[Federal Register Volume 64, Number 248 (Tuesday, December 28, 1999)]
[Rules and Regulations]
[Pages 72459-72466]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33367]
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OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 870
RIN: 3206-AI64
Federal Employees' Group Life Insurance Program: Life Insurance
Improvements
AGENCY: Office of Personnel Management.
ACTION: Interim rule with request for comments.
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SUMMARY: The Office of Personnel Management (OPM) is issuing interim
regulations to implement the Federal Employees Life Insurance
Improvement Act, which was enacted October 30, 1998. This law made
numerous changes to the Federal Employees' Group Life Insurance (FEGLI)
Program. These changes include the elimination of maximums on Basic
insurance and Option B, coverage of foster children under Option C,
making the contractual incontestability provision statutory, providing
for the direct payment of premiums for all employees and annuitants
whose pay is too small for premium withholdings, allowing retiring
employees to elect unreduced Option B and Option C coverage,
establishing a three-year demonstration project for the portability of
Option B, and increasing the coverage available under Option C.
DATES: Interim rules are effective January 27, 2000. Comments must be
received on or before February 28, 2000.
ADDRESSES: Send written comments to Abby L. Block, Chief, Insurance
Policy and Information Division, Office of Insurance Programs,
Retirement and Insurance Service, Office of Personnel Management, P.O.
Box 57, Washington, DC 20044; or deliver to OPM, Room 3425, 1900 E
Street, NW, Washington, DC; or FAX to (202) 606-0633.
FOR FURTHER INFORMATION CONTACT: Karen Leibach, (202) 606-0004.
SUPPLEMENTARY INFORMATION: On October 30, 1998, Public Law 105-311, 112
Stat. 2950, was signed into law. This law, the Federal Employees Life
Insurance Improvement Act, changed many parts of the FEGLI Program.
These regulations put the various new statutory provisions into place.
1. Elimination of Maximums
An employee's Basic Insurance Amount is his/her annual rate of
basic pay, rounded to the next higher thousand, plus $2,000. Each
multiple of Option B coverage is equal to an employee's annual pay,
rounded to the next higher thousand.
Before the enactment of Public Law 105-311, the law limited both
Basic insurance and the multiples of Option B insurance to the annual
rate of pay for Level II Executive Schedule positions, rounded up (plus
$2,000 for Basic). The maximum amount of Basic insurance was $139,000,
and the maximum amount of an Option B multiple was $137,000.
The new law removed those maximums. These regulations also provide
that Option A coverage, which increased for employees in this
situation, will no longer exceed $10,000.
This provision of the law became effective the first pay period
beginning on or after October 30, 1998.
2. Coverage of Foster Children
Before the enactment of Public Law 105-311, foster children were
not eligible for coverage under Option C. They became eligible as
covered family members effective October 30, 1998.
For ease of administration, we have made the requirements for
coverage of foster children under Option C the same as the requirements
for coverage of foster children under the Federal Employees Health
Benefits Program. Those requirements are that the child be unmarried
and under the age of 22 (or if over 22, incapable of self-support
because of a disabling condition that started before the 22nd
birthday), that the child be living with the employee or annuitant in a
regular parent-child relationship, that the employee/annuitant be the
principal source of support for the child, and that the employee/
annuitant expect to raise the child to adulthood. The employee/
annuitant must certify in writing that the child meets these
requirements. Grandchildren can qualify as foster children only if they
meet all the requirements.
3. Incontestability
This provision allows an erroneous enrollment to stand if it has
been in effect for at least 2 years. There was already such a provision
in the FEGLI contract, but it did not apply if the employee or
annuitant was excluded from coverage by law or if the employee's
position was excluded by regulation. The contractual provision also did
not require that the individual have paid premiums for the erroneous
coverage before incontestability could apply. The new statutory
provision applies to all situations in which an administrative error
allows an employee or annuitant to be insured when the law or
regulations would otherwise prohibit the election. If the erroneous
coverage and applicable premium withholdings have been in place for at
least 2 years before the error is discovered, the coverage is allowed
to stand.
This provision was effective for any findings of erroneous coverage
made on or after October 30, 1998.
4. Direct Payment of Premiums
Before the enactment of Public Law 105-311, all employees and
compensationers and most annuitants whose pay/compensation/annuity was
too small for premium withholdings had to terminate their FEGLI
coverage. The only exception to this was FERS (Federal Employees'
Retirement System) annuitants; these annuitants were allowed to make
direct premium payments.
Public Law 105-311 extends the right to make direct payment of
FEGLI premiums to anyone with insufficient pay, compensation, or
annuity. These regulations provide that this applies when the ``pay,''
after all other deductions, is insufficient on an ongoing basis, i.e.,
when the situation is expected to continue for at least 6 months.
Insured individuals in this situation can choose either to
terminate their FEGLI coverage or to make direct payments. Employees
who choose to make direct payments must pay on a current basis; if they
do not make the payments, the coverage cancels. Employees who choose to
terminate are entitled to the 31-day extension of coverage and the
right to convert. When the employee's pay again becomes sufficient for
the premium withholdings, premiums will again be withheld from the
employee's pay. Any
[[Page 72460]]
coverage that was terminated is automatically restored; coverage that
was cancelled for nonpayment, however, will remain cancelled.
Annuitants and compensationers who elect to make direct premium
payments will remain on direct pay, even if their ``pay'' increases
enough to allow withholdings.
This provision became effective the first pay period beginning on
or after October 30, 1998.
5. Election of Unreduced Options B and C at Retirement
Before the enactment of Public Law 105-311, Option B and C coverage
began to reduce for annuitants when they reached age 65. Both coverages
reduced by 2% per month until there was no coverage left. This
reduction was automatic, and annuitants had no choice about it. Because
their coverage was reducing, annuitants paid no premiums after age 65.
Public Law 105-311 allows annuitants to make an election at
retirement as to whether they want their Option B and Option C coverage
to reduce. (This also applies to persons becoming insured as
compensationers.) If they choose No Reduction, they will continue to
pay premiums appropriate to their age beyond age 65. OPM has set April
24, 1999, as the effective date for this provision. This applies to
persons separating for retirement or becoming insured as
compensationers on or after that date.
Under these regulations, retiring employees (and persons becoming
insured as compensationers) will choose how many of the Option B
multiples for which they are eligible and how many of the Option C
multiples for which they are eligible they actually want to continue.
They will also elect either Full Reduction or No Reduction for all of
their multiples of each type of Optional coverage. Shortly before an
individual's 65th birthday, he/she will receive a reminder notice,
showing what coverage the annuitant/compensationer elected and what the
premiums will be for coverage beyond age 65. The individual will then
have an opportunity to change his/her election, including choosing to
have some multiples reduce and others not reduce. For persons who are
already over age 65 at the time of retirement or becoming insured as a
compensationer, the reminder notice will be sent as soon as the
retirement processing is complete.
Public Law 105-311 also allows for an election opportunity for
those who are already retired or insured as compensationers and who
still have Option B coverage on the effective date (April 24, 1999).
Those who are over age 65 and whose Option B coverage has already
started reducing will elect whether to freeze their remaining Option B
at the amount in force on the effective date. These annuitants/
compensationers will not have an election opportunity for Option C.
6. Portability
Public Law 105-311 set up a 3-year demonstration project for the
portability of Option B coverage which would otherwise terminate. This
provision allows certain individuals to continue their group coverage
at the group rate plus an administrative surcharge. Those eligible for
portability of their Option B are separating employees and employees
exceeding 12 months in nonpay status, who meet the same 5-year/1st
opportunity requirement as employees who are retiring. Ported coverage
reduces by 50% when the insured individual reaches age 70 and
terminates when the individual reaches age 80.
These regulations put in place the requirements and procedures for
portability. OPM has set April 24, 1999, as the effective date for this
provision.
7. Increased Option C Coverage
Before the enactment of Public Law 105-311, Option C coverage was
$5,000 for a spouse and $2,500 for each eligible child.
Public Law 105-311 increased the coverage available under Option C
to up to 5 multiples of the previous amounts. OPM has set April 24,
1999, as the effective date for this provision.
New employees and employees newly eligible on or after the
effective date can elect the higher amounts within 31 days of becoming
eligible. Employees who have a life event on or after April 24, 1999,
can elect the higher amounts within 60 days after the life event.
Employees who had a life event between October 30, 1998, and April 23,
1999, were allowed to elect the increased coverage within 60 days of
April 24, 1999; their increased coverage was effective April 24, 1999.
8. Open Season
Public Law 105-311 required OPM to conduct an open season no later
than 180 days after the date of enactment, with coverage elected during
the open season effective 365 days after the start of the open season.
OPM held an open enrollment period from April 24, 1999, through
June 30, 1999. All eligible employees were able to elect or increase
coverage. The effective date of open enrollment elections is the first
pay period beginning on or after April 23, 2000, which follows a pay
period in which the employee was in pay and duty status for the
required amount of time.
9. Study and Report
Public Law 105-311 also required OPM to conduct a study and submit
a report to Congress on Federal employees' interest in other types of
life insurance, specifically group universal life insurance, group
variable universal life insurance, and additional voluntary accidental
death and dismemberment insurance. OPM completed the study, which
showed that there is some interest in these other life insurance
products. OPM submitted its report to Congress May 4, 1999.
Waiver of Notice of Proposed Rulemaking
In accordance with Sec. 553(b)(3)(B) of title 5 of the U.S. Code, I
find that good cause exists for waiving the general notice of proposed
rulemaking. This notice is being waived in order to implement
legislation which has become effective.
Regulatory Flexibility Act
I certify that this regulation will not have a significant economic
impact on a substantial number of small entities because the regulation
will only affect life insurance benefits of Federal employees and
retirees.
Executive Order 12866, Regulatory Review
This rule has been reviewed by the Office of Management and Budget
in accordance with Executive Order 12866.
List of Subjects in 5 CFR Part 870
Administrative practice and procedure, Government employees,
Hostages, Iraq, Kuwait, Lebanon, Life insurance, Retirement.
Office of Personnel Management.
Janice R. Lachance,
Director.
Accordingly, OPM is amending 5 CFR part 870 as follows:
PART 870--FEDERAL EMPLOYEES' GROUP LIFE INSURANCE PROGRAM
1. Revise the authority citation for part 870 to read as follows:
Authority: 5 U.S.C. 8716; subpart J also issued under section
599C of Public Law 101-513, 104 Stat. 2064, as amended;
Sec. 870.302(a)(3)(ii) also issued under sec. 153 of Public Law 104-
134, 110 Stat. 1321; Sec. 870.302(a)(3) also issued under sections
11202(f), 11232(e), and 11246(b) and (c) of Public Law 105-33, 111
Stat. 251 and section 7(e) of Public Law 105-274, 112 Stat. 2419.
[[Page 72461]]
2. In Sec. 870.101, revise the definition of the first appearance
of Child and add the definitions Portability Office, Ported coverage,
and Regular parent-child relationship in alphabetical order to read as
follows:
Sec. 870.101 Definitions.
* * * * *
Child, as used in the definition of Family member for Option C
coverage, means a legitimate child, an adopted child, a stepchild or
foster child who lives with the employee or former employee in a
regular parent-child relationship, or a recognized natural child. It
does not include a stillborn child or a grandchild (unless the
grandchild meets all the requirements of a foster child). The child
must be under age 22 or, if age 22 or over, must be incapable of self-
support because of a mental or physical disability which existed before
the child reached age 22.
* * * * *
Portability Office means the office OPM designates to manage ported
coverage and to collect premiums for ported coverage.
Ported coverage means continued coverage that would otherwise have
terminated.
* * * * *
Regular parent-child relationship means that the employee or former
employee is exercising parental authority, responsibility, and control
over the child by caring for, supporting, disciplining, and guiding the
child, including making decisions about the child's education and
medical care.
* * * * *
Sec. 870.104 [Redesignated as Sec. 870.105]
3. Redesignate Sec. 870.104 as Sec. 870.105 and amend it by
revising paragraph (a), and add a new Sec. 870.104 to read as follows:
Sec. 870.104 Incontestability.
(a) If an individual erroneously becomes insured, the coverage will
remain in effect if at least 2 years pass before the error is
discovered, and if the individual has paid applicable premiums during
that time. This applies to errors discovered on or after October 30,
1998.
(b) If an employee is erroneously allowed to continue insurance
into retirement or compensation, the coverage will remain in effect if
at least 2 years pass before the error is discovered, and if the
annuitant or compensationer has paid applicable premiums during that
time. This applies to such errors discovered on or after October 30,
1998.
(c) If an individual who is allowed to continue erroneous coverage
because of incontestability does not want the coverage, he/she may
cancel the coverage on a prospective basis. There is no refund of
premiums.
Sec. 870.105 Initial decision and reconsideration.
(a) An individual may ask his/her agency or retirement system to
reconsider its initial decision denying life insurance coverage, the
opportunity to change coverage, the opportunity to assign insurance, or
the opportunity to elect portability for Option B coverage.
* * * * *
4. Revise Sec. 870.202(a)(1)(ii) to read as follows:
Sec. 870.202 Basic insurance amount (BIA).
(a)(1) * * *
(ii) $10,000; whichever is higher, unless an employee has elected a
Living Benefit under subpart K of this part. Effective for pay periods
beginning on or after October 30, 1998, there is no maximum BIA.
* * * * *
5. Revise Sec. 870.205(a), (b)(1), and (c) to read as follows:
Sec. 870.205 Amount of Optional insurance.
(a) Option A coverage is $10,000. Effective for pay periods
beginning on or after October 30, 1998, Option A cannot exceed this
amount. Exception: This does not apply to annuitants who retired with a
higher amount of Option A before the removal of the maximum on Basic
insurance (the first pay period beginning on or after October 30,
1998).
(b)(1) Option B coverage comes in 1, 2, 3, 4, or 5 multiples of an
employee's annual pay (after the pay has been rounded to the next
higher thousand, if not already an even thousand). Effective for pay
periods beginning on or after October 30, 1998, there is no maximum
amount for each multiple.
* * * * *
(c) Effective April 24, 1999, Option C coverage comes in 1, 2, 3,
4, or 5 multiples of the following amounts: $5,000 on the death of a
spouse and $2,500 on the death of an eligible child. Payments are made
to the insured individual.
6. Revise Sec. 870.301(b) and add a new Sec. 870.303 to subpart C
to read as follows:
Subpart C--Eligibility
Sec. 870.301 Eligibility for life insurance.
* * * * *
(b)(1) Optional insurance must be specifically elected; it is not
automatic.
(2) An employee may elect one or more types of Optional insurance
if:
(i) He/she has Basic insurance; and
(ii) He/she does not have a waiver of that type (or types) or
Optional insurance still in effect.
* * * * *
Sec. 870.303 Eligibility of foster children under Option C.
(a) Effective October 30, 1998, foster children are eligible for
coverage as family members under Option C.
(b) To qualify for coverage as a foster child, the child must meet
the following requirements:
(1) The child must live with the insured employee, annuitant, or
compensationer;
(2) The parent-child relationship (as defined in Sec. 870.101) must
be with the insured employee, annuitant, or compensationer, not the
biological parent;
(3) The employee, annuitant, or compensationer must be the primary
source of financial support for the child; and
(4) The employee, annuitant, or compensationer must expect to raise
the child to adulthood.
(c) A child placed in an insured individual's home by a welfare or
social service agency under an agreement by which the agency retains
control of the child or pays for maintenance does not qualify as a
foster child.
(d)(1) An insured individual wishing to cover a foster child must
sign a certification stating that the child meets all the requirements
and that he/she will notify the employing office or retirement system
if the child marries, moves out of the home, or stops being financially
dependent on the employee, annuitant, or compensationer.
(2) The employing office or retirement system must keep the signed
certification in the insured individual's file, along with other life
insurance forms.
(e) A foster child who moves out of the insured individual's home
to live with a biological parent loses eligibility and cannot again be
covered as a foster child unless:
(1) The biological parent dies;
(2) The biological parent is imprisoned;
(3) The biological parent becomes unable to care for the child due
to a disability; or
(4) The employee, annuitant, or compensationer obtains a court
order taking parental responsibility away from the biological parent.
7. Revise Sec. 870.402(c) to read as follows:
Sec. 870.402 Withholdings for Optional insurance.
* * * * *
[[Page 72462]]
(c)(1) Subject to the provisions for reemployed annuitants in
Sec. 870.707, the full cost of Optional insurance must be withheld from
the annuity of an annuitant and from the compensation of a
compensationer.
(2) The withholdings for Option A stop the month after the month in
which an annuitant or compensationer reaches age 65.
(3) For an annuitant or compensationer who elects Full Reduction
for any Option B or Option C multiples, the withholdings for those
multiples stop the month after the month in which he/she reaches age
65.
(4) For an annuitant or compensationer who elects No Reduction for
any Option B or Option C multiples, the withholdings for those
multiples continue, as long as he/she remains insured.
* * * * *
8. Revise Sec. 870.405 to read as follows:
Sec. 870.405 Direct premium payments.
(a) Since January 1, 1988, annuitants who retired under 5 U.S.C.
chapter 84 (Federal Employees' Retirement System) have been able to
make direct premium payments if their annuity became too small to cover
the premiums. Effective the first pay period beginning on or after
October 30, 1998, all employees, annuitants, and compensationers whose
pay, annuity, or compensation is insufficient to cover the withholdings
can make direct premium payments.
(b)(1) For an individual to be eligible to make direct premium
payments, the employing office or retirement system must determine that
the pay, annuity, or compensation, after all other deductions, is
expected to be insufficient on an ongoing basis, i.e., for the next 6
months or more.
(2) This section does not apply to employees in nonpay status.
Employees in nonpay status are governed by Sec. 870.404(c).
(c)(1) When the employing office or retirement system determines
that the pay, annuity, or compensation is insufficient, and will be
insufficient on an ongoing basis, it must notify the insured individual
(or the assignee, if the individual has assigned his/her insurance
under subpart I of this part) in writing and inform him/her of the
available choices.
(2) Within 31 days of receiving the notice (45 days for individuals
living overseas), the insured individual (or assignee) must return the
notice to the employing office or retirement system, choosing either to
terminate some or all of the insurance or to make direct premium
payments. An employee, annuitant, or compensationer is considered to
receive a mailed notice 5 days after the date of the notice.
(3) If an individual does not return the notice within the required
time frames, the employing office or retirement system will terminate
the insurance.
(d)(1) Terminated coverage stops at the end of the last pay period
for which premiums were withheld.
(2) An individual whose insurance terminates, either by choice or
by failure to return the notice, gets the 31-day extension of coverage
and right to convert, as provided in subpart F of this part.
(3)(i) When an employee's pay again becomes sufficient to allow
premium withholdings, the employing office will automatically reinstate
the terminated coverage.
(ii) An annuitant or compensationer whose coverage terminates
cannot have the coverage reinstated when the annuity or compensation
becomes sufficient to cover withholdings.
(e)(1) Employing offices and retirement systems must establish a
method for accepting premium payments for insured individuals who
choose to pay directly.
(2) Individuals who are paying directly must send the required
premium payment to the employing office or retirement system for every
pay period during which coverage continues. The insured individual must
make the payment after each pay period, according to the schedule
established by the employing office or retirement system.
(3)(i) When an employee's pay again becomes sufficient to allow
premium withholdings, he/she must stop making direct payments. The
employing office will begin to withhold premiums automatically.
(ii) An annuitant or compensationer who is making direct premium
payments must continue to pay directly, even if the annuity or
compensation becomes sufficient to allow withholdings.
(f) The employing office or retirement system must submit all
direct premium payments, along with its regular life insurance
premiums, to OPM according to procedures set by OPM.
(g)(1) If an individual on direct pay fails to make the required
premium payment on time, the employing office or retirement system must
notify the individual. The individual must make the payment within 15
days after receiving the notice (45 days if living overseas). An
individual is considered to receive a mailed notice 5 days after the
date of the notice.
(2) If an insured individual fails to make the overdue payment,
his/her insurance cancels. Cancellation is effective at the end of the
last pay period for which payment was received.
(3) An individual whose insurance cancels for nonpayment does not
get the 31-day extension of coverage or the right to convert provided
in subpart F of this part.
(4) Coverage that cancels for nonpayment is not reinstated when the
individual's pay, annuity, or compensation becomes sufficient to allow
withholdings, except as provided by paragraph (g)(5) of this section.
(5) If, for reasons beyond his/her control, an insured individual
is unable to pay within 15 days of receiving the past due notice (45
days if living overseas), he/she may request reinstatement of coverage
by writing to the employing office or retirement system within 30 days
from the date of cancellation. The individual must provide proof that
he/she was prevented from paying within the time limit for reasons
beyond his/her control. The employing office or retirement system will
decide if the individual is eligible for reinstatement of coverage. If
the employing office or retirement system approves the request, the
coverage is reinstated back to the date of cancellation, and the
individual must pay the back premiums.
9. Revise Sec. 870.506(a) to read as follows:
Sec. 870.506 Optional insurance: cancelling a waiver.
(a) When there is a change in family circumstances. (1) An employee
cannot cancel a waiver of Option A due to a change in family
circumstances.
(2) An employee who has waived Option B coverage can elect it, and
an employee who has fewer than 5 multiples of Option B can increase the
number of multiples, upon his/her marriage or divorce, upon a spouse's
death, or upon acquiring an eligible child. Exception: Acquiring a
foster child does not qualify an employee to elect or increase Option B
coverage.
(3) The number of multiples of Option B coverage that an employee
can obtain or add (which cannot exceed a total of 5) is limited to the
following:
(i) For marriage, the number of additional family members (spouse
and eligible children) acquired with the marriage;
(ii) For acquisition of children, the number of eligible children
acquired; and
(iii) For divorce or death of a spouse, the total number of
eligible children of the employee.
(4)(i) An employee who has waived Option C coverage can elect it,
and an
[[Page 72463]]
employee who has fewer than 5 multiples of Option C can increase the
number of multiples, upon his/her marriage or upon acquiring an
eligible child. An employee can also elect Option C coverage upon
divorce or death of a spouse, if the employee has any eligible
children.
(ii) An employee electing or increasing Option C coverage may elect
any number of multiples, as long as the total number of multiples does
not exceed 5.
(5)(i) Except as stated in paragraph (a)(5)(iii) of this section,
the employee must file an election under paragraph (a)(2) or (a)(4) of
this section with the employing office, in a manner designated by OPM,
along with proof of the event, no later than 60 days following the date
of the event that permits the election; the employee may instead file
the election before the event and provide proof no later than 60 days
following the event.
(ii) This 60-day time limit may be extended if the individual is
not serving in a covered position on the date of the event or if the
individual separates from covered service prior to the end of the 60-
day time limit. This extension cannot exceed the 31-day time limit for
electing insurance following employment in a covered position or, for
an election under paragraph (a)(4) of this section, the 31-day period
following the 1st day on which the individual becomes eligible to
cancel a waiver of Basic insurance.
(iii) An employee making an election under paragraph (a)(4)(i) of
this section because of acquiring an eligible foster child must file
the election with the employing office no later than 60 days after
completing the required certification.
(iv) Employees who had a change in family circumstances between
October 30, 1998, and April 23, 1999, had until June 23, 1999, to make
an election under this section.
(6)(i) The effective date of Option B insurance elected under
paragraph (a)(1) of this section is the 1st day the employee actually
enters on duty in pay status on or after the day the employing office
receives the election.
(ii) The effective date of Option C coverage elected because of
marriage, divorce, death of a spouse, or acquiring an eligible child
other than a foster child is the day the employing office receives the
election, or the date of the event, whichever is later. Exception:
Coverage elected under paragraph (a)(5)(iv) of this section was
effective April 24, 1999.
(iii) The effective date of Option C coverage elected because of
acquiring a foster child is the date the employing office receives the
election or the date the employee completes the certification,
whichever is later.
10. Add new paragraph (e) to Sec. 870.601 to read as follows:
Sec. 870.601 Termination of Basic insurance.
* * * * *
(e) Except for employees, annuitants, and compensationers who elect
direct payment as provided in Sec. 870.405 of this part, Basic
insurance stops, subject to a 31-day extension of coverage, at the end
of the pay period in which the employing office or retirement system
determines that an individual's periodic pay, annuity, or compensation,
after all other deductions, is not enough to cover the full cost of
Basic insurance.
11. In Sec. 870.602 revise paragraphs (a), (c), and (e) to read as
follows:
Sec. 870.602 Termination of Optional insurance.
(a)(1) The Optional insurance of an insured employee stops when
his/her Basic insurance stops, subject to the same 31-day extension of
coverage.
(2) An employee who meets the requirements for portability, as
provided in subpart L of this part, may elect portability for his/her
Option B coverage, instead of having it terminate.
* * * * *
(c)(1) If an insured employee is not eligible to continue Optional
coverage as an annuitant or compensationer as provided by Sec. 870.701,
the Optional insurance stops on the date that his/her Basic insurance
is continued or reinstated under the provisions of Sec. 870.701,
subject to a 31-day extension of coverage.
(2) A compensationer who meets the requirements for portability, as
provided in subpart L of this part, may elect portability for his/her
Option B coverage, instead of having it terminate.
* * * * *
(e) Except for employees, annuitants, and compensationers who elect
direct payment as provided in Sec. 870.405 of this part, Optional
insurance stops, subject to a 31-day extension of coverage, at the end
of the pay period in which the employing office or retirement system
determines that an individual's periodic pay, annuity, or compensation,
after all other deductions, is not enough to cover the full cost of the
Optional insurance. If an individual has more than one type of Optional
insurance and his/her pay, annuity, or compensation is sufficient to
cover some but not all of the insurance, the multiples of Option C
terminate first, followed by Option A, and then the multiples of Option
B.
Sec. 870.703 [Removed]
Sec. 870.702 [Redesignated as Sec. 870.703]
12. Remove Sec. 870.703, redesignate Sec. 870.702 as Sec. 870.703,
and add a new Sec. 870.702 to read as follows:
Sec. 870.702 Amount of Basic insurance.
(a) The amount of Basic insurance an annuitant or compensationer
can continue is the BIA on the date insurance would otherwise have
stopped because of the individual's separation from service or
completion of 12 months in nonpay status. The amount of Basic insurance
in force is the BIA minus any reductions applicable under
Sec. 870.703(a).
(b)(1) For the purpose of paying benefits upon the death of an
insured individual under age 45 who is retired or receiving
compensation, the BIA will be multiplied by the appropriate age factor
shown in Sec. 870.202(c) of this part. Exceptions:
(i) If the insured individual retired or became insured as a
compensationer before October 10, 1980, or
(ii) If the insured individual elected a partial Living Benefit as
an employee under subpart K of this part.
(2)(i) For an annuitant or compensationer who elected a partial
Living Benefit as an employee, the amount of Basic insurance he/she can
continue is the post-election BIA, as shown in Sec. 870.203(a)(2) of
this part.
(ii) For the purpose of paying benefits upon the death of an
insured annuitant or compensationer under age 45 who elected a partial
Living Benefit as an employee, the BIA will be multiplied by the age
factor in effect on the date OFEGLI received the completed Living
Benefit application.
13. Redesignate Secs. 870.704, 870.705, and 870.706 as
Secs. 870.706, 870.707, and 870.708 respectively, and add new
Secs. 870.704 and 870.705 to read as follows:
Sec. 870.704 Amount of Option A.
(a) The amount of Option A coverage an annuitant or compensationer
can continue is $10,000.
(b) An annuitant's or compensationer's Option A coverage reduces by
2 percent of the original amount each month up to a maximum reduction
of 75 percent. This reduction starts at the beginning of the 2nd month
after the date the insurance would otherwise have stopped or the
beginning of the 2nd month after the date of the insured's 65th
birthday, whichever is later.
[[Page 72464]]
Sec. 870.705 Amount and election of Option B and Option C.
(a) The number of multiples of Option B and Option C coverage an
annuitant or compensationer can continue is the highest number of
multiples in force during the applicable period of service required to
continue Option B and Option C.
(b)(1)(i) At the time an employee retires or becomes insured as a
compensationer, he/she must elect the number of allowable multiples he/
she wishes to continue during retirement or while receiving
compensation.
(ii) An employee who elects to continue fewer multiples than the
number for which he/she is eligible is considered to have cancelled the
multiples that are not continued.
(iii) Employees separating for retirement and employees becoming
insured as compensationers on or after April 24, 1999, must also elect
either Full Reduction or No Reduction for all of the multiples being
continued.
(iv) An employee who does not make a reduction election is
considered to have chosen Full Reduction.
(2)(i) Prior to reaching age 65, an annuitant or compensationer can
change from No Reduction to Full Reduction at any time. Exception: If
the individual has assigned his/her insurance as provided in subpart I
of this part, only the assignee can change from No Reduction to Full
Reduction for the Option B coverage.
(ii) Prior to reaching age 65, an annuitant or compensationer can
change from Full Reduction to No Reduction at any time.
(3)(i) After reaching age 65, an annuitant or compensationer can
change from No Reduction to Full Reduction at any time. Exception: If
the individual has assigned his/her insurance as provided in subpart I
of this part, only the assignee can change from No Reduction to Full
Reduction for the Option B coverage. If an individual age 65 or over
changes to Full Reduction, the amount of insurance in force is computed
as if he/she had elected Full Reduction initially. There is no refund
of premiums.
(ii) Except as provided in paragraph (b)(4) of this section, after
reaching age 65, an annuitant or compensationer cannot change from Full
Reduction to No Reduction.
(4)(i) Shortly before an annuitant or compensationer's 65 birthday,
the retirement system will send a reminder about the election he/she
made and will offer the individual a chance to change the election. At
that time, the annuitant or compensationer can choose to have some
multiples of Option B and Option C reduce and some not reduce.
(ii) If the individual is already 65 or older at the time of
retirement or becoming insured as a compensationer, the retirement
system will send the reminder and give the opportunity to change the
election as soon as the retirement processing or compensation transfer
is complete.
(iii) If the individual assigned his/her insurance as provided in
subpart I of this part, and if the employee elected No Reduction for
Option B coverage at the time of retirement or becoming insured as a
compensationer, the retirement system will send the reminder notice for
Option B coverage to the assignee.
(iv) An annuitant or compensationer who wishes to change his/her
reduction election must return the notice by the end of the month
following the month in which the individual turns 65, or if already
over age 65, by the end of the 4th month after the date of the letter.
An annuitant or compensationer who does not return the election notice
will keep his/her initial election.
(c)(1) For each multiple of Option B and/or Option C for which an
individual elects Full Reduction, the coverage reduces by 2 percent of
the original amount each month. This reduction starts at the beginning
of the 2nd month after the date the insurance would otherwise have
stopped or the beginning of the 2nd month after the insured's 65th
birthday, whichever is later. At 12:00 noon on the day before the 50th
reduction, the insurance stops, with no extension of coverage or
conversion right.
(2) For each multiple of Option B and/or Option C for which an
individual elects No Reduction, the coverage in force does not reduce.
After age 65 the annuitant or compensationer continues to pay premiums
appropriate to his/her age.
(d)(1) Employees who were already retired or insured as
compensationers on April 24, 1999, and who had Option B, were given an
opportunity to make an election for Option B.
(i) Annuitants and compensationers who were under age 65 were
notified of the option to elect No Reduction. The retirement system
will send these individuals an actual election notice before their 65th
birthday, as provided in paragraph (b)(4) of this section.
(ii) Annuitants and compensationers who were age 65 or older, and
who still had some Option B coverage remaining, were given the
opportunity to stop further reductions. These individuals had until
October 24, 1999, to make the No Reduction election. The amount of
Option B coverage retained was the amount in effect on April 24, 1999.
Those annuitants and compensationers who elected No Reduction were
required to pay premiums retroactive to April 24, 1999.
(2) Employees who were already retired or insured as
compensationers on April 24, 1999, could not elect No Reduction for
Option C.
14. Add Sec. 870.801(d)(3)(v) to read as follows:
Sec. 870.801 Order of precedence and payment of benefits.
* * * * *
(d) * * *
(3) * * *
(v) For employees and former employees who have ported Option B
coverage, the appropriate office is the Portability Office.
* * * * *
15. Revise Sec. 870.802(b) and (g)(1) to read as follows:
Sec. 870.802 Designation of beneficiary.
* * * * *
(b) A designation of beneficiary must be in writing, signed by the
insured individual, and witnessed and signed by 2 people. The
appropriate office must receive the designation before the death of the
insured.
(1) For employees, the appropriate office is the employing office.
(2) For annuitants and compensationers, the appropriate office is
OPM.
(3) For employees and former employees who have ported Option B
coverage, the appropriate office is the Portability Office.
* * * * *
(g)(1) A designation of beneficiary is automatically cancelled 31
days after the individual stops being insured. Exception: If the
individual elects portability for Option B, a valid designation remains
in effect.
* * * * *
16. Revise Sec. 870.902 to read as follows:
Sec. 870.902 Making an assignment.
(a) To assign insurance, an insured individual must complete an
approved assignment form. Only the insured individual can make an
assignment; no one can assign on behalf of an insured individual.
(b) The individual must submit the completed and signed form to the
appropriate office indicating the intent to irrevocably assign all
ownership of the insurance. The form must also be witnessed and signed
by 2 people.
(1) For employees, the appropriate office is the employing office.
[[Page 72465]]
(2) For annuitants and compensationers, the appropriate office is
OPM.
(3) For employees and former employees who have ported Option B
coverage, the appropriate office is the Portability Office.
17. Revise Sec. 870.907(c) to read as follows:
Sec. 870.907 Termination and conversion.
* * * * *
(c) An assignment terminates 31 days after the insurance
terminates, unless the insured individual is reemployed in or returns
to a position in which he/she is entitled to coverage under this part
within 31 days after the insurance terminates. Exception: If an
employee elects portability for Option B coverage, an assignment
remains in effect. If the individual returns to Federal service, Basic
insurance and any Option A insurance acquired through returning to
service is subject to the existing assignment.
18. A new subpart L is added to read as follows:
Subpart L--PORTABILITY
870.1201 Portability permitted.
870.1202 Eligibility.
870.1203 Amount of insurance.
870.1204 Cost of insurance.
870.1205 Electing portability for Option B.
870.1206 Termination and cancellation of ported coverage.
870.1207 Designations, assignments, and court orders.
870.1208 Return to active service.
Subpart L--Portability
Sec. 870.1201 Portability permitted.
(a) Effective April 24, 1999, until April 24, 2002, eligible
employees may elect portability for Option B coverage that would
otherwise terminate.
(b) An individual cannot elect portability for Basic insurance,
Option A, or Option C.
Sec. 870.1202 Eligibility.
(a) An employee is eligible to elect portability for Option B if:
(1) His/her coverage is terminating due to separation or completion
of 12 months in nonpay status; and
(2) He/she has had Option B for the 5 years of service immediately
before the date the coverage would otherwise terminate, or for the full
period(s) of service during which he/she was eligible to have Option B,
if less than 5 years.
(b) If the employee has assigned his/her coverage as provided in
subpart I of this part, it is the assignee who has the right to elect
portability.
Sec. 870.1203 Amount of insurance.
(a) An employee can elect portability for up to the highest number
of Option B multiples that meet the requirements of
Sec. 870.1202(a)(2).
(b)(1) An individual with ported coverage can reduce the number of
multiples at any time. Exception: If the individual assigned his/her
coverage as provided in subpart I of this part, only the assignee has
the right to reduce the number of multiples.
(2) An individual with ported coverage cannot increase the number
of multiples.
(c) Salary changes have no effect on the amount of Option B
coverage in force for an individual with ported coverage.
(d) The amount of ported coverage in force reduces by 50 percent at
the beginning of the 2nd calendar month after the individual reaches
age 70 or, if the individual is 70 or older at the time he/she elects
portability, the 2nd month after the effective date of the ported
coverage.
Sec. 870.1204 Cost of insurance.
(a)(1) The cost of ported coverage is the cost shown in
Sec. 870.402(e).
(2) In addition to the premium payments for Option B, individuals
with ported coverage must pay a monthly administrative fee, in an
amount set by OPM.
(b) The Portability Office will establish a schedule for the
premium payments. An individual with ported coverage must make payment
to the Portability Office on a timely basis.
Sec. 870.1205 Electing portability for Option B.
(a) The employing agency must notify the employee/assignee(s) of
the loss of coverage and the right to elect portability for Option B
either before or immediately after the event causing the loss of
coverage.
(b)(1) The employee/assignee(s) must submit the request to elect
portability to the employing office and to the Portability Office
within 60 days following the date of the terminating event (74 days if
living overseas). A mailed notification or request is considered to be
received 5 days after the date of the notification/request.
(2) An employee/assignee who fails to request portability within
the required time frame is considered to have refused coverage.
(3) Ported coverage is effective the day after coverage as an
employee ends.
Sec. 870.1206 Termination and cancellation of ported coverage.
(a)(1) Ported coverage stops April 24, 2002, subject to the 31-day
extension of coverage and right to convert, as provided in subpart F of
this part.
(2) Ported coverage stops at the beginning of the 2nd calendar
month after the individual reaches age 80 or, if the individual is age
80 or older at the time he/she elects portability, the 2nd month after
the effective date, subject to the 31-day extension of coverage and
right to convert, as provided in subpart F of this part.
(b)(1) An individual with ported coverage can cancel coverage at
any time. Exception: If the individual assigned his/her coverage as
provided in subpart I of this part, only the assignee can cancel
coverage.
(2) If an individual with ported coverage does not make a premium
payment on time, the Portability Office will send him/her a notice
stating that coverage will continue only if the individual makes
payment within 15 days after receiving the notice (45 days if living
overseas). If the individual does not make payment within this time
frame, Option B coverage cancels.
(3) An individual whose ported coverage cancels, whether
voluntarily or for nonpayment, does not get the 31-day extension of
coverage or the right to convert.
Sec. 870.1207 Designations, assignments, and court orders.
(a)(1) If an employee has a valid designation of beneficiary on
file at the time he/she elects portability, that designation remains in
effect.
(2) An individual with ported coverage who wishes to file a
designation of beneficiary must submit the form to the Portability
Office.
(3) If an individual with ported coverage returns to Federal
service, any designation of beneficiary remains in effect.
(b)(1) If an employee assigns his/her coverage before electing
portability for Option B, that assignment remains in effect.
(2) If an individual with ported coverage wishes to make an
assignment, he/she must submit the form to the Portability Office.
(3) If an individual with ported coverage returns to Federal
service, any assignment of coverage remains in effect. Basic insurance
and any Option A coverage acquired through the return to service are
subject to the existing assignment.
(c)(1) If the employing office received a valid court order on or
after July 22, 1998, that court order remains valid for the ported
coverage.
(2) Anyone wishing to submit a court order relating to an
individual with ported coverage must submit it to the Portability
Office.
[[Page 72466]]
(3) If an individual with ported coverage returns to Federal
service, any valid court order on file remains in effect.
(d) When an individual submits a request to elect portability for
Option B coverage, the employing office must send the originals of all
designations, assignments, and court orders on file to the Portability
Office.
Sec. 870.1208 Return to active service.
(a)(1) When an individual with ported coverage returns to Federal
service, the agency must notify the Portability Office.
(2) The Portability Office must terminate the ported coverage and
send the originals of all designations, assignments, and court orders
to the new employing office.
(b) The employee will get back the number of multiples of Option B
he/she had before the terminating event. Exceptions:
(1) A person who cancels a multiple or multiples of Option B
coverage after electing portability will get back only the number of
multiples remaining.
(2) A person whose ported coverage cancels for nonpayment of
premiums will not get back any Option B coverage automatically.
[FR Doc. 99-33367 Filed 12-27-99; 8:45 am]
BILLING CODE 6325-01-P
