Title 5Government Organization and EmployeesRelease 119-73

§8714d Option to receive “living benefits”

Title 5 › Part PART III— - EMPLOYEES › Subpart Subpart G— - Insurance and Annuities › Chapter CHAPTER 87— - LIFE INSURANCE › § 8714d

Last updated Apr 6, 2026|Official source

Summary

The Office of Personnel Management must write rules so people with federal group life insurance who are terminally ill can choose a one-time lump-sum "living benefit." A person is "terminally ill" if a doctor says they are expected to live 9 months or less. The lump sum can be the full insurance amount or a part of it in multiples of $1,000. The payment is figured based on a date set by the rules but no later than 30 days after the application is approved. The payment also includes any extra amount needed so the insurer’s cost does not go up. To apply, you must give the proof the rules require, including a doctor’s statement about the 9‑month prognosis. The agency can require a medical exam at no cost to you. The agency’s decision is final and not open to administrative review. If you take the lump sum, no further death benefits are payable unless you took only part of the benefit; then the remaining insurance is cut by the same percentage and rounded to the nearest $1,000. Payroll deductions and contributions stop or are reduced after the payment date. You can still buy optional coverage if you pay its full cost. The choice is final and may be made only once. Certain people cannot choose a partial payment, and the rules must cover a special rule for those age 65.

Full Legal Text

Title 5, §8714d

Government Organization and Employees — Source: USLM XML via OLRC

(a)For the purpose of this section, an individual shall be considered to be “terminally ill” if such individual has a medical prognosis that such individual’s life expectancy is 9 months or less.
(b)The Office of Personnel Management shall prescribe regulations under which any individual covered by group life insurance under section 8704(a) may, if such individual is terminally ill, elect to receive a lump-sum payment equal to—
(1)the full amount of insurance under section 8704(a) (or portion thereof designated for this purpose under subsection (d)(4)) which would otherwise be payable under this chapter (on the establishment of a valid claim)—
(A)computed based on a date determined under regulations of the Office (but not later than 30 days after the date on which the individual’s application for benefits under this section is approved or deemed approved under subsection (d)(3)); and
(B)assuming continued coverage under this chapter at that time;
(2)an amount necessary to assure that there is no increase in the actuarial value of the benefit paid (as determined under regulations of the Office).
(c)(1)If a lump-sum payment is taken under this section—
(A)no insurance under the provisions of section 8704(a) or (b) shall be payable based on the death or any loss of the individual involved, unless the lump-sum payment represents only a portion of the total benefits which could have been taken, in which case benefits under those provisions shall remain in effect, except that the basic insurance amount on which they are based—
(i)shall be reduced by the percentage which the designated portion comprised relative to the total benefits which could have been taken (rounding the result to the nearest multiple of $1,000 or, if midway between multiples of $1,000, to the next higher multiple of $1,000); and
(ii)shall not be subject to further adjustment; and
(B)deductions and withholdings under section 8707, and contributions under section 8708, shall be terminated with respect to such individual (or reduced in a manner consistent with the percentage reduction in the individual’s basic insurance amount, if applicable), effective with respect to any amounts which would otherwise become due on or after the date of payment under this section.
(2)An individual who takes a lump-sum payment under this section (whether full or partial) remains eligible for optional benefits under section 8714a–8714c (subject to payment of the full cost of those benefits in accordance with applicable provisions of the section or sections involved, to the same extent as if no election under this section had been made).
(d)(1)The Office’s regulations shall include provisions regarding the form and manner in which an application under this section shall be made and the procedures in accordance with which any such application shall be considered.
(2)An application shall not be considered to be complete unless it includes such information and supporting evidence as the regulations require, including certification by an appropriate medical authority as to the nature of the individual’s illness and that the individual is not expected to live more than 9 months because of that illness.
(3)(A)In order to ascertain the reliability of any medical opinion or finding submitted as part of an application under this section, the covered individual may be required to submit to a medical examination under the direction of the agency or entity considering the application. The individual shall not be liable for the costs associated with any examination required under this subparagraph.
(B)Any decision by the reviewing agency or entity with respect to an application for benefits under this section (including one relating to an individual’s medical prognosis) shall not be subject to administrative review.
(4)(A)An individual making an election under this section may designate that only a limited portion (expressed as a multiple of $1,000) of the total amount otherwise allowable under this section be paid pursuant to such election.
(B)A designation under this paragraph may not be made by an individual described in paragraph (1) or (2) of section 8706(b).
(5)An election to receive benefits under this section shall be irrevocable, and not more than one such election may be made by any individual.
(6)The regulations shall include provisions to address the question of how to apply section 8706(b)(3)(B) in the case of an electing individual who has attained 65 years of age.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

of 1994 Amendment Pub. L. 103–409, § 3(a), Oct. 25, 1994, 108 Stat. 4232, provided that: “The

Amendments

made by section 2 [enacting this section] shall take effect 9 months after the date of the enactment of this Act [Oct. 25, 1994].”

Reference

Citations & Metadata

Citation

5 U.S.C. § 8714d

Title 5Government Organization and Employees

Last Updated

Apr 6, 2026

Release point: 119-73