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5 U.S.C. § 8716 — Regulations
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Office of Personnel Management may prescribe regulations necessary to carry out the purposes of this chapter.
**(b)** The regulations of the Office may prescribe the time at which and the conditions under which an employee is eligible for coverage under this chapter. The Office, after consulting the head of the agency or other employing authority concerned, may exclude an employee on the basis of the nature and type of his employment or conditions pertaining to it, such as short-term appointment, seasonal, intermittent employment, and employment of like nature. The Office may not exclude—
(1) an employee or group of employees solely on the basis of the hazardous nature of employment;
(2) a teacher in the employ of the Board of Education of the District of Columbia, whose pay is fixed by [section 1501 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1501&num=0&edition=prelim), District of Columbia Code, on the basis of the fact that the teacher is serving under a temporary appointment if the teacher has been so employed by the Board for a period or periods totaling not less than two school years; or
(3) an employee who is occupying a position on a part-time career employment basis (as defined in [section 3401(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3401/2&num=0&edition=prelim)).
**(c)** The Secretary of Agriculture shall prescribe regulations to effect the application and operation of this chapter to an individual named by [section 8701(a)(8) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8701/a/8&num=0&edition=prelim).
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Source file: Laws/federal/codes/united-states-code/title-5/section-8716-regulations--3dd54be89a.md
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Source location: Title 5, Chapter 87, § 8716; chapter-087-life-insurance.md
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**(a)** The Office of Personnel Management may prescribe regulations necessary to carry out the purposes of this chapter.
**(b)** The regulations of the Office may prescribe the time at which and the conditions under which an employee is eligible for coverage under this chapter. The Office, after consulting the head of the agency or other employing authority concerned, may exclude an employee on the basis of the nature and type of his employment or conditions pertaining to it, such as short-term appointment, seasonal, intermittent employment, and employment of like nature. The Office may not exclude—
(1) an employee or group of employees solely on the basis of the hazardous nature of employment;
(2) a teacher in the employ of the Board of Education of the District of Columbia, whose pay is fixed by [section 1501 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1501&num=0&edition=prelim), District of Columbia Code, on the basis of the fact that the teacher is serving under a temporary appointment if the teacher has been so employed by the Board for a period or periods totaling not less than two school years; or
(3) an employee who is occupying a position on a part-time career employment basis (as defined in [section 3401(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3401/2&num=0&edition=prelim)).
**(c)** The Secretary of Agriculture shall prescribe regulations to effect the application and operation of this chapter to an individual named by [section 8701(a)(8) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8701/a/8&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** An amount shall be recorded as an obligation of the United States Government only when supported by documentary evidence of—
(1) a binding agreement between an agency and another person (including an agency) that is—
(A) in writing, in a way and form, and for a purpose authorized by law; and
(B) executed before the end of the period of availability for obligation of the appropriation or fund used for specific goods to be delivered, real property to be bought or leased, or work or service to be provided;
(2) a loan agreement showing the amount and terms of repayment;
(3) an order required by law to be placed with an agency;
(4) an order issued under a law authorizing purchases without advertising—
(A) when necessary because of a public exigency;
(B) for perishable subsistence supplies; or
(C) within specific monetary limits;
(5) a grant or subsidy payable—
(A) from appropriations made for payment of, or contributions to, amounts required to be paid in specific amounts fixed by law or under formulas prescribed by law;
(B) under an agreement authorized by law; or
(C) under plans approved consistent with and authorized by law;
(6) a liability that may result from pending litigation;
(7) employment or services of persons or expenses of travel under law;
(8) services provided by public utilities; or
(9) other legal liability of the Government against an available appropriation or fund.
**(b)** A statement of obligations provided to Congress or a committee of Congress by an agency shall include only those amounts that are obligations consistent with subsection (a) of this section.
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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.
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Federal law — U.S. Code and appendices · legal_authorities
Page 1233
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 8716
(2) An application shall not be considered to be
complete unless it includes such information
and supporting evidence as the regulations re-
quire, including certification by an appropriate
medical authority as to the nature of the indi-
vidual’s illness and that the individual is not ex-
pected to live more than 9 months because of
that illness.
(3)(A) In order to ascertain the reliability of
any medical opinion or finding submitted as
part of an application under this section, the
covered individual may be required to submit to
a medical examination under the direction of
the agency or entity considering the applica-
tion. The individual shall not be liable for the
costs associated with any examination required
under this subparagraph.
(B) Any decision by the reviewing agency or
entity with respect to an application for bene-
fits under this section (including one relating to
an individual’s medical prognosis) shall not be
subject to administrative review.
(4)(A) An individual making an election under
this section may designate that only a limited
portion (expressed as a multiple of $1,000) of the
total amount otherwise allowable under this
section be paid pursuant to such election.
(B) A designation under this paragraph may
not be made by an individual described in para-
graph (1) or (2) of section 8706(b).
(5) An election to receive benefits under this
section shall be irrevocable, and not more than
one such election may be made by any indi-
vidual.
(6) The regulations shall include provisions to
address the question of how to apply section
8706(b)(3)(B) in the case of an electing individual
who has attained 65 years of age.
(Added Pub. L. 103–409, § 2(a), Oct. 25, 1994, 10
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 8716
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