§ 8714a. Optional insurance
(a)
Under the conditions, directives, and terms specified in sections
8709–8712 of this title, the Office of Personnel Management, without regard to section
6101
(b) to (d) of title
41, may purchase a policy which shall make available to each insured employee equal amounts of optional life insurance and accidental death and dismemberment insurance in addition to the amounts provided in section
8704
(a) of this title.
(b)
(1)
An employee who is deployed in support of a contingency operation (as that term is defined in section
101
(a)(13) of title
10) or an employee of the Department of Defense who is designated as emergency essential under section
1580 of title
10 shall be insured under the policy of insurance under this section if the employee, within 60 days after the date of notification of deployment or designation, elects to be insured under the policy of insurance. An election under this paragraph shall be effective when provided to the Office in writing, in the form prescribed by the Office, within such 60-day period.
(2)
The optional life insurance and accidental death and dismemberment insurance shall be made available to each insured employee under such conditions as the Office shall prescribe and in amounts approved by the Office but not more than the greater of $10,000 or an amount which, when added to the amount provided in section
8704
(a) of this title, makes the sum of his insurance equal to his annual pay.
(c)
(1)
Except as otherwise provided in this subsection, the optional insurance on an employee stops on his separation from service or 12 months after discontinuance of his pay, whichever is earlier, subject to a provision for temporary extension of life insurance coverage and for conversion to an individual policy of life insurance under conditions approved by the Office.
(2)
(A)
In the case of any employee who retires on an immediate annuity and has been insured under this section throughout—
(ii)
the full period or periods of service during which the employee was entitled to be insured, if less than 5 years,
the amount of optional life insurance only which has been in force throughout such period may be continued, under conditions determined by the Office.
(B)
In the case of any employee who becomes entitled to receive compensation under subchapter
I of chapter
81 of this title because of disease or injury to the employee and has been insured under this section throughout—
(i)
the 5 years of service immediately preceding the date such employee becomes entitled to such compensation, or
(ii)
the full period or periods of service during which the employee was entitled to be insured, if less than 5 years,
the amount of optional life insurance only which has been in force throughout such period may be continued, under conditions determined by the Office, during the period the employee is receiving such compensation for disease or injury and is held by the Secretary of Labor or his delegate to be unable to return to duty.
(C)
The amount of optional life insurance continued under subparagraph (A) or subparagraph (B) of this paragraph shall be reduced by 2 percent at the end of each full calendar month after the date the employee becomes 65 years of age and is retired or is receiving compensation for disease or injury. The Office shall prescribe minimum amounts, not less than 25 percent of the amount of life insurance in force before the first reduction, to which the insurance may be reduced.
(3)
Notwithstanding paragraph (c)(1) of this section,[1] a justice or judge of the United States as defined by section
8701
(a)(5) of this title who resigns his office without meeting the requirements of section
371
(a) of title
28, United States Code, for continuation of the judicial salary shall have the right to convert regular optional life insurance coverage issued under this section during his judicial service to an individual policy of life insurance under the same conditions approved by the Office governing conversion of basic life insurance coverage for employees eligible as provided in section
8706
(a) of this title.
(d)
(1)
During each period in which an employee has the optional insurance the full cost thereof shall be withheld from his pay. During each period in which an employee continues optional life insurance after retirement or while in receipt of compensation for work injuries, as provided in section
8706
(b) of this title, the full cost thereof shall be withheld from his annuity or compensation, except that, at the end of the calendar month in which he becomes 65 years of age, the optional life insurance shall be without cost to him. Amounts so withheld shall be deposited, used, and invested as provided in section
8714 of this title and shall be reported and accounted for separately from amounts withheld and contributed under sections
8707 and
8708 of this title.
(2)
If an agency fails to withhold the proper cost of optional insurance from an individual’s salary, compensation, or retirement annuity, the collection of amounts properly due may be waived by the agency if, in the judgment of the agency, the individual is without fault and recovery would be against equity and good conscience. However, if the agency so waives the collection of any unpaid amount, the agency shall submit an amount equal to the uncollected amount to the Office for deposit to the Employees’ Life Insurance Fund.
(3)
Notwithstanding paragraph (1), an employee who is subject to withholdings under this subsection and whose pay, annuity, or compensation is insufficient to cover such withholdings may nevertheless continue optional insurance if the employee arranges to pay currently into the Employees’ Life Insurance Fund, through the agency or retirement system which administers pay, annuity, or compensation, an amount equal to the withholdings that would otherwise be required under this subsection.
(e)
The cost of the optional insurance shall be determined from time to time by the Office on the basis of such age groups as it considers appropriate.
(f)
The amount of optional life, or life and accidental death, insurance in force on an employee at the date of his death shall be paid as provided in section
8705 of this title.
[1] So in original. Probably should be “paragraph (1) of this subsection,”.