5 U.S.C. § 8716 — Regulations

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. Page 1234 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8901 1 See Change of Name note below. HISTORICAL AND REVISION NOTES—CONTINUED Derivation U.S. Code Revised Statutes and Statutes at Large (b), (c) ....... 5 U.S.C. 2091(a) (words between 6th and 7th com- mas of 1st sen- tence and 2d sen- tence), (d) (words between 1st and 2d commas of 1st sen- tence, and 2d sen- tence). Aug. 17, 1954, ch. 752, § 2(a) (words between 6th and 7th commas of 1st sen- tence and 2d sentence), 68 Stat. 736. July 1, 1960, Pub. L. 86–568, § 115(c) ‘‘(d) (words be- tween 1st and 2d commas of 1st sentence, and 2d sentence)’’, 74 Stat. 302. Oct. 6, 1964, Pub. L. 88–631, § 2, 78 Stat. 1007. In subsection (a), the words ‘‘Except as otherwise pro- vided herein’’ are omitted as unnecessary since the au- thority to prescribe regulations is carried into this sec- tion. In subsection (b), the words ‘‘section 1501 of title 31, District of Columbia Code’’ are substituted for ‘‘section 1 of the District of Columbia Teachers’ Salary Act of 1955 (69 Stat. 521), as amended (Sec. 31–1501, D.C. Code, 1961 edition)’’. 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 1978—Subsec. (a). Pub. L. 95–454, § 906(a)(2), sub- stituted ‘‘Office of Personnel Management’’ for ‘‘Civil Service Commission’’. Subsec. (b). Pub. L. 95–454, § 906(a)(3), substituted ‘‘Of- fice’’ for ‘‘Commission’’ wherever appearing. Pub. L. 95–437 substituted ‘‘intermittent employ- ment’’ for ‘‘intermittent or part-time employment’’ in provision preceding par. (1), and added par. (3). Pub. L. 95–454, § 906(c)(2)(F), (G), substituted ‘‘3401’’ for ‘‘3391’’ in par. (3). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title. CHAPTER 89—HEALTH INSURANCE Sec. 8901. Definitions. 8902. Contracting authority. 8902a. Debarment and other sanctions. 8903. Health benefits plans. 8903a. Additional health benefits plans. 8903b. Authority to readmit an employee organiza- tion plan. 8903c. Postal Service Health Benefits Program. 8904. Types of benefits. 8905. Election of coverage. 8905a. Continued coverage. 8906. Contributions. 8906a. Temporary employees. 8907. Information to individuals eligible to enroll. 8908. Coverage of restored employees and survivor or disability annuitants. 8909. Employees Health Benefits Fund. 8909a. Postal Service Retiree Health Benefits Fund. 8910. Studies, reports, and audits. 8911. Advisory committee. 8912. Jurisdiction of courts. 8913. Regulations. 8914. Effect of other statutes. Editorial Notes AMENDMENTS 2022—Pub. L. 117–108, title I, § 102(a)(2)(B), Apr. 6, 2022, 136 Stat. 1135, added item 8903c. 2006—Pub. L. 109–435, title VIII, § 803(a)(2), Dec. 20, 2006, 120 Stat. 3252, added item 8909a. 1998—Pub. L. 105–266, § 6(a)(2), Oct. 19, 1998, 112 Stat. 2369, added item 8903b. 1988—Pub. L. 100–654, title I, § 101(b), title II, § 201(a)(2), title III, § 301(b), Nov. 14, 1988, 102 Stat. 3841, 3845, 3846, added items 8902a, 8905a, and 8906a. Pub. L. 100–238, title I, § 108(a)(3)(B), Jan. 8, 1988, 101 Stat. 1748, added item 8914. 1985—Pub. L. 99–53, §§ 1(b)(2), 3(a)(2)(B), June 17, 1985, 99 Stat. 94, 95, added item 8903a and inserted ‘‘or dis- ability’’ after ‘‘and survivor’’ in item 8908. 1984—Pub. L. 98–615, § 3(8), Nov. 8, 1984, 98 Stat. 3204, substituted ‘‘Information to individuals eligible to en- roll’’ for ‘‘Information to employees’’ in item 8907. 1976—Pub. L. 94–342, § 1(b), July 6, 1976, 90 Stat. 808, substituted ‘‘employees and survivor annuitants’’ for ‘‘employee’’ in item 8908. § 8901. Definitions For the purpose of this chapter— (1) ‘‘employee’’ means— (A) an employee as defined by section 2105 of this title; (B) a Member of Congress as defined by section 2106 of this title; (C) a Congressional employee as defined by section 2107 of this title; (D) the President; (E) an individual first employed by the government of the District of Columbia be- fore October 1, 1987; (F) an individual employed by Gallaudet College; 1 (G) an individual employed by a county committee established under section 590h(b) of title 16; (H) 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); (I) an individual appointed to a position on the office staff of a former President, or a former Vice President under section 5 of the Presidential Transition Act of 1963, as amended (78 Stat. 153), who immediately be- fore the date of such appointment was an employee as defined under any other sub- paragraph of this paragraph; and (J) an individual who is employed by the Roosevelt Campobello International Park Commission and is a citizen of the United States, but does not include— (i) an employee of a corporation supervised by the Farm Credit Administration if pri- vate interests elect or appoint a member of the board of directors; (ii) an individual who is not a citizen or national of the United States and whose per- manent duty station is outside the United States, unless the individual was an em- ployee for the purpose of this chapter on September 30, 1979, by reason of service in an Executive agency, the United States Postal Service, or the Smithsonian Institution in the area which was then known as the Canal Zone; (iii) an employee of the Tennessee Valley Authority; or