81 FR 1336 - Federal Employees' Group Life Insurance Program: Filing Deadlines for Court Review of Administrative Final Decisions

OFFICE OF PERSONNEL MANAGEMENT

Federal Register Volume 81, Issue 7 (January 12, 2016)

Page Range		1336-1337
FR Document		2016-00453

The United States Office of Personnel Management (OPM) is issuing a proposed rule to amend the Federal Employees' Group Life Insurance (FEGLI) Program regulation to establish a timeframe for filing civil actions or claims against the United States based on 5 U.S.C. Chapter 870 (Life Insurance).

Federal Register, Volume 81 Issue 7 (Tuesday, January 12, 2016)

[Federal Register Volume 81, Number 7 (Tuesday, January 12, 2016)]
[Proposed Rules]
[Pages 1336-1337]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-00453]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 81, No. 7 / Tuesday, January 12, 2016 / 
Proposed Rules

[[Page 1336]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 870

RIN 3206-AN21


Federal Employees' Group Life Insurance Program: Filing Deadlines 
for Court Review of Administrative Final Decisions

AGENCY: U.S. Office of Personnel Management.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The United States Office of Personnel Management (OPM) is 
issuing a proposed rule to amend the Federal Employees' Group Life 
Insurance (FEGLI) Program regulation to establish a timeframe for 
filing civil actions or claims against the United States based on 5 
U.S.C. Chapter 870 (Life Insurance).

DATES: Comments are due on or before March 14, 2016.

ADDRESSES: Send written comments to Ronald Brown, Policy Analyst, 
Planning and Policy Analysis, U.S. Office of Personnel Management, Room 
4312, 1900 E Street NW., Washington, DC 20415; or FAX to 202-606-0636. 
You may also submit comments, identified by Regulation Identifier 
Number (RIN) ``3206-AN21,'' using the Federal eRulemaking Portal: 
http://www.regulations.gov. Follow the instructions for submitting 
comments.

FOR FURTHER INFORMATION CONTACT: Ronald Brown, Policy Analyst at 
[email protected] or 202-606-0004.

SUPPLEMENTARY INFORMATION: This proposed rule is intended to: (1) 
Establish a timeframe for filing legal action for judicial review of 
OPM or employing agency final action on FEGLI claims; and (2) provide a 
3-year time limit for filing a court claim for review of agency or 
retirement system final decisions.
    OPM intends to amend the FEGLI Program regulation to provide a 
timeframe for individuals seeking judicial Current OPM regulations 
provide a 31-day time limit for administrative review under FEGLI but 
do not state a time limit for seeking judicial review of FEGLI 
decisions. Accordingly, OPM has specified a 3-year time limit for 
filing a claim for court review of FEGLI decisions.
    OPM is granted the authority in 5 U.S.C. 8716 to prescribe 
regulations to carry out the FEGLI Program. Thus, we propose to amend 
the FEGLI regulation to add section 5 CFR 870.106 concerning court 
review of final administrative life insurance decisions. The proposed 
rule also reinforces that individuals must first exhaust administrative 
appeal rights before seeking judicial review.

Regulatory Impact Analysis

    OPM has examined the impact of this proposed rule as required by 
Executive Order 12866 and Executive Order 13563, which directs agencies 
to assess all costs and benefits of available regulatory alternatives 
and, if regulation is necessary, to select regulatory approaches that 
maximize net benefits (including potential economic, environmental, 
public, health, and safety effects, distributive impacts, and equity). 
A regulatory impact analysis must be prepared for major rules with 
economically significant effects of $100 million or more in any one 
year. This rule is not considered a major rule because there will be a 
minimal impact on costs to Federal agencies.

Regulatory Flexibility Act

    I certify that this regulation will not have a significant economic 
impact on a substantial number of small entities because the regulation 
only affects life insurance benefits of Federal employees and retirees.

Executive Order 12866, Regulatory Review

    This rule has been reviewed by the Office of Management and Budget 
in accordance with Executive Order 12866.

Federalism

    We have examined this rule in accordance with Executive Order 
13132, Federalism, and have determined that this rule will not have any 
negative impact on the rights, roles and responsibilities of State, 
local, or tribal governments.

List of Subjects in 5 CFR Part 870

    Administrative practice and procedure, Government employees, 
Hostages, Iraq, Kuwait, Lebanon, Life insurance, Retirement.

U.S. Office of Personnel Management.
Beth F. Cobert,
Acting Director.

    Accordingly, OPM is proposing to amend 5 CFR part 870 as follows:

PART 870--FEDERAL EMPLOYEES' GROUP LIFE INSURANCE PROGRAM

0
1. The authority citation for 5 CFR part 870 continues to read as 
follows:

    Authority: 5 U.S.C. 8716; Subpart J also issued under section 
599C of Public Law 101-513, 104 Stat. 2064, as amended; Sec. 
870.302(a)(3)(ii) also issued under section 153 of Public Law 104-
134, 110 Stat. 1321; Sec. 870.302(a)(3) also issued under sections 
11202(f), 11232(e), and 11246(b) and (c) of Public Law 105-33, 
111Stat. 251, and section 7(e) of Public Law 105-274, 112 Stat. 
2419; Sec. 870.302(a)(3) also issued under section 145 of Public Law 
106-522, 114 Stat. 2472; Secs. 870.302(b)(8), 870.601(a), and 
870.602(b) also issued under Public Law 110-279, 122 Stat. 2604; 
Subpart E also issued under 5 U.S.C. 8702(c); Sec. 870.601(d)(3) 
also issued under 5 U.S.C. 8706(d); Sec. 870.703(e)(1) also issued 
under section 502 of Public Law 110-177, 121 Stat. 2542; Sec. 
870.705 also issued under 5 U.S.C. 8714b(c) and 8714c(c); Public Law 
104-106, 110 Stat. 521.

Subpart A--Administration and General Provisions

0
2. Add Sec.  870.106 to Subpart A to read as follows:


Sec.  870.106  Court review.

    (a) A suit to review the legality of an agency or retirement system 
final decision on FEGLI eligibility must be filed in the district 
courts of the United States or the United States Court of Federal 
Claims.
    (b) A suit to review the legality of an agency or retirement system 
final decision on change of coverage, designation of beneficiary, or 
assignment of life insurance, must be filed in the district courts of 
the United States or United States Court of Federal Claims.
     (c) An action under paragraph (a) or (b) of this section:
    (1) May not be brought prior to exhaustion of the administrative 
remedies provided in Sec. 870.105 of this part; and

[[Page 1337]]

    (2) May not be brought later than December 31 of the 3rd year after 
the agency or retirement system final decision to the insured 
individual.
    (3) Exception: This time limit may be extended by 31 calendar days 
after December 31 of the 3rd year (60 calendar days if overseas) of the 
date of the final decision to the insured if the individual shows that 
he or she was not notified of the time limit and was not otherwise 
aware of it or that he or she was unable, due to reasons beyond his or 
her control, to make the request within the time limit.
    (d) This section does not change the rules found in this chapter 
regarding FEGLI coverage or premium payments for an employee while in 
nonpay status.
    (e) If a claimant thinks that he or she is due money from FEGLI 
benefits and that legal action is necessary to get the money, the 
claimant must take action in Federal court against the company that OPM 
contracts with to adjudicate claims, not against OPM.

[FR Doc. 2016-00453 Filed 1-11-16; 8:45 am]
BILLING CODE 6325-63-P

1336

Proposed Rules Federal Register
Vol. 81, No. 7

Tuesday, January 12, 2016

This section of the FEDERAL REGISTER timeframe for individuals seeking List of Subjects in 5 CFR Part 870
contains notices to the public of the proposed judicial Current OPM regulations Administrative practice and
issuance of rules and regulations. The provide a 31-day time limit for
purpose of these notices is to give interested procedure, Government employees,
administrative review under FEGLI but Hostages, Iraq, Kuwait, Lebanon, Life
persons an opportunity to participate in the do not state a time limit for seeking
rule making prior to the adoption of the final insurance, Retirement.
judicial review of FEGLI decisions.
rules. U.S. Office of Personnel Management.
Accordingly, OPM has specified a 3-
year time limit for filing a claim for Beth F. Cobert,
court review of FEGLI decisions. Acting Director.
OFFICE OF PERSONNEL
MANAGEMENT OPM is granted the authority in 5 Accordingly, OPM is proposing to
U.S.C. 8716 to prescribe regulations to amend 5 CFR part 870 as follows:
5 CFR Part 870 carry out the FEGLI Program. Thus, we
propose to amend the FEGLI regulation PART 870—FEDERAL EMPLOYEES’
RIN 3206–AN21 to add section 5 CFR 870.106 GROUP LIFE INSURANCE PROGRAM
concerning court review of final
Federal Employees’ Group Life ■ 1. The authority citation for 5 CFR
administrative life insurance decisions.
Insurance Program: Filing Deadlines part 870 continues to read as follows:
The proposed rule also reinforces that
for Court Review of Administrative
individuals must first exhaust Authority: 5 U.S.C. 8716; Subpart J also
Final Decisions issued under section 599C of Public Law
administrative appeal rights before
AGENCY: U.S. Office of Personnel seeking judicial review. 101–513, 104 Stat. 2064, as amended; Sec.
870.302(a)(3)(ii) also issued under section
Management. Regulatory Impact Analysis 153 of Public Law 104–134, 110 Stat. 1321;
ACTION: Proposed rule. Sec. 870.302(a)(3) also issued under sections
OPM has examined the impact of this
11202(f), 11232(e), and 11246(b) and (c) of
SUMMARY: The United States Office of proposed rule as required by Executive Public Law 105–33, 111Stat. 251, and section
Personnel Management (OPM) is issuing Order 12866 and Executive Order 7(e) of Public Law 105–274, 112 Stat. 2419;
a proposed rule to amend the Federal 13563, which directs agencies to assess Sec. 870.302(a)(3) also issued under section
Employees’ Group Life Insurance all costs and benefits of available 145 of Public Law 106–522, 114 Stat. 2472;
(FEGLI) Program regulation to establish regulatory alternatives and, if regulation Secs. 870.302(b)(8), 870.601(a), and
is necessary, to select regulatory 870.602(b) also issued under Public Law
a timeframe for filing civil actions or 110–279, 122 Stat. 2604; Subpart E also
claims against the United States based approaches that maximize net benefits
issued under 5 U.S.C. 8702(c); Sec.
on 5 U.S.C. Chapter 870 (Life (including potential economic, 870.601(d)(3) also issued under 5 U.S.C.
Insurance). environmental, public, health, and 8706(d); Sec. 870.703(e)(1) also issued under
safety effects, distributive impacts, and section 502 of Public Law 110–177, 121 Stat.
DATES: Comments are due on or before equity). A regulatory impact analysis 2542; Sec. 870.705 also issued under 5 U.S.C.
March 14, 2016. must be prepared for major rules with 8714b(c) and 8714c(c); Public Law 104–106,
ADDRESSES: Send written comments to economically significant effects of $100 110 Stat. 521.
Ronald Brown, Policy Analyst, Planning million or more in any one year. This
and Policy Analysis, U.S. Office of rule is not considered a major rule Subpart A—Administration and
Personnel Management, Room 4312, because there will be a minimal impact General Provisions
1900 E Street NW., Washington, DC on costs to Federal agencies. ■ 2. Add § 870.106 to Subpart A to read
20415; or FAX to 202–606–0636. You as follows:
may also submit comments, identified Regulatory Flexibility Act
by Regulation Identifier Number (RIN) I certify that this regulation will not § 870.106 Court review.
‘‘3206–AN21,’’ using the Federal have a significant economic impact on (a) A suit to review the legality of an
eRulemaking Portal: http:// a substantial number of small entities agency or retirement system final
www.regulations.gov. Follow the because the regulation only affects life decision on FEGLI eligibility must be
instructions for submitting comments. insurance benefits of Federal employees filed in the district courts of the United
FOR FURTHER INFORMATION CONTACT: and retirees. States or the United States Court of
Ronald Brown, Policy Analyst at Federal Claims.
Executive Order 12866, Regulatory (b) A suit to review the legality of an
Ronald.Brown@opm.gov or 202–606– Review
0004. agency or retirement system final
This rule has been reviewed by the decision on change of coverage,
SUPPLEMENTARY INFORMATION: This Office of Management and Budget in designation of beneficiary, or
proposed rule is intended to: (1) accordance with Executive Order 12866. assignment of life insurance, must be
Establish a timeframe for filing legal filed in the district courts of the United
Federalism
tkelley on DSK3SPTVN1PROD with PROPOSALS

action for judicial review of OPM or States or United States Court of Federal
employing agency final action on FEGLI We have examined this rule in Claims.
claims; and (2) provide a 3-year time accordance with Executive Order 13132, (c) An action under paragraph (a) or
limit for filing a court claim for review Federalism, and have determined that (b) of this section:
of agency or retirement system final this rule will not have any negative (1) May not be brought prior to
decisions. impact on the rights, roles and exhaustion of the administrative
OPM intends to amend the FEGLI responsibilities of State, local, or tribal remedies provided in Sec. 870.105 of
Program regulation to provide a governments. this part; and

VerDate Sep<11>2014 20:16 Jan 11, 2016 Jkt 238001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\12JAP1.SGM 12JAP1

Document Created: 2016-01-12 01:23:06
Document Modified: 2016-01-12 01:23:06

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Proposed rule.
Dates		Comments are due on or before March 14, 2016.
Contact		Ronald Brown, Policy Analyst at [email protected] or 202-606-0004.
FR Citation		81 FR 1336
RIN Number		3206-AN21
CFR Associated		Administrative Practice and Procedure; Government Employees; Hostages; Iraq; Kuwait; Lebanon; Life Insurance and Retirement