§8711 — Title 5 Government Organization and Employees | U.S. Code

Summary

Require policies to include basic premium rates for the first policy year. For group life, the rates must be by age and match the lowest common rates charged for new group life plans sold to large employers. For accidental death and dismemberment (AD&D), the basic rate must match the lowest common AD&D rate for new group plans to large employers. Keep those first‑year rates for later years unless the insurer adjusts them because of the policy’s actual experience. The insurer can use a rate‑change method only if the Office of Personnel Management (OPM) approves it beforehand. If finding the true age mix would be too costly, OPM can allow a tentative average life rate and must redo that rate if the insurer asks and experience shows the assumptions were wrong. The policy must show the maximum expense and risk charges for the first year. OPM sets those limits to match what similar insurers charge for large‑employer group plans. The limits continue each year unless OPM changes them by agreement or gives the insurer written notice at least 1 year before the change takes effect.

Title 5, §8711

Government Organization and Employees — Source: USLM XML via OLRC

(a)A policy purchased under this chapter shall include, for the first policy year, basic tables of premium rates as follows:

(1)For group life insurance, a schedule of basic premium rates by age which the Office of Personnel Management determines to be consistent with the lowest schedule of basic premium rates generally charged for new group life insurance policies issued to large employers.

(2)For group accidental death and dismemberment insurance, a basic premium rate which the Office determines is consistent with the lowest rate generally charged for new group accidental death and dismemberment policies issued to large employers.

(b)The policy shall provide that the basic premium rates determined for the first policy year continue for later policy years except as readjusted for a later year based on experience under the policy. The company issuing the policy may make the readjustment on a basis that the Office determines in advance of the policy year is consistent with the general practice of life insurance companies under policies of group life and group accidental death and dismemberment insurance issued to large employers.

(c)The policy shall provide that if the Office determines that ascertaining the actual age distribution of the amounts of group life insurance in force at the date of issue of the policy or at the end of the first or any later year of insurance thereunder would not be possible except at a disproportionately high expense, the Office may approve the determination of a tentative average group life premium rate, for the first or any later policy year, instead of using the actual age distribution. The Office, on request by the company issuing the policy, shall redetermine the tentative average premium rate during any policy year, if experience indicates that the assumptions made in determining that rate were incorrect for that year.

(d)The policy shall stipulate the maximum expense and risk charges for the first policy year. The Office shall determine these charges on a basis consistent with the general level of charges made by life insurance companies under policies of group life and accidental death and dismemberment insurance issued to large employers. The maximum charges continue from year to year, except that the Office may redetermine them for any year either by agreement with the company issuing the policy or on written notice given to the company at least 1 year before the beginning of the year for which the redetermined maximum charges will be effective.

Notes & Related Subsidiaries

Historical and Revision Notes

DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 2097 (less (d)).Aug. 17, 1954, ch. 752, § 8 (less (d)), 68 Stat. 740. In subsection (a), the word “policy” is substituted for “policy or policies” on authority of 1 U.S.C. 1. In subsections (b) and (c), the words “The policy” are substituted for “Each policy so purchased”. In subsections (b), (c), and (d), the word “insurance”, preceding the word “company”, is omitted as unnecessary; and the word “company” is substituted for “company or companies” on authority of 1 U.S.C. 1. 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 Notes

Amendments

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

Statutory Notes and Related Subsidiaries

Effective Date

of 1978 AmendmentAmendment 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.

§8711 Basic tables of premium rates