5 U.S.C. § 8714d — Option to receive ‘‘living benefits’’

Page 1232 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8714d prescribe, in the amount of $5,000 for a spouse and $2,500 for each child described in section 8701(d). The em- ployee may stop coverage elected under this section at any time.’’ Subsec. (c)(2). Pub. L. 105–311, § 8(b)(1), substituted ‘‘section 8714b(c)(2) through (4)’’ for ‘‘section 8714b(c)(2) of this title’’. Subsec. (d)(1). Pub. L. 105–311, § 8(b)(2), inserted before last sentence ‘‘Notwithstanding the preceding sentence, the full cost shall be continued after the calendar month in which the former employee becomes 65 years of age if, and for so long as, an election under this sec- tion corresponding to that described in section 8714b(c)(3)(B) remains in effect with respect to such former employee.’’ Subsec. (d)(3). Pub. L. 105–311, § 6(4), added par. (3). 1986—Subsec. (c)(1). Pub. L. 99–336 amended Pub. L. 98–353, § 206, generally. See 1984 Amendment note below. Pub. L. 99–335 amended par. (1) generally, effective Jan. 1, 1977. Prior to such effective date, par. (1) read as follows: ‘‘Optional life insurance on family members shall stop at the earlier of the employee’s death, the employee’s separation from the service, 12 months after discontinuance of pay, or the employee’s entry on ac- tive duty or active duty for training, as provided in sec- tions 8706(a) and 8706(c) of this title, subject to provi- sion for a 31-day temporary extension of insurance cov- erage and for conversion to individual policies under conditions approved by the Office. Justices and judges of the United States described in section 8701(a)(5)(ii) and (iii) of this chapter are deemed to continue in ac- tive employment for purposes of this chapter.’’ 1984—Subsec. (c)(1). Pub. L. 98–353, § 206, as amended generally by Pub. L. 99–336, inserted sentence which deemed justices and judges described in section 8701(a)(5)(ii) and (iii) of this chapter to continue in ac- tive employment for purposes of this chapter. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT Amendment by section 6(4) of Pub. L. 105–311 effective on the first day of the first applicable pay period begin- ning on or after Oct. 30, 1998, and amendment by sec- tion 8 of Pub. L. 105–311 effective on the first day of the first pay period which begins on or after the 180th day following Oct. 30, 1998, or on any earlier date that the Office of Personnel Management may prescribe, see sec- tion 11(d), (f) of Pub. L. 105–311, set out as a note under section 8701 of this title. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99–335 effective Jan. 1, 1987, see section 702(a) of Pub. L. 99–335, set out as an Effec- tive Date note under section 8401 of this title. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–353, § 206, as amended gen- erally by Pub. L. 99–336, § 7(1), applicable to any justice or judge who retires under 28 U.S.C. 371(a) or (b) or 372(a) on or after January 1, 1982, see section 207 of Pub. L. 98–353, as amended generally by Pub. L. 99–336, § 7(2), set out as a note under section 8706 of this title. EFFECTIVE DATE Section effective on first day of first pay period which begins on or after 180th day following Oct. 10, 1980, or on any earlier date that Office may prescribe which is at least 60 days after Oct. 10, 1980, and shall have no effect in case of an employee who died, was fi- nally separated, or retired before effective date, see section 10(d) of Pub. L. 96–427 set out as an Effective Date of 1980 Amendment note under section 8701 of this title. § 8714d. Option to receive ‘‘living benefits’’ (a) For the purpose of this section, an indi- vidual shall be considered to be ‘‘terminally ill’’ if such individual has a medical prognosis that such individual’s life expectancy is 9 months or less. (b) The Office of Personnel Management shall prescribe regulations under which any indi- vidual covered by group life insurance under sec- tion 8704(a) may, if such individual is terminally ill, elect to receive a lump-sum payment equal to— (1) the full amount of insurance under sec- tion 8704(a) (or portion thereof designated for this purpose under subsection (d)(4)) which would otherwise be payable under this chapter (on the establishment of a valid claim)— (A) computed based on a date determined under regulations of the Office (but not later than 30 days after the date on which the in- dividual’s application for benefits under this section is approved or deemed approved under subsection (d)(3)); and (B) assuming continued coverage under this chapter at that time; reduced by (2) an amount necessary to assure that there is no increase in the actuarial value of the benefit paid (as determined under regulations of the Office). (c)(1) If a lump-sum payment is taken under this section— (A) no insurance under the provisions of sec- tion 8704(a) or (b) shall be payable based on the death or any loss of the individual involved, unless the lump-sum payment represents only a portion of the total benefits which could have been taken, in which case benefits under those provisions shall remain in effect, except that the basic insurance amount on which they are based— (i) shall be reduced by the percentage which the designated portion comprised rel- ative to the total benefits which could have been taken (rounding the result to the near- est multiple of $1,000 or, if midway between multiples of $1,000, to the next higher mul- tiple of $1,000); and (ii) shall not be subject to further adjust- ment; and (B) deductions and withholdings under sec- tion 8707, and contributions under section 8708, shall be terminated with respect to such indi- vidual (or reduced in a manner consistent with the percentage reduction in the individual’s basic insurance amount, if applicable), effec- tive with respect to any amounts which would otherwise become due on or after the date of payment under this section. (2) An individual who takes a lump-sum pay- ment under this section (whether full or partial) remains eligible for optional benefits under sec- tions 8714a–8714c (subject to payment of the full cost of those benefits in accordance with appli- cable provisions of the section or sections in- volved, to the same extent as if no election under this section had been made). (d)(1) The Office’s regulations shall include provisions regarding the form and manner in which an application under this section shall be made and the procedures in accordance with which any such application shall be considered. 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.