Title 5 — Government Organization and EmployeesRelease 119-73
§8714a Optional insurance
Title 5 › Part PART III— - EMPLOYEES › Subpart Subpart G— - Insurance and Annuities › Chapter CHAPTER 87— - LIFE INSURANCE › § 8714a
Summary
OPM can buy a group policy that offers optional life insurance and matching accidental death and dismemberment (AD&D) insurance for employees. The optional coverage is added on top of the basic life insurance an employee already has. Employees who are deployed for a contingency operation (see 10 U.S.C. 101(a)(13)) or are DoD employees designated emergency essential (see 10 U.S.C. 1580) can sign up within 60 days after they are told they will deploy or be designated. The extra insurance amounts are set by OPM but cannot exceed the greater of $10,000 or whatever amount makes the employee’s total life insurance equal to their annual pay. Optional coverage usually ends when an employee leaves federal service or 12 months after pay stops, unless temporary extension or conversion to an individual policy applies. Employees who retire on an immediate annuity or who get workers’ compensation and who were insured for the 5 years before retirement (or for their whole insured service if less than 5 years) can keep optional coverage. After such a person reaches age 65 and is retired or receiving compensation, their optional life amount is cut by 2 percent each full calendar month, but OPM will set a floor not lower than 25 percent of the amount in force before reductions. The full cost is withheld from pay, annuity, or compensation while insured; at the end of the month the person turns 65, optional life insurance becomes free. Agencies may waive collection of missed withholdings in certain fair cases, but if they do they must send the uncollected amount to OPM. OPM sets the cost rates by age groups. The insurance benefit at death is paid as provided for life insurance.
Full Legal Text
Title 5, §8714a
Government Organization and Employees — Source: USLM XML via OLRC
(a)Under the conditions, directives, and terms specified in section 8709–8712 of this title, the Office of Personnel Management, without regard to section 6101(b) to (d) of title 41, may purchase a policy which shall make available to each insured employee equal amounts of optional life insurance and accidental death and dismemberment insurance in addition to the amounts provided in section 8704(a) of this title.
(b)(1)An employee who is deployed in support of a contingency operation (as that term is defined in section 101(a)(13) of title 10) or an employee of the Department of Defense who is designated as emergency essential under section 1580 of title 10 shall be insured under the policy of insurance under this section if the employee, within 60 days after the date of notification of deployment or designation, elects to be insured under the policy of insurance. An election under this paragraph shall be effective when provided to the Office in writing, in the form prescribed by the Office, within such 60-day period.
(2)The optional life insurance and accidental death and dismemberment insurance shall be made available to each insured employee under such conditions as the Office shall prescribe and in amounts approved by the Office but not more than the greater of $10,000 or an amount which, when added to the amount provided in section 8704(a) of this title, makes the sum of his insurance equal to his annual pay.
(c)(1)Except as otherwise provided in this subsection, the optional insurance on an employee stops on his separation from service or 12 months after discontinuance of his pay, whichever is earlier, subject to a provision for temporary extension of life insurance coverage and for conversion to an individual policy of life insurance under conditions approved by the Office.
(2)(A)In the case of any employee who retires on an immediate annuity and has been insured under this section throughout—
(i)the 5 years of service immediately preceding the date of such retirement, or
(ii)the full period or periods of service during which the employee was entitled to be insured, if less than 5 years,
(B)In the case of any employee who becomes entitled to receive compensation under subchapter I of chapter 81 of this title because of disease or injury to the employee and has been insured under this section throughout—
(i)the 5 years of service immediately preceding the date such employee becomes entitled to such compensation, or
(ii)the full period or periods of service during which the employee was entitled to be insured, if less than 5 years,
(C)The amount of optional life insurance continued under subparagraph (A) or subparagraph (B) of this paragraph shall be reduced by 2 percent at the end of each full calendar month after the date the employee becomes 65 years of age and is retired or is receiving compensation for disease or injury. The Office shall prescribe minimum amounts, not less than 25 percent of the amount of life insurance in force before the first reduction, to which the insurance may be reduced.
(3)Notwithstanding paragraph (c)(1) of this section,11 So in original. Probably should be “paragraph (1) of this subsection,”. a justice or judge of the United States as defined by section 8701(a)(5) of this title who resigns his office without meeting the requirements of section 371(a) of title 28, United States Code, for continuation of the judicial salary shall have the right to convert regular optional life insurance coverage issued under this section during his judicial service to an individual policy of life insurance under the same conditions approved by the Office governing conversion of basic life insurance coverage for employees eligible as provided in section 8706(a) of this title.
(d)(1)During each period in which an employee has the optional insurance the full cost thereof shall be withheld from his pay. During each period in which an employee continues optional life insurance after retirement or while in receipt of compensation for work injuries, as provided in section 8706(b) of this title, the full cost thereof shall be withheld from his annuity or compensation, except that, at the end of the calendar month in which he becomes 65 years of age, the optional life insurance shall be without cost to him. Amounts so withheld shall be deposited, used, and invested as provided in section 8714 of this title and shall be reported and accounted for separately from amounts withheld and contributed under section 8707 and 8708 of this title.
(2)If an agency fails to withhold the proper cost of optional insurance from an individual’s salary, compensation, or retirement annuity, the collection of amounts properly due may be waived by the agency if, in the judgment of the agency, the individual is without fault and recovery would be against equity and good conscience. However, if the agency so waives the collection of any unpaid amount, the agency shall submit an amount equal to the uncollected amount to the Office for deposit to the Employees’ Life Insurance Fund.
(3)Notwithstanding paragraph (1), an employee who is subject to withholdings under this subsection and whose pay, annuity, or compensation is insufficient to cover such withholdings may nevertheless continue optional insurance if the employee arranges to pay currently into the Employees’ Life Insurance Fund, through the agency or retirement system which administers pay, annuity, or compensation, an amount equal to the withholdings that would otherwise be required under this subsection.
(e)The cost of the optional insurance shall be determined from time to time by the Office on the basis of such age groups as it considers appropriate.
(f)The amount of optional life, or life and accidental death, insurance in force on an employee at the date of his death shall be paid as provided in section 8705 of this title.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Amendments
2011—Subsec. (a). Pub. L. 111–350 substituted “section 6101(b) to (d) of title 41” for “section 5 of title 41”. 2008—Subsec. (b). Pub. L. 110–417 designated existing provisions as par. (2) and added par. (1). 1998—Subsec. (d)(3). Pub. L. 105–311 added par. (3). 1986—Subsec. (c)(1). Pub. L. 99–336 amended Pub. L. 98–353, § 206, generally. See 1984 Amendment note below. Pub. L. 99–335 amended par. (1) generally, effective Jan. 1, 1987. Prior to such
Effective Date
, par. (1) read as follows: “The optional insurance on an employee stops on his separation from service, 12 months after discontinuance of his pay, or on his entry on active duty or active duty for training, as provided in section 8706(a) and 8706(c) of this title. Justices and judges of the United States described in section 8701(a)(5)(ii) and (iii) of this chapter are deemed to continue in active employment for purposes of this chapter.” 1984—Subsec. (c)(1). Pub. L. 98–353, § 206, as amended generally by Pub. L. 99–336, inserted sentence which deemed justices and judges described in section 8701(a)(5)(ii) and (iii) of this chapter to continue in active employment for purposes of this chapter. Subsec. (c)(3). Pub. L. 98–353, § 206, added par. (3). 1980—Subsec. (c)(2)(C). Pub. L. 96–427, § 6(a), substituted provisions that the amount of optional life insurance shall be reduced by 2% at the end of each calendar month after the date the employee becomes 65 years of age and is retired or is receiving compensation for disease or injury and that the Office shall prescribe minimum amount of life insurance in force before the first reduction to which the insurance may be reduced for provisions that such optional insurance be subject to the same monthly reductions as required for regular life insurance under section 8706(b)(3) of this title. Subsec. (d). Pub. L. 96–427, § 6(b), designated existing provisions as par. (1) and added par. (2). 1978—Subsecs. (a), (b). Pub. L. 95–454 substituted “Office of Personnel Management” for “Civil Service Commission” and “Office” for “Commission” wherever appearing. Subsec. (c)(1). Pub. L. 95–583, § 1(c)(1), substituted reference to section “8706(c)” for “8706(d)”. Subsec. (c)(2). Pub. L. 95–583, § 1(c)(2), added par. (2) and struck out former par. (2) which read as follows: “So much of the optional life insurance in force on an employee on the date he retires on an immediate annuity or becomes entitled to receive compensation for work injuries which has been in force for not less than— “(A) the full period or periods of service during which the optional insurance was available to him; or “(B) the 12 years of service immediately preceding his retirement or beginning date of entitlement to compensation for work injuries and during which the optional insurance was available to him; whichever is shorter, may be continued— “(A) after retirement, under the same conditions (except with respect to cost but including reduction of the amount continued) as provided in section 8706(b) of this title; or “(B) while in receipt of compensation for work injuries under the same conditions (except with respect to cost) as provided in section 8706(c) of this title.” Pub. L. 95–454, which substituted “Office” for “Commission”, was executed to text of subsec. (c)(2) as amended by Pub. L. 95–583. See
Effective Date
of 1978
Amendments
note below. Subsec. (d). Pub. L. 95–583, § 1(c)(3), struck out “or 8706(c)” after “section 8706(b)”. Subsec. (e). Pub. L. 95–454 substituted “Office” for “Commission”.
Statutory Notes and Related Subsidiaries
Effective Date
of 1998 AmendmentAmendment by Pub. L. 105–311 effective on the first day of the first applicable pay period beginning on or after Oct. 30, 1998, see section 11(d) of Pub. L. 105–311, set out as a note under section 8701 of this title.
Effective Date
of 1986 AmendmentAmendment by Pub. L. 99–335 effective Jan. 1, 1987, see section 702(a) of Pub. L. 99–335, set out as an
Effective Date
note under section 8401 of this title.
Effective Date
of 1984 AmendmentAmendment by Pub. L. 98–353, § 206, as amended generally by Pub. L. 99–336, § 7(1), applicable to any justice or judge who retires under 28 U.S.C. 371(a) or (b) or 372(a) on or after January 1, 1982, see section 207 of Pub. L. 98–353, as amended generally by Pub. L. 99–336, § 7(2), set out as a note under section 8706 of this title.
Effective Date
of 1980 AmendmentAmendment by Pub. L. 96–427 effective Oct. 10, 1980, with 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
Amendments
Amendment by Pub. L. 95–583 effective Nov. 2, 1978, see section 3 of Pub. L. 95–583, set out as a note under section 8706 of this title. 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.
Effective Date
Pub. L. 90–206, title IV, § 405(b), Dec. 16, 1967, 81 Stat. 648, provided that: “(1) The
Amendments
made by section 404 of this Act [enacting this section and amending analysis preceding section 8701 of this title] shall take effect on the first day of the first pay period which begins on or after the one hundred and eightieth day following the date of enactment [Dec. 16, 1967], or on any earlier date that the Civil Service Commission may prescribe, which is at least sixty days after the date of enactment [Dec. 16, 1967]. In the case of an employee who dies during the period beginning on the date of enactment [Dec. 16, 1967] and ending on the
Effective Date
prescribed by or pursuant to this subsection, or during the sixty days immediately following such period if the Commission determines that he did not have a reasonable opportunity to elect the optional insurance made available by section 404, the insurance of such employee shall be determined as if the
Amendments
made by section 404 had been in effect on the date of such death, and the employee had elected to receive the maximum amount of optional insurance available to him under such
Amendments
. An employee who retires during the period beginning on the date of enactment and ending on the
Effective Date
prescribed by or pursuant to this subsection shall have an opportunity to elect the optional insurance made available by section 404. “(2) In the case of an employee in the service on the
Effective Date
prescribed by or pursuant to this subsection, (i) the period during which such employee may elect to receive optional insurance under the amendment made by section 404 shall not expire prior to the sixtieth day after such
Effective Date
, and (ii) for the purpose of determining the amount of insurance to be continued after retirement, the period during which such optional insurance was available to such employee shall not be considered to have commenced prior to the expiration of sixty days following such
Effective Date
.” Retroactive EffectEnactment of this section by Pub. L. 90–206 to have no effect in the case of an employee who died, was finally separated, or retired prior to Dec. 16, 1967, see section 405(c) of Pub. L. 90–206, set out as an Retroactive Effect of 1967 Amendment note under section 8704 of this title. Availability of Certain Funds in Employees’ Life Insurance Fund Pub. L. 96–427, § 11, Oct. 10, 1980, 94 Stat. 1838, provided that: “Amounts credited to the Employees’ Life Insurance Fund under section 8714a(d) of title 5, United States Code shall be available for expenses incurred by the Office of Personnel Management in implementing the
Amendments
Reference
Citations & Metadata
Citation
5 U.S.C. § 8714a
Title 5 — Government Organization and Employees
Last Updated
Apr 6, 2026
Release point: 119-73