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5 U.S.C. § 8981 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8981. Definitions
In this chapter:
(1) The term “employee” means an employee defined under section 8901(1) and an employee of the District of Columbia courts.
(2) The terms “annuitant”, “member of family”, and “dependent” have the meanings as such terms are defined under paragraphs (3), (5), and (9), respectively, of section 8901.
(3) The term “eligible individual” refers to an individual described in paragraph (1) or (2), without regard to whether the individual is enrolled in a health benefits plan under chapter 89.
(4) The term “Office” means the Office of Personnel Management.
(5) The term “qualified company” means a company (or consortium of companies or an employee organization defined under section 8901(8)) that offers indemnity, preferred provider organization, health maintenance organization, or discount vision programs and if required is licensed to issue applicable coverage in any number of States, taking any subsidiaries of such a company into account (and, in the case of a consortium, considering the member companies and any subsidiaries thereof, collectively).
(6) The term “employee organization” means an association or other organization of employees which is national in scope, or in which membership is open to all employees of a Government agency who are eligible to enroll in a health benefits plan under chapter 89.
(7) The term “State” includes the District of Columbia.
(Added Pub. L. 108–496, § 3, Dec. 23, 2004, 118 Stat. 4006; amended Pub. L. 109–356, title I, § 117(a)(2), Oct. 16, 2006, 120 Stat. 2027.)
heading: Amendments
text: 2006—Par. (1). Pub. L. 109–356, which directed insertion of “and an employee of the District of Columbia courts” at end of par. (1), was executed by making the insertion before the period, to reflect the probable intent of Congress.
heading: Effective Date
text: Chapter effective Dec. 23, 2004, and applicable to contracts that take effect with respect to the calendar year 2006, see section 7 of Pub. L. 108–496, set out as a note under section 8951 of this title.
5 U.S.C. § 8982 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8982. Availability of vision benefits
(a) The Office shall establish and administer a program through which an eligible individual may obtain vision coverage to supplement coverage available through chapter 89.
(b) The Office shall determine, in the exercise of its reasonable discretion, the financial requirements for qualified companies to participate in the program.
(c) Nothing in this chapter shall be construed to prohibit the availability of vision benefits provided by health benefits plans under chapter 89.
(Added Pub. L. 108–496, § 3, Dec. 23, 2004, 118 Stat. 4007.)
5 U.S.C. § 8984 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8984. Benefits
(a) The Office may prescribe reasonable minimum standards for enhanced vision benefits plans offered under this chapter and for qualified companies offering the plans.
(b) Each contract may include more than 1 level of benefits that shall be made available to all eligible individuals.
(c) The benefits to be provided under enhanced vision benefits plans under this chapter may be of the following types:
(1) Diagnostic (to include refractive services).
(2) Preventive.
(3) Eyewear.
(d) A contract approved under this chapter shall require the qualified company to cover the geographic service delivery area specified by the Office. The Office shall require qualified companies to include visually underserved areas in their service delivery areas.
(e) If an individual has vision coverage under a health benefits plan under chapter 89 and also has coverage under a plan under this chapter, the health benefits plan under chapter 89 shall be the first payor of any benefit payments.
(Added Pub. L. 108–496, § 3, Dec. 23, 2004, 118 Stat. 4008.)
5 U.S.C. § 8985 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8985. Information to individuals eligible to enroll
(a) The qualified companies at the direction and with the approval of the Office, shall make available to each individual eligible to enroll in a vision benefits plan information on services and benefits (including maximums, limitations, and exclusions), that the Office considers necessary to enable the individual to make an informed decision about electing coverage.
(b) The Office shall make available to each individual eligible to enroll in a vision benefits plan, information on services and benefits provided by qualified companies participating under chapter 89.
(Added Pub. L. 108–496, § 3, Dec. 23, 2004, 118 Stat. 4008.)
5 U.S.C. § 8986 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8986. Election of coverage
(a) An eligible individual may enroll in a vision benefits plan for self-only, self plus one, or for self and family. If an eligible individual has a spouse who is also eligible to enroll, either spouse, but not both, may enroll for self plus one or self and family. An individual may not be enrolled both as an employee, annuitant, or other individual eligible to enroll and as a member of the family.
(b) The Office shall prescribe regulations under which—
(1) an eligible individual may enroll in a vision benefits plan; and
(2) an enrolled individual may change the self-only, self plus one, or self and family coverage of that individual.
(c)
(1) Regulations under subsection (b) shall permit an eligible individual to cancel or transfer the enrollment of that individual to another vision benefits plan—
(A) before the start of any contract term in which there is a change in rates charged or benefits provided, in which a new plan is offered, or in which an existing plan is terminated; or
(B) during other times and under other circumstances specified by the Office.
(2) A transfer under paragraph (1) shall be subject to waiting periods provided under a new plan.
(Added Pub. L. 108–496, § 3, Dec. 23, 2004, 118 Stat. 4008.)
5 U.S.C. § 8987 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8987. Coverage of restored survivor or disability annuitants
A surviving spouse, disability annuitant, or surviving child whose annuity is terminated and is later restored, may continue enrollment in a vision benefits plan subject to the terms and conditions prescribed in regulations issued by the Office.
(Added Pub. L. 108–496, § 3, Dec. 23, 2004, 118 Stat. 4009.)
5 U.S.C. § 8988 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8988. Premiums
(a) Each eligible individual obtaining supplemental vision coverage under this chapter shall be responsible for 100 percent of the premiums for such coverage.
(b) The Office shall prescribe regulations specifying the terms and conditions under which individuals are required to pay the premiums for enrollment.
(c) The amount necessary to pay the premiums for enrollment may—
(1) in the case of an employee, be withheld from the pay of such an employee; or
(2) in the case of an annuitant, be withheld from the annuity of such an annuitant.
(d) All amounts withheld under this section shall be paid directly to the qualified company.
(e) Each participating qualified company shall maintain accounting records that contain such information and reports as the Office may require.
(f)
(1) The Employee Health Benefits Fund is available, without fiscal year limitation, for reasonable expenses incurred by the Office in administering this chapter before the first day of the first contract period, including reasonable implementation costs.
(2)
(A) There is established in the Employees Health Benefits Fund a Vision Benefits Administrative Account, which shall be available to the Office, without fiscal year limitation, to defray reasonable expenses incurred by the Office in administering this chapter after the start of the first contract year.
(B) A contract under this chapter shall include appropriate provisions under which the qualified company involved shall, during each year, make such periodic contributions to the Vision Benefits Administrative Account as necessary to ensure that the reasonable anticipated expenses of the Office in administering this chapter during such year are defrayed.
(Added Pub. L. 108–496, § 3, Dec. 23, 2004, 118 Stat. 4009.)
5 U.S.C. § 8989 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8989. Preemption
The terms of any contract that relate to the nature, provision, or extent of coverage or benefits (including payments with respect to benefits) shall supersede and preempt any State or local law, or any regulation issued thereunder, which relates to vision benefits, insurance, plans, or contracts.
(Added Pub. L. 108–496, § 3, Dec. 23, 2004, 118 Stat. 4010.)
5 U.S.C. § 8990 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8990. Studies, reports, and audits
(a) Each contract shall contain provisions requiring the qualified company to—
(1) furnish such reasonable reports as the Office determines to be necessary to enable it to carry out its functions under this chapter; and
(2) permit the Office and representatives of the Government Accountability Office to examine such records of the qualified company as may be necessary to carry out the purposes of this chapter.
(b) Each Federal agency shall keep such records, make such certifications, and furnish the Office, the qualified company, or both, with such information and reports as the Office may require.
(c) The Office shall conduct periodic reviews of plans under this chapter, including a comparison of the vision benefits available under chapter 89, to ensure the competitiveness of plans under this chapter. The Office shall cooperate with the Government Accountability Office to provide periodic evaluations of the program.
(Added Pub. L. 108–496, § 3, Dec. 23, 2004, 118 Stat. 4010.)
5 U.S.C. § 8991 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8991. Jurisdiction of courts
The district courts of the United States have original jurisdiction, concurrent with the United States Court of Federal Claims, of a civil action or claim against the United States under this chapter after such administrative remedies as required under section 8983(d) have been exhausted, but only to the extent judicial review is not precluded by any dispute resolution or other remedy under this chapter.
(Added Pub. L. 108–496, § 3, Dec. 23, 2004, 118 Stat. 4010.)
5 U.S.C. § 8992 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 8992. Administrative functions
(a) The Office shall prescribe regulations to carry out this chapter. The regulations may exclude an employee on the basis of the nature and type of employment or conditions pertaining to it.
(b) The Office shall, as appropriate, provide for coordinated enrollment, promotion, and education efforts as appropriate in consultation with each qualified company. The information under this subsection shall include information relating to the vision benefits available under chapter 89, including the advantages and disadvantages of obtaining additional coverage under this chapter.
(Added Pub. L. 108–496, § 3, Dec. 23, 2004, 118 Stat. 4010.)
5 U.S.C. § 9005 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 9005. Preemption
(a) Contractual Provisions.—
The terms of any contract under this chapter which relate to the nature, provision, or extent of coverage or benefits (including payments with respect to benefits) shall supersede and preempt any State or local law, or any regulation issued thereunder, which relates to long-term care insurance or contracts.
(b) Premiums.—
(1) In general.—
No tax, fee, or other monetary payment may be imposed or collected, directly or indirectly, by any State, the District of Columbia, or the Commonwealth of Puerto Rico, or by any political subdivision or other governmental authority thereof, on, or with respect to, any premium paid for an insurance policy under this chapter.
(2) Rule of construction.—
Paragraph (1) shall not be construed to exempt any company or other entity issuing a policy of insurance under this chapter from the imposition, payment, or collection of a tax, fee, or other monetary payment on the net income or profit accruing to or realized by such entity from business conducted under this chapter, if that tax, fee, or payment is applicable to a broad range of business activity.
(Added Pub. L. 106–265, title I, § 1002(a), Sept. 19, 2000, 114 Stat. 768; amended Pub. L. 107–104, § 2, Dec. 27, 2001, 115 Stat. 1001.)
heading: Amendments
text: 2001—Pub. L. 107–104 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
heading: Effective Date of 2001 Amendment
text: Amendment by Pub. L. 107–104 effective as if included in the enactment of section 1002 of Pub. L. 106–265, see section 3 of Pub. L. 107–104, set out as a note under section 9001 of this title.
5 U.S.C. § 9006 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 9006. Studies, reports, and audits
(a) Provisions Relating to Carriers.—
Each master contract under this chapter shall contain provisions requiring the carrier—
(1) to furnish such reasonable reports as the Office of Personnel Management determines to be necessary to enable it to carry out its functions under this chapter; and
(2) to permit the Office and representatives of the Government Accountability Office to examine such records of the carrier as may be necessary to carry out the purposes of this chapter.
(b) Provisions Relating to Federal Agencies.—
Each Federal agency shall keep such records, make such certifications, and furnish the Office, the carrier, or both, with such information and reports as the Office may require.
(c) Reports by the Government Accountability Office.—
The Government Accountability Office shall prepare and submit to the President, the Office of Personnel Management, and each House of Congress, before the end of the third and fifth years during which the program under this chapter is in effect, a written report evaluating such program. Each such report shall include an analysis of the competitiveness of the program, as compared to both group and individual coverage generally available to individuals in the private insurance market. The Office shall cooperate with the Government Accountability Office to provide periodic evaluations of the program.
(Added Pub. L. 106–265, title I, § 1002(a), Sept. 19, 2000, 114 Stat. 768; amended Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.)
heading: Amendments
text: 2004—Subsec. (a)(2). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.
Subsec. (c). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office” in heading and two places in text.
5 U.S.C. § 9007 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 9007. Jurisdiction of courts
The district courts of the United States have original jurisdiction of a civil action or claim described in paragraph (1) or (2) of section 9003(c), after such administrative remedies as required under such paragraph (1) or (2) (as applicable) have been exhausted, but only to the extent judicial review is not precluded by any dispute resolution or other remedy under this chapter.
(Added Pub. L. 106–265, title I, § 1002(a), Sept. 19, 2000, 114 Stat. 768.)
5 U.S.C. § 9008 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 9008. Administrative functions
(a) In General.—
The Office of Personnel Management shall prescribe regulations necessary to carry out this chapter.
(b) Enrollment Periods.—
The Office shall provide for periodic coordinated enrollment, promotion, and education efforts in consultation with the carriers.
(c) Consultation.—
Any regulations necessary to effect the application and operation of this chapter with respect to an eligible individual described in paragraph (3) or (4) of section 9001, or a qualified relative thereof, shall be prescribed by the Office in consultation with the appropriate Secretary.
(d) Informed Decisionmaking.—
The Office shall ensure that each eligible individual applying for long-term care insurance under this chapter is furnished the information necessary to enable that individual to evaluate the advantages and disadvantages of obtaining long-term care insurance under this chapter, including the following:
(1) The principal long-term care benefits and coverage available under this chapter, and how those benefits and coverage compare to the range of long-term care benefits and coverage otherwise generally available.
(2) Representative examples of the cost of long-term care, and the sufficiency of the benefits available under this chapter relative to those costs. The information under this paragraph shall also include—
(A) the projected effect of inflation on the value of those benefits; and
(B) a comparison of the inflation-adjusted value of those benefits to the projected future costs of long-term care.
(3) Any rights individuals under this chapter may have to cancel coverage, and to receive a total or partial refund of premiums. The information under this paragraph shall also include—
(A) the projected number or percentage of individuals likely to fail to maintain their coverage (determined based on lapse rates experienced under similar group long-term care insurance programs and, when available, this chapter); and
(B)
(i) a summary description of how and when premiums for long-term care insurance under this chapter may be raised;
(ii) the premium history during the last 10 years for each qualified carrier offering long-term care insurance under this chapter; and
(iii) if cost increases are anticipated, the projected premiums for a typical insured individual at various ages.
(4) The advantages and disadvantages of long-term care insurance generally, relative to other means of accumulating or otherwise acquiring the assets that may be needed to meet the costs of long-term care, such as through tax-qualified retirement programs or other investment vehicles.
(Added Pub. L. 106–265, title I, § 1002(a), Sept. 19, 2000, 114 Stat. 768.)
5 U.S.C. § 9009 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 9009. Cost accounting standards
The cost accounting standards issued pursuant to section 1502(a) and (b) of title 41 shall not apply with respect to a long-term care insurance contract under this chapter.
(Added Pub. L. 106–265, title I, § 1002(a), Sept. 19, 2000, 114 Stat. 769; amended Pub. L. 111–350, § 5(a)(19), Jan. 4, 2011, 124 Stat. 3842.)
heading: Amendments
text: 2011—Pub. L. 111–350 substituted “section 1502(a) and (b) of title 41” for “section 26(f) of the Office of Federal Procurement Policy Act (41 U.S.C. 422(f))”.
5 U.S.C. § 9501 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 9501. Internal Revenue Service personnel flexibilities
(a) Any flexibilities provided by sections 9502 through 9510 of this chapter shall be exercised in a manner consistent with—
(1) chapter 23 (relating to merit system principles and prohibited personnel practices);
(2) provisions relating to preference eligibles;
(3) except as otherwise specifically provided, section 5307 (relating to the aggregate limitation on pay);
(4) except as otherwise specifically provided, chapter 71 (relating to labor-management relations); and
(5) subject to subsections (b) and (c) of section 1104, as though such authorities were delegated to the Secretary of the Treasury under section 1104(a)(2).
(b) The Secretary of the Treasury shall provide the Office of Personnel Management with any information that Office requires in carrying out its responsibilities under this section.
(c) Employees within a unit to which a labor organization is accorded exclusive recognition under chapter 71 shall not be subject to any flexibility provided by sections 9507 through 9510 of this chapter unless the exclusive representative and the Internal Revenue Service have entered into a written agreement which specifically provides for the exercise of that flexibility. Such written agreement may be imposed by the Federal Services Impasses Panel under section 7119.
(Added Pub. L. 105–206, title I, § 1201(a), July 22, 1998, 112 Stat. 712.)
5 U.S.C. § 9502 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 9502. Pay authority for critical positions
(a) When the Secretary of the Treasury seeks a grant of authority under section 5377 for critical pay for 1 or more positions at the Internal Revenue Service, the Office of Personnel Management may fix the rate of basic pay, notwithstanding sections 5377(d)(2) and 5307, at any rate up to the salary set in accordance with section 104 of title 3.
(b) Notwithstanding section 5307, no allowance, differential, bonus, award, or similar cash payment may be paid to any employee receiving critical pay at a rate fixed under subsection (a), in any calendar year if, or to the extent that, the employee’s total annual compensation will exceed the maximum amount of total annual compensation payable at the salary set in accordance with section 104 of title 3.
(Added Pub. L. 105–206, title I, § 1201(a), July 22, 1998, 112 Stat. 712; amended Pub. L. 110–161, div. D, title I, § 107, Dec. 26, 2007, 121 Stat. 1977.)
heading: Amendments
text: 2007—Subsec. (a). Pub. L. 110–161 substituted “Office of Personnel Management” for “Office of Management and Budget”.
5 U.S.C. § 9503 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 9503. Streamlined critical pay authority
(a) Notwithstanding section 9502, and without regard to the provisions of this title governing appointments in the competitive service or the Senior Executive Service and chapters 51 and 53 (relating to classification and pay rates), the Secretary of the Treasury may, Before 1 September 30, 2013, establish, fix the compensation of, and appoint individuals to, designated critical administrative, technical, and professional positions needed to carry out the functions of the Internal Revenue Service, if—
(1) the positions—
(A) require expertise of an extremely high level in an administrative, technical, or professional field; and
(B) are critical to the Internal Revenue Service’s successful accomplishment of an important mission;
(2) exercise of the authority is necessary to recruit or retain an individual exceptionally well qualified for the position;
(3) the number of such positions does not exceed 40 at any one time;
(4) designation of such positions are approved by the Secretary of the Treasury;
(5) the terms of such appointments are limited to no more than 4 years;
(6) appointees to such positions were not Internal Revenue Service employees prior to June 1, 1998;
(7) total annual compensation for any appointee to such positions does not exceed the highest total annual compensation payable at the rate determined under section 104 of title 3; and
(8) all such positions are excluded from the collective bargaining unit.
(b) Individuals appointed under this section shall not be considered to be employees for purposes of subchapter II of chapter 75.
(Added Pub. L. 105–206, title I, § 1201(a), July 22, 1998, 112 Stat. 712; amended Pub. L. 110–161, div. D, title I, § 105, Dec. 26, 2007, 121 Stat. 1977; Pub. L. 113–6, div. F, title III, § 1309, Mar. 26, 2013, 127 Stat. 418.)
heading: References in Text
text: The provisions of this title governing appointments in the competitive service, referred to in subsec. (a), are classified generally to section 3301 et seq. of this title.
heading: Amendments
text: 2013—Subsec. (a). Pub. L. 113–6, which directed substitution of “Before September 30, 2013” for “Before July 23, 2013”, was executed by making the substitution for “before July 23, 2013” to reflect the probable intent of Congress.
2007—Subsec. (a). Pub. L. 110–161 substituted “before July 23, 2013” for “for a period of 10 years after the date of enactment of this section” in introductory provisions.