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5 U.S.C. § 9001 — Definitions

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

5 U.S.C. § 9001 — Definitions

For purposes of this chapter: (1) **Employee.—** — The term “employee” means— (A) an employee as defined by section 8901(1); (B) an individual described in section 2105(e); (C) an individual employed by the Tennessee Valley Authority; (D) an employee of a nonappropriated fund instrumentality of the Department of Defense described in section 2105(c); and (E) an employee of the District of Columbia courts. (2) **Annuitant.—** — The term “annuitant” means— (A) any individual who would satisfy the requirements of paragraph (3) of section 8901 if, for purposes of such paragraph, the term “employee” were considered to have the meaning given to it under paragraph (1); (B) any individual who— (i) satisfies all requirements for title to an annuity under subchapter III of chapter 83, chapter 84, or any other retirement system for employees of the Government (whether based on the service of such individual or otherwise), and files application therefor; (ii) is at least 18 years of age; and (iii) would not (but for this subparagraph) otherwise satisfy the requirements of this paragraph; and (C) any former employee who, on the basis of his or her service, would meet all requirements for being considered an “annuitant” within the meaning of subchapter III of chapter 83, chapter 84, or any other retirement system for employees of the Government, but for the fact that such former employee has not attained the minimum age for title to annuity. (3) **Member of the uniformed services.—** — The term “member of the uniformed services” means a member of the uniformed services, other than a retired member of the uniformed services, who is— (A) on active duty or full-time National Guard duty for a period of more than 30 days; or (B) a member of t

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Source file: Laws/federal/codes/united-states-code/title-5/section-9001-definitions--a6bdd9f636.md
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Source location: Title 5, Chapter 90, § 9001; chapter-090-long-term-care-insurance.md

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For purposes of this chapter: (1) **Employee.—** — The term “employee” means— (A) an employee as defined by section 8901(1); (B) an individual described in section 2105(e); (C) an individual employed by the Tennessee Valley Authority; (D) an employee of a nonappropriated fund instrumentality of the Department of Defense described in section 2105(c); and (E) an employee of the District of Columbia courts. (2) **Annuitant.—** — The term “annuitant” means— (A) any individual who would satisfy the requirements of paragraph (3) of section 8901 if, for purposes of such paragraph, the term “employee” were considered to have the meaning given to it under paragraph (1); (B) any individual who— (i) satisfies all requirements for title to an annuity under subchapter III of chapter 83, chapter 84, or any other retirement system for employees of the Government (whether based on the service of such individual or otherwise), and files application therefor; (ii) is at least 18 years of age; and (iii) would not (but for this subparagraph) otherwise satisfy the requirements of this paragraph; and (C) any former employee who, on the basis of his or her service, would meet all requirements for being considered an “annuitant” within the meaning of subchapter III of chapter 83, chapter 84, or any other retirement system for employees of the Government, but for the fact that such former employee has not attained the minimum age for title to annuity. (3) **Member of the uniformed services.—** — The term “member of the uniformed services” means a member of the uniformed services, other than a retired member of the uniformed services, who is— (A) on active duty or full-time National Guard duty for a period of more than 30 days; or (B) a member of the Selected Reserve. (4) **Retired member of the uniformed services.—** — The term “retired member of the uniformed services” means a member or former member of the uniformed services entitled to retired or retainer pay, and a member who has been transferred to the Retired Reserve and who would be entitled to retired pay under chapter 1223 of title 10 but for not having attained the age of 60 and who satisfies such eligibility requirements as the Office of Personnel Management prescribes under section 9008. (5) **Qualified relative.—** — The term “qualified relative” means each of the following: (A) The spouse of an individual described in paragraph (1), (2), (3), or (4). (B) A parent, stepparent, or parent-in-law of an individual described in paragraph (1) or (3). (C) A child (including an adopted child, a stepchild, or, to the extent the Office of Personnel Management by regulation provides, a foster child) of an individual described in paragraph (1), (2), (3), or (4), if such child is at least 18 years of age. (D) An individual having such other relationship to an individual described in paragraph (1), (2), (3), or (4) as the Office may by regulation prescribe. (6) **Eligible individual.—** — The term “eligible individual” refers to an individual described in paragraph (1), (2), (3), (4), or (5). (7) **Qualified carrier.—** — The term “qualified carrier” means an insurance company (or consortium of insurance companies) that is licensed to issue long-term care insurance in all States, taking any subsidiaries of such a company into account (and, in the case of a consortium, considering the member companies and any subsidiaries thereof, collectively). (8) **State.—** — The term “State” includes the District of Columbia. (9) **Qualified long-term care insurance contract.—** — The term “qualified long-term care insurance contract” has the meaning given such term by section 7702B of the Internal Revenue Code of 1986. (10) **Appropriate secretary.—** — The term “appropriate Secretary” means— (A) except as otherwise provided in this paragraph, the Secretary of Defense; (B) with respect to the Coast Guard when it is not operating as a service of the Navy, the Secretary of Homeland Security; (C) with respect to the commissioned corps of the National Oceanic and Atmospheric Administration, the Secretary of Commerce; and (D) with respect to the commissioned corps of the Public Health Service, the Secretary of Health and Human Services.

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

26 U.S.C. § 7702B — Treatment of qualified long-term care insurance

**(a) In general** For purposes of this title— (1) a qualified long-term care insurance contract shall be treated as an accident and health insurance contract, (2) amounts (other than policyholder dividends, as defined in section 808, or premium refunds) received under a qualified long-term care insurance contract shall be treated as amounts received for personal injuries and sickness and shall be treated as reimbursement for expenses actually incurred for medical care (as defined in section 213(d)), (3) any plan of an employer providing coverage under a qualified long-term care insurance contract shall be treated as an accident and health plan with respect to such coverage, (4) except as provided in subsection (e)(3), amounts paid for a qualified long-term care insurance contract providing the benefits described in subsection (b)(2)(A) shall be treated as payments made for insurance for purposes of section 213(d)(1)(D), and (5) a qualified long-term care insurance contract shall be treated as a guaranteed renewable contract subject to the rules of section 816(e). **(b) Qualified long-term care insurance contract** For purposes of this title— (1) **In general** — The term “qualified long-term care insurance contract” means any insurance contract if— (A) the only insurance protection provided under such contract is coverage of qualified long-term care services, (B) such contract does not pay or reimburse expenses incurred for services or items to the extent that such expenses are reimbursable under title XVIII of the Social Security Act or would be so reimbursable but for the application of a deductible or coinsurance amount, (C) such contract is guaranteed renewable, (D) such contract does not provide for a cash surrender value or other money that can

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

6 U.S.C. § 542 — Federal air marshal program

(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security. (2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.

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

5 U.S.C. § 9005 — Preemption

**(a) Contractual Provisions.—** The terms of any contract under this chapter which relate to the nature, provision, or extent of coverage or benefits (including payments with respect to benefits) shall supersede and preempt any State or local law, or any regulation issued thereunder, which relates to long-term care insurance or contracts. **(b) Premiums.—** (1) **In general.—** — No tax, fee, or other monetary payment may be imposed or collected, directly or indirectly, 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 for an insurance policy under this chapter. (2) **Rule of construction.—** — Paragraph (1) shall not be construed to exempt any company or other entity 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 such entity from business conducted under this chapter, if that tax, fee, or payment is applicable to a broad range of business activity.

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

5 U.S.C. § 9001 — Definitions

Page 1283 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 9001 ter 89, to ensure the competitiveness of plans under this chapter. The Office shall cooperate with the Government Accountability Office to provide periodic evaluations of the program. (Added Pub. L. 108–496, § 3, Dec. 23, 2004, 118 Stat. 4010.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Dec. 23, 2004, and applicable to con- tracts that take effect with respect to the calendar year 2006, see section 7 of Pub. L. 108–496, set out as a note under section 8951 of this title. § 8991. Jurisdiction of courts The district courts of the United States have original jurisdiction, concurrent with the United States Court of Federal Claims, of a civil action or claim against the United States under this chapter after such administrative remedies as required under section 8983(d) have been ex- hausted, but only to the extent judicial review is not precluded by any dispute resolution or other remedy under this chapter. (Added Pub. L. 108–496, § 3, Dec. 23, 2004, 118 Stat. 4010.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Dec. 23, 2004, and applicable to con- tracts that take effect with respect to the calendar year 2006, see section 7 of Pub. L. 108–496, set out as a note under section 8951 of this title. § 8992. Administrative functions (a) The Office shall prescribe regulations to carry out this chapter. The regulations may ex- clude an employee on the basis of the nature and type of employment or conditions pertaining to it. (b) The Office shall, as appropriate, provide for coordinated enrollment, promotion, and edu- cation efforts as appropriate in consultation with each qualified company. The information under this subsec

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