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 subsection shall include information relating to the vision benefits available under chapter 89, including the advantages and dis- advantages of obtaining additional coverage 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. CHAPTER 90—LONG-TERM CARE INSURANCE Sec. 9001. Definitions. 9002. Availability of insurance. 9003. Contracting authority. 9004. Financing. 9005. Preemption. 9006. Studies, reports, and audits. 9007. Jurisdiction of courts. Sec. 9008. Administrative functions. 9009. Cost accounting standards. § 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 Ten- nessee Valley Authority; (D) an employee of a nonappropriated fund instrumentality of the Department of De- fense described in section 2105(c); and (E) an employee of the District of Colum- bia 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 sys- tem for employees of the Government (whether based on the service of such indi- vidual or otherwise), and files application therefor; (ii) is at least 18 years of age; and (iii) would not (but for this subpara- graph) otherwise satisfy the requirements of this paragraph; and (C) any former employee who, on the basis of his or her service, would meet all require- ments for being considered an ‘‘annuitant’’ within the meaning of subchapter III of chapter 83, chapter 84, or any other retire- ment system for employees of the Govern- ment, but for the fact that such former em- ployee 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 SERV- ICES.—The term ‘‘retired member of the uni- formed 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 at- tained the age of 60 and who satisfies such eli- gibility requirements as the Office of Per- sonnel Management prescribes under section 9008. (5) QUALIFIED RELATIVE.—The term ‘‘quali- fied relative’’ means each of the following: Page 1284 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 9002 (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 Per- sonnel 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 rela- tionship to an individual described in para- graph (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 con- sortium of insurance companies) that is li- censed to issue long-term care insurance in all States, taking any subsidiaries of such a com- pany into account (and, in the case of a con- sortium, 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 Inter- nal 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 Sec- retary of Health and Human Services. (Added Pub. L. 106–265, title I, § 1002(a), Sept. 19, 2000, 114 Stat. 762; amended Pub. L. 107–104, § 1, Dec. 27, 2001, 115 Stat. 1001; Pub. L. 107–107, div. A, title X, § 1048(i)(6), Dec. 28, 2001, 115 Stat. 1229; Pub. L. 107–314, div. A, title XI, § 1101(a), Dec. 2, 2002, 116 Stat. 2660; Pub. L. 108–7, div. C, title III, § 138(a), Feb. 20, 2003, 117 Stat. 129; Pub. L. 108–136, div. A, title V, § 561, Nov. 24, 2003, 117 Stat. 1482; Pub. L. 109–241, title IX, § 902(a)(3), July 11, 2006, 120 Stat. 566; Pub. L. 109–356, title I, § 117(a)(3), Oct. 16, 2006, 120 Stat. 2027.) Editorial Notes REFERENCES IN TEXT Section 7702B of the Internal Revenue Code of 1986, referred to in par. (9), is classified to section 7702B of Title 26, Internal Revenue Code. AMENDMENTS 2006—Par. (1)(E). Pub. L. 109–356 added subpar. (E). Par. (10)(B). Pub. L. 109–241 substituted ‘‘Secretary of Homeland Security’’ for ‘‘Secretary of Transpor- tation’’. 2003—Par. (1). Pub. L. 108–136, § 561(a), substituted a period for a comma at end of subpar. (D) and struck out concluding provisions which read: ‘‘but does not in- clude an individual employed by the government of the District of Columbia (other than an employee of the District of Columbia Courts).’’ Pub. L. 108–7 inserted ‘‘(other than an employee of the District of Columbia Courts)’’ before period at end of concluding provisions. Par. (2)(A). Pub. L. 108–136, § 561(d), struck out ‘‘of this subsection’’ after ‘‘paragraph (1)’’. Par. (2)(C). Pub. L. 108–136, § 561(b), added subpar. (C). Par. (4). Pub. L. 108–136, § 561(c), substituted ‘‘and a member who has been transferred to the Retired Re- serve and who would be entitled to retired pay under chapter 1223 of title 10 but for not having’’ for ‘‘includ- ing a member or former member retired under chapter 1223 of title 10 who has’’. 2002—Par. (1)(D). Pub. L. 107–314 added subpar. (D). 2001—Par. (2). Pub. L. 107–104 amended heading and text of par. (2) generally. Prior to amendment, text read as follows: ‘‘The term ‘annuitant’ has the meaning such term would have under paragraph (3) of section 8901 if, for purposes of such paragraph, the term ‘em- ployee’ were considered to have the meaning given to it under paragraph (1) of this subsection.’’ Par. (3)(A). Pub. L. 107–107 substituted ‘‘or’’ for ‘‘and’’ after semicolon. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2001 AMENDMENT Pub. L. 107–104, § 3, Dec. 27, 2001, 115 Stat. 1002, pro- vided that: ‘‘The amendments made by this Act [amending this section and section 9005 of this title] shall take effect as if included in the enactment of sec- tion 1002 of the Long-Term Care Security Act (Public Law 106–265; 114 Stat. 762).’’ EFFECTIVE DATE Pub. L. 106–265, title I, § 1003, Sept. 19, 2000, 114 Stat. 770, provided that: ‘‘The Office of Personnel Manage- ment shall take such measures as may be necessary to ensure that long-term care insurance coverage under title 5, United States Code, as amended by this title [enacting this chapter], may be obtained in time to take effect not later than the first day of the first ap- plicable pay period of the first fiscal year which begins after the end of the 18-month period beginning on the date of the enactment of this Act [Sept. 19, 2000].’’ SHORT TITLE Pub. L. 106–265, title I, § 1001, Sept. 19, 2000, 114 Stat. 762, provided that: ‘‘This title [enacting this chapter] may be cited as the ‘Long-Term Care Security Act’.’’ TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 9002. Availability of insurance (a) IN GENERAL.—The Office of Personnel Man- agement shall establish and, in consultation with the appropriate Secretaries, administer a program through which an individual described in paragraph (1), (2), (3), (4), or (5) of section 9001 may obtain long-term care insurance coverage under this chapter for such individual. (b) DISCRETIONARY AUTHORITY REGARDING NON- APPROPRIATED FUND INSTRUMENTALITIES.—The