for temporary extension of life insurance coverage and for conversion to individual policies of life insurance under conditions approved by the Office.
(2) In the case of any employee who retires on an immediate annuity or who becomes entitled to receive compensation under subchapter I of chapter 81 of this title because of disease or injury to the employee and who has had in force insurance under this section for no less than—
(A) the 5 years of service immediately preceding the date of retirement or entitl
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8714c
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Federal law — U.S. Code and appendices · legal_authorities
Page 1216
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 8705
first pay period which begins on or after Oct. 10, 1980,
see section 10(b) of Pub. L. 96–427, set out as a note
under section 8701 of this title.
Pub. L. 96–427, § 2(f), Oct. 10, 1980, 94 Stat. 1832, pro-
vided that: ‘‘Subsections (b) and (c) of this section
[amending this section] shall take effect beginning
with the first pay period beginning on or after October
1, 1981.’’
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by section 801(a)(3)(E) of Pub. L. 95–454
effective on first day of first applicable pay period be-
ginning on or after 90th day after Oct. 13, 1978, see sec-
tion 801(a)(4) of Pub. L. 95–454, set out as an Effective
Date note under section 5361 of this title.
Amendment by section 906(a)(2), (3) of 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.
EFFECTIVE DATE OF 1972 AMENDMENT
Amendment by Pub. L. 92–392 effective on first day of
first applicable pay period beginning on or after 90th
day after Aug. 19, 1972, see section 15(a) of Pub. L.
92–392, set out as an Effective Date note under section
5341 of this title.
EFFECTIVE DATE OF 1967 AMENDMENT
Pub. L. 90–206, title IV, § 405(a), Dec. 16, 1967, 81 Stat.
648, provided that: ‘‘The amendments made by sections
401 to 403, inclusive, of this Act [amending this section
and sections 8707 and 8708 of this title] shall take effect
on the first day of the first pay period which begins on
or after the sixtieth day following the date of enact-
ment [Dec. 16, 1967]. In the case of an employee who
dies or retires during the period beginning on the date
of enactment of this Act and prior to the effective date
prescribed by this subsection,
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