5 U.S.C. § 8716

Regulations

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(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 employment, 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 employment;(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 appointment 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 prescribe 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.
(b), (c)	5 U.S.C. 2091(a) (words between 6th and 7th commas of 1st sentence and 2d sentence), (d) (words between 1st and 2d commas of 1st sentence, and 2d sentence).	Aug. 17, 1954, ch. 752, § 2(a) (words between 6th and 7th commas of 1st sentence and 2d sentence), 68 Stat. 736. July 1, 1960, Pub. L. 86–568, § 115(c) “(d) (words between 1st and 2d commas of 1st sentence, and 2d sentence)”, 74 Stat. 302.
		Oct. 6, 1964, Pub. L. 88–631, § 2, 78 Stat. 1007.

In subsection (a), the words “Except as otherwise provided herein” are omitted as unnecessary since the authority to prescribe regulations is carried into this section.

In subsection (b), the words “section 1501 of title 31, District of Columbia Code” are substituted for “section 1 of the District of Columbia Teachers’ Salary Act of 1955 (69 Stat. 521), as amended (Sec. 31–1501, D.C. Code, 1961 edition)”.

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

1978—Subsec. (a). Pub. L. 95–454, § 906(a)(2), substituted “Office of Personnel Management” for “Civil Service Commission”.

Subsec. (b). Pub. L. 95–454, § 906(a)(3), substituted “Office” for “Commission” wherever appearing.

Pub. L. 95–437 substituted “intermittent employment” for “intermittent or part-time employment” in provision preceding par. (1), and added par. (3).

Pub. L. 95–454, § 906(c)(2)(F), (G), substituted “3401” for “3391” in par. (3).

Statutory Notes and Related SubsidiariesEffective 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 27 cases (4 in the last 5 years), 1971–2025 · leading case: Hillman v. Maretta, 133 S. Ct. 1943 (2013).

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Hillman v. Maretta, 133 S. Ct. 1943 (2013). “5 U.S.C. § 8716 . Pursuant to the authority granted to it by FEGLIA, OPM entered into a life insurance contract with the Metropolitan Life Insurance Company.”

Metro. Life Ins. v. McShan, 577 F. Supp. 165 (N.D. Cal. 1983). “5 U.S.C. § 8716 (a) (1982). Pursuant to this section, regulation 870.”

Hardy v. Hardy, 963 N.E.2d 470 (Ind. 2012). “5 U.S.C. § 8716 (a) (2006). Mary Jo directs us to several FEGLIA provisions and the United States Supreme Court’s decision in Ridgway v.”

Knowles v. Metro. Life Ins., 514 F. Supp. 515 (N.D. Ga. 1981). “However, the insurance policy in question is not a private contract between the insured and the insurer, but a federal policy administered under federal law.”

Garner v. United States Off. of Pers. Mgmt., 633 F. Supp. 995 (E.D. Pa. 1986). · cites it 3× “” under 5 U.S.C. § 8716 and 5 CFR § 870 .-202(a)(2).”

Kidd v. Pritzel, 821 S.W.2d 566 (Mo. Ct. App. 1991). “5 U.S.C. § 8716 (b). The purpose of FEG-LIA is to make low-cost group life insurance available to federal employees.”

Mercier v. Mercier, 721 F. Supp. 1124 (D.N.D. 1989). “5 U.S.C. § 8716 (a). The OPM’s regulations also specify that a beneficiary designation must be in writing and received in the employing office before the death of the insured, a change of beneficiary in a will or other document not filed as required by the regulations has no…”

Kathleen M. Chrobak v. Metro. Life Ins. Co., a Foreign Corp., 517 F.2d 883 (7th Cir. 1975). “5 U.S.C. § 8716 (b). Pursuant to this purpose, the Commission secured a contract of group insurance with Metropolitan providing for regular and optional insurance.”

Fair v. Moore, 397 A.2d 976 (D.C. 1979). “Furthermore, while 5 U.S.C. § 8716 (1970) accords authority to the U.”

Michael F. McDade v. Robert E. Hampton, 469 F.2d 142 (D.C. Cir. 1972). “5 U.S.C. § 8716 (a), 5 C.F.R. § 870.202 .”

Metro. Washington Airports Auth. Prof'l Fire Fighters Ass'n Local 3217 v. United States, 959 F.2d 297 (D.C. Cir. 1992). “The health insurance package was based upon an advisory memorandum prepared by the Office of Personnel Management, which has regulatory responsibility for federal employees’ insurance plans, see 5 U.S.C. §§ 8716 , 8913. Once the package was ready, the Secretary submitted it to…”

Tariku Keira v. United States, 351 F. App'x 343 (11th Cir. 2009). “§ 8461 (b), and the Federal Employees’ Group Life Insurance (“FEGLI”), 5 U.S.C. § 8716 . Administrative actions or orders arising under CSRS or FERS are appealed to the Merit Systems Protection Board (“MSPB”).”

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