U.S. Code » Title 5 » Part PART III— EMPLOYEES › Subpart Subpart G— Insurance and Annuities › Chapter CHAPTER 87— LIFE INSURANCE

5 U.S.C. § 8709

Insurance policies

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(a) The Office of Personnel Management, without regard to section 6101(b) to (d) of title 41, may purchase from one or more life insurance companies a policy or policies of group life and accidental death and dismemberment insurance to provide the benefits specified by this chapter. A company must meet the following requirements:(1) It must be licensed to transact life and accidental death and dismemberment insurance under the laws of 48 of the States and the District of Columbia.(2) It must have in effect, on the most recent December 31 for which information is available to the Office, an amount of employee group life insurance equal to at least 1 percent of the total amount of employee group life insurance in the United States in all life insurance companies.(b) A company issuing a policy under subsection (a) of this section shall establish an administrative office under a name approved by the Office.(c) The Office at any time may discontinue a policy purchased from a company under subsection (a) of this section.(d)(1) The provisions of any contract under this chapter which relate to the nature or extent of coverage or benefits (including payments with respect to benefits) shall supersede and preempt any law of any State or political subdivision thereof, or any regulation issued thereunder, which relates to group life insurance to the extent that the law or regulation is inconsistent with the contractual provisions.(2) For the purpose of this section, “State” means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and a territory or possession of the United States.(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 596; Pub. L. 95–454, title IX, § 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 96–427, § 5(a), Oct. 10, 1980, 94 Stat. 1834; Pub. L. 111–350, § 5(a)(11), Jan. 4, 2011, 124 Stat. 3841.)

Historical and Revision Notes

Derivation

U.S. Code

Revised Statutes and

Statutes at Large

 

5 U.S.C. 2096 (less (c)–(e)).

Aug. 17, 1954, ch. 752, § 7 (less (c)–(e)), 68 Stat. 739.

In subsection (a), the words “as determined by it” are omitted as unnecessary.

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

Editorial NotesAmendments

2011—Subsec. (a). Pub. L. 111–350 substituted “section 6101(b) to (d) of title 41” for “section 5 of title 41” in introductory provisions.

1980—Subsec. (d). Pub. L. 96–427 added subsec. (d).

1978—Subsecs. (a) to (c). Pub. L. 95–454 substituted “Office of Personnel Management” and “Office” for “Civil Service Commission” and “Commission”, respectively, wherever appearing.

Statutory Notes and Related SubsidiariesEffective Date of 1980 Amendment

Amendment by Pub. L. 96–427 effective Oct. 10, 1980, with the amendment to have no effect in case of an employee who died, was separated, or retired before Oct. 10, 1980, see section 10(a) of Pub. L. 96–427, set out as a note under section 8701 of this title.

Effective Date of 1978 Amendment

Amendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.

Notes of Decisions
Cited in 55 cases (9 in the last 5 years), 1974–2025 · leading case: Carolyn Lazar v. Mark Kroncke, 862 F.3d 1186 (9th Cir. 2017).
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Carolyn Lazar v. Mark Kroncke, 862 F.3d 1186 (9th Cir. 2017). “§ 1144 (a) (ERISA) and 5 U.S.C. § 8709 (d) (FEGLIA), while IRA statutes do not.”
Metro. Life Ins. Co. v. Potter, 533 So. 2d 589 (Ala. 1988). · cites it 4× “" 5 U.S.C. § 8709 (d)(1). (Emphasis added).”
Ellen Devlin v. United States, 352 F.3d 525 (2d Cir. 2003). “See 5 U.S.C. § 8709 (d)(1) ("The provisions of any contract under this chapter which relate to the nature or extent of coverage or benefits (including payments with respect to benefits) shall supersede and preempt any law of any State .”
McCord v. Spradling, 830 So. 2d 1188 (Miss. 2002). · cites it 2× “Next, the Missouri court examined Section 8709(d)(1), which states in relevant part the following: The provisions of any contract under this chapter which relate to the nature or extent of coverage or benefits (including payments with respect to benefits) shall supersede and…”
Metro. Life Ins. v. McShan, 577 F. Supp. 165 (N.D. Cal. 1983). “5 U.S.C. § 8709 (1982). The key FEGLIA provision in this action is section 8705, which provides in pertinent part: (a) The amount of group life insurance and group accidental death insurance in force on an employee at the date of his death shall be paid, on the establishment of…”
Hardy v. Hardy, 963 N.E.2d 470 (Ind. 2012). “5 U.S.C. § 8709 (d)(1). Mary Jo asserts that this preemption clause prevents state law from changing to whom FEGLI proceeds are paid.”
Mounts v. United States, 838 F. Supp. 1187 (E.D. Ky. 1993). · cites it 4× “Metropolitan contends that the language, structure, and legislative history of FEGLIA indicate that it is pervasive and is intended to preempt all state laws which purport to establish conflicting rights to FEGLIA benefits, as seen in 5 U.S.C. § 8709 (d)(1), which provides that:…”
Bennett v. Off. of Fed. Emp.'s Grp. Life Ins., 683 F. App'x 186 (4th Cir. 2017). “5 U.S.C.A. § 8709 (d)(1). In interpreting a similar preemption provision in the Employee Retirement and Income Security Act of 1974 (“ERISA”), 29 U.”
In Re Est. of Anderson, 552 N.E.2d 429 (Ill. App. Ct. 1990). “” ( 5 U.S.C. §8709 (d)(1) (1988).) Section 8705(a), which governs the payment of death benefits, provides: “(a) The amount of group life insurance and group accidental death insurance in force on an employee at the date of his death shall be paid, on the establishment of a valid…”
Metro. Life Ins. Co. v. Hawkins, 970 F. Supp. 550 (E.D. La. 1997). · cites it 4× “Specifically, they argue that 5 U.S.C.A. § 8709 (d)(1) calls for express preemption.”
Mall v. Atl. Fin. Fed., 127 F.R.D. 107 (W.D. Pa. 1989). “which relates to group life insurance to the extent that the law or regulations is inconsistent with the contractual provisions, (emphasis added) 5 U.S.C. § 8709 (d)(1). Pennsylvania law applicable to punitive damages does not *111 “relate to group life insurance,” but rather is…”
Mercier v. Mercier, 721 F. Supp. 1124 (D.N.D. 1989). “” 5 U.S.C. § 8709 (d)(1) (emphasis added). Congress has further provided that the Office of Personnel Management (OPM) has the power to prescribe regulations to carry out the purposes envisioned by FEG-LI.”
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— 5 U.S.C. § 8709(d)(1) — 1 case
McCord v. Spradling, 830 So. 2d 1188 (Miss. 2002). “Next, the Missouri court examined Section 8709(d)(1), which states in relevant part the following: The provisions of any contract under this chapter which relate to the nature or extent of coverage or benefits (including payments with respect to benefits) shall supersede and…”
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