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5 U.S.C. § 9005 — Preemption
Federal law — U.S. Code and appendices · legal_authorities
**(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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Source location: Title 5, Chapter 90, § 9005; chapter-090-long-term-care-insurance.md
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**(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
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
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 9001
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Federal law — U.S. Code and appendices · legal_authorities
Page 1287
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 9005
lough resulting from a lapse in appropriations, includ-
ing provision for direct payment to carrier for certain
individuals, see section 1111(b) of Pub. L. 116–92, set out
as a note under section 8956 of this title.
§ 9004. Financing
(a) IN GENERAL.—Each eligible individual ob-
taining long-term care insurance coverage under
this chapter shall be responsible for 100 percent
of the premiums for such coverage.
(b) WITHHOLDINGS.—
(1) IN
GENERAL.—The amount necessary to
pay the premiums for enrollment may—
(A) in the case of an employee, be withheld
from the pay of such employee;
(B) in the case of an annuitant, be with-
held from the annuity of such annuitant;
(C) in the case of a member of the uni-
formed services described in section 9001(3),
be withheld from the pay of such member;
and
(D) in the case of a retired member of the
uniformed services described in section
9001(4), be withheld from the retired pay or
retainer pay payable to such member.
(2) VOLUNTARY WITHHOLDINGS FOR QUALIFIED
RELATIVES.—Withholdings to pay the pre-
miums for enrollment of a qualified relative
may, upon election of the appropriate eligible
individual (described in section 9001(1)–(4)), be
withheld under paragraph (1) to the same ex-
tent and in the same manner as if enrollment
were for such individual.
(c) DIRECT PAYMENTS.—All amounts withheld
under this section shall be paid directly to the
carrier.
(d) OTHER FORMS OF PAYMENT.—Any enrollee
who does not elect to have premiums withheld
under subsection (b) or whose pay, annuity, or
retired or retainer pay (as referred to in sub-
section (b)(1)) is insufficient to cover the with-
holding required for enrollment (or who is not
receiving any regular amount
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 9005
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