5 C.F.R. § 870.902
Making an assignment
(a) To assign insurance, an insured individual must complete an approved assignment form. Only the insured individual may make an assignment; no one may assign insurance on behalf of an insured individual.
(b) The assignment form must be in writing, signed by the insured individual, and witnessed and signed by 2 people. The completed assignment form, indicating the intent to irrevocably assign all ownership of the insurance, must be received by the appropriate office.
(1) For an employee, the appropriate office is the employing office.
(2) For an annuitant or compensationer, the appropriate office is OPM.
Notes of Decisions
Cited in 21
cases, 1988–2005 · leading case: McCord v. Spradling, 830 So. 2d 1188 (Miss. 2002).
McCord v. Spradling, 830 So. 2d 1188 (Miss. 2002). “The Missouri court then examined § 8705, and § 8509(d)(1) of the statute, and 5 C.F.R § 870.902, sections cited by the sisters as proof of Congress's intent that FEGLIA preempt all state law claims.”
Kidd v. Pritzel, 821 S.W.2d 566 (Mo. Ct. App. 1991). “Defendants rely on the language contained in FEGLIA (specifically §§ 8705 and 8709) as well as the underlying regulation 5 C.F.R. § 870.902 and case law which has applied the doctrine of pre-emption to FEGLIA.”
Mercier v. Mercier, 721 F. Supp. 1124 (D.N.D. 1989). “” 5 C.F.R. §§ 870.902 (a), (b), & (e) (1988).”
Eonda v. Affinito, 629 A.2d 119 (Pa. Super. Ct. 1993). “5 C.F.R. § 870.902 . It is appellant’s position that based on the doctrine of preemption, a state court is precluded from imposing a constructive trust upon FEGLIA proceeds.”
Metro. Life Ins. v. Bell, 924 F. Supp. 63 (E.D. Tex. 1995). “” 5 C.F.R. § 870.902 (e). Any such “change or cancellation of beneficiary in a last will or testament, or in any other document not witnessed and filed as required by this part, shall not have any force or effect.”
Marian Ward v. Cleta Ward Stratton, 988 F.2d 65 (8th Cir. 1993). “See 5 C.F.R. § 870.902 . Section 870.902 provides, in pertinent part: Section 870.”
Metro. Life Ins. Co. v. Potter, 533 So. 2d 589 (Ala. 1988). “Compare FEGLI regulations, 5 C.F.R. § 870.902 (d) and (e). Given a similar factual situation and a statutory and regulatory scheme virtually identical to that in the case at bar, the Supreme Court concluded that the controlling provisions of SGLIA must "prevail over and displace…”
Metro. Life Ins. Co. v. Joseph P. Sullivan, Jeanne M. Tundis, Kathleen A. Sullivan, Michael J. Sullivan, 96 F.3d 18 (2d Cir. 1996). “” *20 5 C.F.R. § 870.902 (b). A March 17, 1989 OPM memorandum also explicitly states that designation of benefieiary forms “may not be filed in behalf of an employee or retiree by a third party who has been granted power of attorney to manage the employee or retiree’s financial…”
Metro. Life Ins. v. Thompson, 968 F. Supp. 312 (S.D. Miss. 1997). “” 5 C.F.R. § 870.902 (b) (1997). Additionally, under federal law, a FEGLI policyholder’s right to change the beneficiary of his life insurance policy at any time cannot be waived or restricted.”
Chaisson v. Chaisson, 179 S.W.3d 35 (Tex. App. 2005). “802(f), formerly 5 C.F.R. section 870.902(e), in support of her preemption contention.”
Metro. Life Ins. v. Hurford, 983 F. Supp. 1045 (D. Kan. 1997). “” 5 C.F.R. § 870.902 . The designation in this ease met those requirements and is therefore valid under the governing statute and regulation.”
Hightower v. Kirksey, 157 F.3d 528 (7th Cir. 1998). “5 C.F.R. § 870.902 (a) provides that the “designation of a beneficiary shall be in writing, signed, and witnessed.”
— 5 C.F.R. § 870.902(a) — 1 case
Campbell v. Metro. Life Ins., 812 F. Supp. 1173 (E.D. Okla. 1992).
— 5 C.F.R. § 870.902(e) — 1 case
Chaisson v. Chaisson, 179 S.W.3d 35 (Tex. App. 2005). “802(f), formerly 5 C.F.R. section 870.902(e), in support of her preemption contention.”
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