Federal · Title 5 — Government Organization and Employees

5 U.S.C. § 8701: Definitions

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an employee as defined by section 2105 of this title ; a Member of Congress as defined by section 2106 of this title ; a Congressional employee as defined by section 2107 of this title ; the President; a justice or judge of the United States appointed to hold office during good behavior (i) who is in regular active judicial service, or (ii) who is retired from regular active service under section 371(b) or 372(a) of title 28, United States Code, or (iii) who has resigned the judicial office under section 371(a) of title 28 with the continued right during the remainder of his lifetime to receive the salary of the office at the time of his resignation; an individual first employed by the government of the District of Columbia before October 1, 1987 ; an individual employed by Gallaudet College; 1 1 See Change of Name note below. an individual employed by a county committee established under section 590h(b) of title 16 ; an individual appointed to a position on the office staff of a former President under section 1(b) of the Act of August 25, 1958 ( 72 Stat. 838 ); and an individual appointed to a position on the office staff of a former President, or a former Vice President under section 5 of the Presidential Transition Act of 1963, as amended ( 78 Stat. 153 ), who immediately before the date of such appointment was an employee as defined under any other paragraph of this subsection; an employee of a corporation supervised by the Farm Credit Administration if private interests elect or appoint a member of the board of directors; an individual who is not a citizen or national of the United States and whose permanent duty station is outside the United States, unless the individual was an employee for the purpose of this chapter on September 30, 1979 , by reason of service in an Executive agency, the United States Postal Service, or the Smithsonian Institution in the area which was then known as the Canal Zone; or an employee excluded by regulation of the Office of Personnel Management under section 8716(b) of this title . Notwithstanding subsection (a) of this section, the employment of a teacher in the recess period between two school years in a position other than a teaching position in which he served immediately before the recess period does not qualify the individual as an employee for the purpose of this chapter. For the purpose of this subsection, “teacher” and “teaching position” have the meanings given them by section 901 of title 20 . the annual rate of basic pay payable to the employee, rounded to the next higher multiple of $1,000, plus $2,000, or $10,000. the spouse of the individual; and who is less than 22 years of age, or who is 22 years of age or older and is incapable of self-support because of a mental or physical disability which existed before the child became 22 years of age. For the purpose of this subsection, “dependent”, in the case of any child, means that the individual involved was, at the time of the child’s death, either living with or contributing to the support of the child, as determined in accordance with the regulations the Office shall prescribe. Except as otherwise provided in this Act [see Short Title of 1998 Amendment note below], the amendments made by this Act shall take effect on the date of enactment of this Act [ Oct. 30, 1998 ]. Section 3 [amending this section and section 8714b of this title ] shall take effect on the first day of the first applicable pay period beginning on or after the date of enactment of this Act. Section 5 [amending section 8706 of this title ] shall be effective in any case in which a finding of erroneous insurance coverage is made on or after the date of enactment of this Act. Section 6 [amending sections 8707 and 8714a to 8714c of this title] shall take effect on the first day of the first applicable pay period beginning on or after the date of enactment of this Act. Section 7 [amending section 8714b of this title and enacting provisions set out as a note under section 8714b of this title ] shall take effect on the first day of the first pay period that begins on or after the 180th day following the date of enactment of this Act, or on any earlier date that the Office of Personnel Management may prescribe that is at least 60 days after the date of enactment of this Act. separated from service before such effective date due to retirement or entitlement to compensation under subchapter I of chapter 81 of title 5, United States Code; and continued additional optional insurance pursuant to section 8714b(c)(2) as in effect immediately before such effective date. The amendments made by section 8 [amending section 8714c of this title ] shall take effect on the first day of the first pay period which begins on or after the 180th day following the date of enactment of this Act or on any earlier date that the Office of Personnel Management may prescribe. begins on or after the date occurring 365 days after the first day of the election period authorized under section 9; and follows a pay period in which the employee was in a pay and duty status.” Unless otherwise specified, this Act [see Short Title note below] shall take effect on the date of the enactment of this Act [ Oct. 10, 1980 ] and shall have no effect in the case of an employee who died, was separated, or retired before the date of enactment. The amendment made by subsection (d) of section 2 of this Act [amending section 8704 of this title ] shall apply with respect to premium pay payable under section 5545(c)(2) of title 5 , United States Code, from and after the first day of the first pay period which begins on or after the date of the enactment of this Act [ Oct. 10, 1980 ]. The amendment made by section 3 of this Act [amending section 8706 of this title ] shall apply only in the case of an employee who retires or become entitled to receive compensation for work injury on or after the 180th day following the date of the enactment of this Act [ Oct. 10, 1980 ], or any earlier date that the Office of Personnel Management may prescribe which is at least 60 days after the date of enactment. The amendments made by sections 7 and 8 of this Act [enacting sections 8714b and 8714c of this title and amending this section] shall take effect on the first day of the first pay period which begins on or after the 180th day following the date of the enactment of this Act [ Oct. 10, 1980 ], or on any earlier date that the Office may prescribe which is at least 60 days after the date of enactment, and shall have no effect in the case of an employee who died, was finally separated, or retired before the effective date.” United States magistrate judges. Bankruptcy judges appointed under chapter 6 of title 28, United States Code. Judges of the District Court of Guam, judges of the District Court for the Northern Mariana Islands, and judges of the District Court of the Virgin Islands. Bankruptcy judges and magistrate judges retired under section 377 of title 28 , United States Code. Judges retired under section 373 of title 28 , United States Code.” may, if the employee previously declined or voluntarily terminated any coverage under chapter 87 of such title, elect to begin, resume, or increase group life insurance (and acquire applicable accidental death and dismemberment insurance) under all sections of such chapter without submitting evidence of insurability; and may, if currently insured for optional life insurance on family members, elect an amount above the minimum insurance on a spouse.” may elect to begin, or to resume, group life insurance and group accidental death and dismemberment insurance; and may make such other elections under such chapter as the Office may allow; and such other elections as the Office allows may be made. The Office shall take such action as may be necessary to ensure that employees and any other individuals who would be eligible to make an election under this subsection are afforded advance notification to that effect.”

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