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5 U.S.C. § 8701 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
**(a)** For the purpose of this chapter, “employee” means—
(1) an employee as defined by [section 2105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2105&num=0&edition=prelim);
(2) a Member of Congress as defined by [section 2106 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2106&num=0&edition=prelim);
(3) a Congressional employee as defined by [section 2107 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2107&num=0&edition=prelim);
(4) the President;
(5) a justice or judge of the United States appointed to hold office during good behavior (i) who is in regular active judicial service, or (ii) who is retired from regular active service under section 371(b) or 372(a) of title 28, United States Code, or (iii) who has resigned the judicial office under [section 371(a) of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section371/a&num=0&edition=prelim) with the continued right during the remainder of his lifetime to receive the salary of the office at the time of his resignation;
(6) an individual first employed by the government of the District of Columbia before October 1, 1987;
(7) an individual employed by Gallaudet College; 11 See Change of Name note below.
(8) an individual employed by a county committee established under [section 590h(b) of title 16](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section590h/b&num=0&edition=prelim);
(9) 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
(10) an individual appointed to a position on the office staff of a former President, or a form
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Stable record: federal_law:legal_authorities:record_usc_79e22049f7ac3cbd5c1b745d
Source file: Laws/federal/codes/united-states-code/title-5/section-8701-definitions--03e5ae77f1.md
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Passage SHA-256: a2d2265770980b9cd8f2e52344ae6e54c41ebdb99c6ee1aa40ed1991cfa97bdf
Source location: Title 5, Chapter 87, § 8701; chapter-087-life-insurance.md
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**(a)** For the purpose of this chapter, “employee” means—
(1) an employee as defined by [section 2105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2105&num=0&edition=prelim);
(2) a Member of Congress as defined by [section 2106 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2106&num=0&edition=prelim);
(3) a Congressional employee as defined by [section 2107 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2107&num=0&edition=prelim);
(4) the President;
(5) a justice or judge of the United States appointed to hold office during good behavior (i) who is in regular active judicial service, or (ii) who is retired from regular active service under section 371(b) or 372(a) of title 28, United States Code, or (iii) who has resigned the judicial office under [section 371(a) of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section371/a&num=0&edition=prelim) with the continued right during the remainder of his lifetime to receive the salary of the office at the time of his resignation;
(6) an individual first employed by the government of the District of Columbia before October 1, 1987;
(7) an individual employed by Gallaudet College; 11 See Change of Name note below.
(8) an individual employed by a county committee established under [section 590h(b) of title 16](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section590h/b&num=0&edition=prelim);
(9) 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
(10) an individual appointed to a position on the office staff of a former President, or a former Vice President under section 5 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 paragraph of this subsection;
but does not include—
(A) an employee of a corporation supervised by the Farm Credit Administration if private interests elect or appoint a member of the board of directors;
(B) 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; or
(C) an employee excluded by regulation of the Office of Personnel Management under [section 8716(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8716/b&num=0&edition=prelim).
**(b)** Notwithstanding subsection (a) of this section, the employment of a teacher in the recess period between two school years in a position other than a teaching position in which he served immediately before the recess period does not qualify the individual as an employee for the purpose of this chapter. For the purpose of this subsection, “teacher” and “teaching position” have the meanings given them by [section 901 of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section901&num=0&edition=prelim).
**(c)** For the purpose of this chapter, “basic insurance amount” means, in the case of any employee under this chapter, an amount equal to the greater of—
(1) the annual rate of basic pay payable to the employee, rounded to the next higher multiple of $1,000, plus $2,000, or
(2) $10,000.
In the case of any former employee entitled to coverage under this chapter, the term means the basic insurance amount applicable for the employee at the time the insurance to which the employee is entitled as an employee under this chapter stops pursuant to [section 8706(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8706/a&num=0&edition=prelim).
**(d)**
(1) For the purpose of this chapter, “family member”, when used with respect to any individual, means—
(A) the spouse of the individual; and
(B) an unmarried dependent child of the individual (other than a stillborn child), including an adopted child, stepchild or foster child (but only if the stepchild or foster child lived with the individual in a regular parent-child relationship), or recognized natural child—
(i) who is less than 22 years of age, or
(ii) who is 22 years of age or older and is incapable of self-support because of a mental or physical disability which existed before the child became 22 years of age.
(2) For the purpose of this subsection, “dependent”, in the case of any child, means that the individual involved was, at the time of the child’s death, either living with or contributing to the support of the child, as determined in accordance with the regulations the Office shall prescribe.
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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
The President shall receive in full for his services during the term for which he shall have been elected compensation in the aggregate amount of $400,000 a year, to be paid monthly, and in addition an expense allowance of $50,000 to assist in defraying expenses relating to or resulting from the discharge of his official duties. Any unused amount of such expense allowance shall revert to the Treasury pursuant to [section 1552 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1552&num=0&edition=prelim), United States Code. No amount of such expense allowance shall be included in the gross income of the President. He shall be entitled also to the use of the furniture and other effects belonging to the United States and kept in the Executive Residence at the White House.
Source: Supplied U.S. Code snapshot — release unconfirmed · 3 U.S.C. § 102
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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)** For the purpose of this section, an individual shall be considered to be “terminally ill” if such individual has a medical prognosis that such individual’s life expectancy is 9 months or less.
**(b)** The Office of Personnel Management shall prescribe regulations under which any individual covered by group life insurance under section 8704(a) may, if such individual is terminally ill, elect to receive a lump-sum payment equal to—
(1) the full amount of insurance under section 8704(a) (or portion thereof designated for this purpose under subsection (d)(4)) which would otherwise be payable under this chapter (on the establishment of a valid claim)—
(A) computed based on a date determined under regulations of the Office (but not later than 30 days after the date on which the individual’s application for benefits under this section is approved or deemed approved under subsection (d)(3)); and
(B) assuming continued coverage under this chapter at that time;
reduced by
(2) an amount necessary to assure that there is no increase in the actuarial value of the benefit paid (as determined under regulations of the Office).
**(c)**
(1) If a lump-sum payment is taken under this section—
(A) no insurance under the provisions of section 8704(a) or (b) shall be payable based on the death or any loss of the individual involved, unless the lump-sum payment represents only a portion of the total benefits which could have been taken, in which case benefits under those provisions shall remain in effect, except that the basic insurance amount on which they are based—
(i) shall be reduced by the percentage which the designated portion comprised relative to the total benefits which could have been taken (rounding the result to the nearest multiple of $1,000 or, if m
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8714d
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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
**(a)** For the purpose of this title, “employee”, except as otherwise provided by this section or when specifically modified, means an officer and an individual who is—
(1) appointed in the civil service by one of the following acting in an official capacity—
(A) the President;
(B) a Member or Members of Congress, or the Congress;
(C) a member of a uniformed service;
(D) an individual who is an employee under this section;
(E) the head of a Government controlled corporation; or
(F) an adjutant general designated by the Secretary concerned under [section 709(c) of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section709/c&num=0&edition=prelim);
(2) engaged in the performance of a Federal function under authority of law or an Executive act; and
(3) subject to the supervision of an individual named by paragraph (1) of this subsection while engaged in the performance of the duties of his position.
**(b)** An individual who is employed at the United States Naval Academy in the midshipmen’s laundry, the midshipmen’s tailor shop, the midshipmen’s cobbler and barber shops, and the midshipmen’s store, except an individual employed by the Academy dairy (if any), and whose employment in such a position began before October 1, 1996, and has been uninterrupted in such a position since that date is deemed an employee.
**(c)** An employee paid from nonappropriated funds of the Army and Air Force Exchange Service, Navy Ships Stores Program, Navy exchanges, Marine Corps exchanges, Coast Guard exchanges, and other instrumentalities of the United States under the jurisdiction of the armed forces conducted for the comfort, pleasure, contentment, and mental and physical improvement of personnel of the armed forces is deemed not an emp
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 2105
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Any judge of the District Court of Guam, the District Court of the Northern Mariana Islands, or the District Court of the Virgin Islands who retires from office after attaining the age and meeting the service requirements whether continuous or otherwise, of subsection (b) shall, during the remainder of his lifetime, receive an annuity equal to the salary he is receiving at the time he retires.
**(b)** The age and service requirements for retirement under subsection (a) of this section are as follows: Attained age:Years of service: 6515 6614 6713 6812 6911 7010
**(c)**
(1) Any judge or former judge who is receiving an annuity pursuant to this section may elect to become a senior judge of the court upon which he served before retiring.
(2) The chief judge of a judicial circuit may recall any such senior judge, with the judge’s consent, to perform, for the court from which he retired, such judicial duties for such periods of time as the chief judge may specify.
(3) Any act or failure to act by a senior judge performing judicial duties pursuant to recall under paragraph (2) of this subsection shall have the same force and effect as if it were an act or failure to act of a judge on active duty; but such senior judge shall not be counted as a judge of the court on which he is serving as a recalled annuitant for purposes of the number of judgeships authorized for that court.
(4) Any senior judge performing judicial duties pursuant to recall under paragraph (2) of this subsection shall be paid, while performing such duties, the same compensation (in lieu of the annuity payable under subsection (a) of this section) and the same allowances for travel and other expenses as a judge on active duty with the court being served.
(5) Any senior judge performing judicial d
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 373
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of this chapter—
(1) the term “account” means an account established and maintained under [section 8439(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8439/a&num=0&edition=prelim);
(2) the term “annuitant” means a former employee or Member who, on the basis of that individual’s service, meets all requirements for title to an annuity under subchapter II or V of this chapter and files claim therefor;
(3) the term “average pay” means the largest annual rate resulting from averaging an employee’s or Member’s rates of basic pay in effect over any 3 consecutive years of service or, in the case of an annuity under this chapter based on service of less than 3 years, over the total service, with each rate weighted by the period it was in effect;
(4) the term “basic pay” has the meaning given such term by section 8331(3);
(5) the term “Board” means the Federal Retirement Thrift Investment Board established by [section 8472(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8472/a&num=0&edition=prelim);
(6) the term “Civil Service Retirement and Disability Fund” or “Fund” means the Civil Service Retirement and Disability Fund under section 8348;
(7) the term “court” means any court of any State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, or the Virgin Islands, and any Indian court;
(8) the term “Director” means the Director of the Office of Personnel Management;
(9) the term “dynamic assumptions” means economic assumptions that are used in determining actuarial costs and liabilities of a retirement system and in anticipating the effects of long-term future—
(A) investment yields;
(B) increases in rates of basic p
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8401
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of this title, “Member of Congress” means the Vice President, a member of the Senate or the House of Representatives, a Delegate to the House of Representatives, and the Resident Commissioner from Puerto Rico.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 2106
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of this title, “Congressional employee” means—
(1) an employee of either House of Congress, of a committee of either House, or of a joint committee of the two Houses;
(2) an elected officer of either House who is not a Member of Congress;
(3) the Legislative Counsel of either House and an employee of his office;
(4) a member or employee of the Capitol Police;
(5) an employee of a Member of Congress if the pay of the employee is paid by the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives;
(6) Repealed. Pub. L. 90–83, § 1(5)(A), Sept. 11, 1967, 81 Stat. 196.]
(7) the Architect of the Capitol and an employee of the Architect of the Capitol;
(8) an employee of the Botanic Garden; and
(9) an employee of the Office of Congressional Accessibility Services.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 2107
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