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5 U.S.C. § 8707 — Employee deductions; withholding

Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 8707 — Employee deductions; withholding

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Source file: Laws/federal/codes/united-states-code/title-5/section-8707-employee-deductions-withholding--3ff791a18a.md
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Source location: Title 5, Chapter 87, § 8707; chapter-087-life-insurance.md

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**(a)** Subject to subsection (c)(2), during each period in which an employee is insured under a policy purchased by the Office of Personnel Management under [section 8709 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8709&num=0&edition=prelim), there shall be withheld from the employee’s pay a share of the cost of the group life insurance and accidental death and dismemberment insurance. **(b)** (1) Subject to subsection (c)(2), whenever life insurance continues after an employee retires on an immediate annuity or while the employee is receiving compensation under subchapter I of chapter 81 of this title because of disease or injury to the employee, as provided in [section 8706(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8706/b&num=0&edition=prelim), deductions for insurance shall be withheld from the employee’s annuity or compensation, except that, in any case in which the insurance is continued as provided in [section 8706(b)(3)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8706/b/3/A&num=0&edition=prelim), the deductions shall not be made for months after the calendar month in which the employee becomes 65 years of age. (2) Notwithstanding paragraph (1) of this subsection, insurance shall be so continued without cost (other than as provided under section 8706(b)(3)(B)) to each employee who so retires, or commences receiving compensation, on or before December 31, 1989. **(c)** (1) The amount withheld from the pay, annuity, or compensation of each employee subject to insurance deductions shall be at the rate, adjusted to the nearest half-cent, of 66⅔ percent of the level cost as determined by the Office for each $1,000 of the employee’s basic insurance amount. (2) An employee who is subject to withholdings under this section and whose pay, annuity, or compensation is insufficient to cover such withholdings may nevertheless continue insurance if the employee arranges to pay currently into the Employees’ Life Insurance Fund, through the agency or retirement system that administers pay, annuity, or compensation, an amount equal to the withholdings that would otherwise be required under this section. **(d)** If an agency fails to withhold the proper amount of life insurance deductions from an individual’s salary, compensation, or retirement annuity, the collection of unpaid deductions may be waived by the agency if, in the judgment of the agency, the individual is without fault and recovery would be against equity and good conscience. However, if the agency so waives the collection of unpaid deductions, the agency shall submit an amount equal to the sum of the uncollected deductions and related agency contributions required under [section 8708 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8708&num=0&edition=prelim) to the Office for deposit to the Employees’ Life Insurance Fund.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 8701 — Definitions

**(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

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8701

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 8704 — Group insurance; amounts

**(a)** An employee eligible for insurance is entitled to be insured for an amount of group life insurance equal to— (1) the employee’s basic insurance amount, multiplied by (2) the appropriate factor determined on the basis of the employee’s age in accordance with the following schedule: If the age of the employee isThe appropriate factor is: 35 or under2.0 361.9 371.8 381.7 391.6 401.5 411.4 421.3 431.2 441.1 45 or over1.0. **(b)** An employee eligible for insurance is entitled to be insured for group accidental death and dismemberment insurance in accordance with this subsection. Subject to the conditions and limitations approved by the Office of Personnel Management which are contained in the policy purchased by the Office, the group accidental death and dismemberment insurance provides payment as follows: LossAmount payable For loss of lifeFull amount of the employee’s basic insurance amount. Loss of one hand or of one foot or loss of sight of one eyeOne-half the amount of the employee’s basic insurance amount. Loss of two or more such membersFull amount of the employee’s basic insurance amount. For any one accident the aggregate amount of group accidental death and dismemberment insurance that may be paid may not exceed an amount equal to the employee’s basic insurance amount. **(c)** The Office shall prescribe regulations providing for the conversion of other than annual rates of pay to annual rates of pay and shall specify the types of pay included in annual pay. For the purpose of this chapter, “annual pay” includes— (1) premium pay under [section 5545(c)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5545/c/1&num=0&edition=prelim); and (2) with respect to a law enforcement officer as defined in section 8331(2

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 8709 — Insurance policies

**(a)** The Office of Personnel Management, without regard to section 6101(b) to (d) of title 41, may purchase from one or more life insurance companies a policy or policies of group life and accidental death and dismemberment insurance to provide the benefits specified by this chapter. A company must meet the following requirements: (1) It must be licensed to transact life and accidental death and dismemberment insurance under the laws of 48 of the States and the District of Columbia. (2) It must have in effect, on the most recent December 31 for which information is available to the Office, an amount of employee group life insurance equal to at least 1 percent of the total amount of employee group life insurance in the United States in all life insurance companies. **(b)** A company issuing a policy under subsection (a) of this section shall establish an administrative office under a name approved by the Office. **(c)** The Office at any time may discontinue a policy purchased from a company under subsection (a) of this section. **(d)** (1) The provisions of any contract under this chapter which relate to the nature or extent of coverage or benefits (including payments with respect to benefits) shall supersede and preempt any law of any State or political subdivision thereof, or any regulation issued thereunder, which relates to group life insurance to the extent that the law or regulation is inconsistent with the contractual provisions. (2) For the purpose of this section, “State” means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and a territory or possession of the United States.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 8708 — Government contributions

**(a)** For each period in which an employee is insured under a policy of insurance purchased by the Office of Personnel Management under [section 8709 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8709&num=0&edition=prelim), a sum equal to one-half the amount which is withheld from the pay of the employee under [section 8707 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8707&num=0&edition=prelim) shall be contributed from the appropriation or fund which is used to pay him. **(b)** When an employee is paid by the Chief Administrative Officer of the House of Representatives, the Chief Administrative Officer may contribute the sum required by subsection (a) of this section from the applicable accounts of the House of Representatives. **(c)** When the employee is an elected official, the sum required by subsection (a) of this section is contributed from an appropriation or fund available for payment of other salaries of the same office or establishment. **(d)** (1) Except as otherwise provided in this subsection, for each period in which an employee continues life insurance after retirement or while in receipt of compensation under subchapter I of chapter 81 of this title because of disease or injury to the employee, as provided under [section 8706(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8706/b&num=0&edition=prelim), a sum equal to one-half of the amount which is withheld from the employee’s annuity or compensation under [section 8707 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8707&num=0&edition=prelim) shall be contributed by the Office from annual appropriations which are authorized

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 1101 — Office of Personnel Management

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.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 8706 — Termination of insurance; assignment of ownership

**(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

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 8714 — Employees’ Life Insurance Fund

**(a)** The amounts withheld from employees under [section 8707 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8707&num=0&edition=prelim) and the sums contributed from appropriations and funds under [section 8708 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8708&num=0&edition=prelim) shall be deposited in the Treasury of the United States to the credit of the Employees’ Life Insurance Fund. The Fund is available without fiscal year limitation for— (1) premium payments under an insurance policy purchased under this chapter; and (2) expenses incurred by the Office of Personnel Management in the administration of this chapter within the limitations that may be specified annually by appropriation acts. **(b)** The Secretary of the Treasury may invest and reinvest any of the money in the Fund in interest-bearing obligations of the United States, and may sell these obligations for the purposes of the Fund. The interest on and the proceeds from the sale of these obligations, and the income derived from dividend or premium rate adjustments from insurers, become a part of the Fund. **(c)** (1) No tax, fee, or other monetary payment may be imposed or collected by any State, the District of Columbia, or the Commonwealth of Puerto Rico, or by any political subdivision or other governmental authority thereof, on, or with respect to, any premium paid under an insurance policy purchased under this chapter. (2) Paragraph (1) of this subsection shall not be construed to exempt any company issuing a policy of insurance under this chapter from the imposition, payment, or collection of a tax, fee, or other monetary payment on the net income or profit accruing to or realized by that company from bu

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 8707 — Employee deductions; withholding

Page 1221 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8707 § 8707. Employee deductions; withholding (a) Subject to subsection (c)(2), during each pe- riod in which an employee is insured under a policy purchased by the Office of Personnel Management under section 8709 of this title, there shall be withheld from the employee’s pay a share of the cost of the group life insurance and accidental death and dismemberment insur- ance. (b)(1) Subject to subsection (c)(2), whenever life insurance continues after an employee re- tires on an immediate annuity or while the em- ployee is receiving compensation under sub- chapter I of chapter 81 of this title because of disease or injury to the employee, as provided in section 8706(b) of this title, deductions for insur- ance shall be withheld from the employee’s an- nuity or compensation, except that, in any case in which the insurance is continued as provided in section 8706(b)(3)(A) of this title, the deduc- tions shall not be made for months after the cal- endar month in which the employee becomes 65 years of age. (2) Notwithstanding paragraph (1) of this sub- section, insurance shall be so continued without cost (other than as provided under section 8706(b)(3)(B)) to each employee who so retires, or commences receiving compensation, on or be- fore December 31, 1989. (c)(1) The amount withheld from the pay, an- nuity, or compensation of each employee subject to insurance deductions shall be at the rate, ad- justed to the nearest half-cent, of 662⁄3 percent of the level cost as determined by the Office for each $1,000 of the employee’s basic insurance amount. (2) An employee who is subject to withholdings under this section and whose pay, annuity, or compensation is insufficient to cover such wi

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