5 U.S.C. § 8715 — Jurisdiction of courts

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, 108 Stat. 4230.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Pub. L. 103–409, § 3(a), Oct. 25, 1994, 108 Stat. 4232, pro- vided that: ‘‘The amendments made by section 2 [enact- ing this section] shall take effect 9 months after the date of the enactment of this Act [Oct. 25, 1994].’’ § 8715. 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 found- ed on this chapter. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 599; Pub. L. 97–164, title I, § 160(a)(2), Apr. 2, 1982, 96 Stat. 48; Pub. L. 102–572, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 2103 (less applicability to 5 U.S.C. 2099). Aug. 17, 1954, ch. 752, § 14 (less applicability to § 10), 68 Stat. 743. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes AMENDMENTS 1992—Pub. L. 102–572 substituted ‘‘United States Court of Federal Claims’’ for ‘‘United States Claims Court’’. 1982—Pub. L. 97–164 substituted ‘‘United States Claims Court’’ for ‘‘Court of Claims’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of Title 28, Judiciary and Judicial Proce- dure. § 8716. Regulations (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 em- ployment, 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 em- ployment; (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, District of Columbia Code, on the basis of the fact that the teacher is serving under a temporary ap- pointment 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). (c) The Secretary of Agriculture shall pre- scribe regulations to effect the application and operation of this chapter to an individual named by section 8701(a)(8) of this title. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 599; Pub. L. 95–437, § 4(b), Oct. 10, 1978, 92 Stat. 1058; Pub. L. 95–454, title IX, § 906(a)(2), (3), (c)(2)(F), (G), Oct. 13, 1978, 92 Stat. 1224, 1227.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large (a) ............. 5 U.S.C. 2100 (less applicability to 5 U.S.C. 2099). Aug. 17, 1954, ch. 752, § 11 (less applicability to § 10), 68 Stat. 742.