81 FR 24693 - Federal Employees' Group Life Insurance Program: Court Orders Prior to July 22, 1998
OFFICE OF PERSONNEL MANAGEMENT Federal Register Volume 81, Issue 81 (April 27, 2016)
Federal Register Volume 81, Issue 81 (April 27, 2016)
| Page Range | 24693-24693 | |
| FR Document | 2016-09674 |
[Federal Register Volume 81, Number 81 (Wednesday, April 27, 2016)] [Rules and Regulations] [Page 24693] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-09674] ======================================================================== Rules and Regulations Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. ======================================================================== Federal Register / Vol. 81, No. 81 / Wednesday, April 27, 2016 / Rules and Regulations [[Page 24693]] OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 870 RIN 3206-AM67 Federal Employees' Group Life Insurance Program: Court Orders Prior to July 22, 1998 AGENCY: U.S. Office of Personnel Management. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Office of Personnel Management (OPM) is issuing this final regulation to adopt as final the interim final regulation published on December 4, 2012. The regulation implements section 8705 of title 5, United States Code regarding the effect of any court decree of divorce, annulment, or legal separation, or any court-approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation (hereinafter ``court order'') where the court order expressly provides that an individual receive Federal Employee's Group Life Insurance (FEGLI) benefits. The regulations will allow court orders submitted to the appropriate Federal agency before July 22, 1998 to be effective for providing FEGLI benefits if the court order was received in the appropriate office before the insured Federal employee's or annuitant's death. This revision does not affect the current statutory limitation that court orders apply only when FEGLI benefits are based on insured individuals who died on or after July 22, 1998. DATES: This rule is effective April 27, 2016. FOR FURTHER INFORMATION CONTACT: Marguerite Martel, Senior Policy Analyst, at (202) 606-0004 or email: [email protected]. SUPPLEMENTARY INFORMATION: Public Law 105-205, 112 Stat. 683, enacted July 22, 1998, amending section 8705 of title 5, United States Code, required benefits to be paid in accordance with the terms of a court order instead of the otherwise existing statutory order of precedence for payment of benefits under FEGLI. On October 8, 1999, OPM published a final regulation interpreting the law to mean that only those court orders received in the appropriate office after the date the law was enacted would be valid to name a FEGLI beneficiary. The regulation amended section 870.801(d)(2), of title 5, Code of Federal Regulations. Based on Pascavage v. Office of Personnel Management, 773 F. Supp.2d 452 (D. Del. 2011), OPM is changing this regulation to provide FEGLI benefits based on court orders submitted to the appropriate Federal agency before July 22, 1998, so long as the court order was received in the appropriate office before the insured Federal employee's or annuitant's death. This change is consistent with the settlement agreement in this case, Pascavage v. Office of Personnel Management, C.A. No.: 09-276-LPS-MPT (D. Del. filed Aug. 6, 2012).\1\ This revision does not affect the current statutory limitation that court orders apply only when FEGLI benefits are based on insured individuals who died on or after July 22, 1998. On December 4, 2012, OPM published an interim final regulation at 77 FR 71687. We received no comments on the interim final regulation. Therefore, OPM is adopting the interim final regulation with no changes. --------------------------------------------------------------------------- \1\ The settlement agreement has been preliminarily approved by the Court. --------------------------------------------------------------------------- Regulatory Impact Analysis OPM has examined the impact of this rule as required by Executive Order 12866 (September 1993, Regulatory Planning and Review) 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 OPM estimates there are relatively few court orders received by the appropriate office before July 22, 1998. Paperwork Reduction Act This document does not contain proposed information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 104-13. Regulatory Flexibility Act I certify that these regulations will not have a significant economic impact on a substantial number of small entities because they will apply only to Federal employees, annuitants and their former spouses. 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. PART 870--FEDERAL EMPLOYEES' GROUP LIFE INSURANCE PROGRAM 0 Accordingly, the interim rule amending 5 CFR part 870 which was published at 77 FR 71687 on Dceemmber 4, 2012, is adopted as a final rule without change. [FR Doc. 2016-09674 Filed 4-26-16; 8:45 am] BILLING CODE 6325-63-P
![24693
Rules and Regulations Federal Register
Vol. 81, No. 81
Wednesday, April 27, 2016
This section of the FEDERAL REGISTER July 22, 1998, amending section 8705 of relatively few court orders received by
contains regulatory documents having general title 5, United States Code, required the appropriate office before July 22,
applicability and legal effect, most of which benefits to be paid in accordance with 1998.
are keyed to and codified in the Code of the terms of a court order instead of the
Federal Regulations, which is published under Paperwork Reduction Act
otherwise existing statutory order of
50 titles pursuant to 44 U.S.C. 1510. This document does not contain
precedence for payment of benefits
The Code of Federal Regulations is sold by under FEGLI. On October 8, 1999, OPM proposed information collection
the Superintendent of Documents. Prices of published a final regulation interpreting requirements subject to the Paperwork
new books are listed in the first FEDERAL the law to mean that only those court Reduction Act of 1995, Public Law 104–
REGISTER issue of each week. orders received in the appropriate office 13.
after the date the law was enacted Regulatory Flexibility Act
would be valid to name a FEGLI
OFFICE OF PERSONNEL beneficiary. The regulation amended I certify that these regulations will not
MANAGEMENT section 870.801(d)(2), of title 5, Code of have a significant economic impact on
Federal Regulations. a substantial number of small entities
5 CFR Part 870 Based on Pascavage v. Office of because they will apply only to Federal
RIN 3206–AM67 Personnel Management, 773 F. Supp.2d employees, annuitants and their former
452 (D. Del. 2011), OPM is changing this spouses.
Federal Employees’ Group Life regulation to provide FEGLI benefits List of Subjects in 5 CFR Part 870
Insurance Program: Court Orders Prior based on court orders submitted to the
to July 22, 1998 appropriate Federal agency before July Administrative practice and
22, 1998, so long as the court order was procedure, Government employees,
AGENCY: U.S. Office of Personnel received in the appropriate office before Hostages, Iraq, Kuwait, Lebanon, Life
Management. the insured Federal employee’s or insurance, Retirement.
ACTION: Final rule. annuitant’s death. This change is U.S. Office of Personnel Management.
consistent with the settlement Beth F. Cobert,
SUMMARY: The Office of Personnel agreement in this case, Pascavage v. Acting Director.
Management (OPM) is issuing this final Office of Personnel Management, C.A.
regulation to adopt as final the interim No.: 09–276–LPS–MPT (D. Del. filed PART 870—FEDERAL EMPLOYEES’
final regulation published on December Aug. 6, 2012).1 This revision does not GROUP LIFE INSURANCE PROGRAM
4, 2012. The regulation implements affect the current statutory limitation
section 8705 of title 5, United States that court orders apply only when ■ Accordingly, the interim rule
Code regarding the effect of any court FEGLI benefits are based on insured amending 5 CFR part 870 which was
decree of divorce, annulment, or legal individuals who died on or after July 22, published at 77 FR 71687 on
separation, or any court-approved 1998. On December 4, 2012, OPM Dceemmber 4, 2012, is adopted as a
property settlement agreement incident published an interim final regulation at final rule without change.
to any court decree of divorce, 77 FR 71687. We received no comments [FR Doc. 2016–09674 Filed 4–26–16; 8:45 am]
annulment, or legal separation on the interim final regulation. BILLING CODE 6325–63–P
(hereinafter ‘‘court order’’) where the Therefore, OPM is adopting the interim
court order expressly provides that an final regulation with no changes.
individual receive Federal Employee’s DEPARTMENT OF TRANSPORTATION
Group Life Insurance (FEGLI) benefits. Regulatory Impact Analysis
The regulations will allow court orders OPM has examined the impact of this Federal Aviation Administration
submitted to the appropriate Federal rule as required by Executive Order
agency before July 22, 1998 to be 12866 (September 1993, Regulatory 14 CFR Part 39
effective for providing FEGLI benefits if Planning and Review) and Executive
the court order was received in the Order 13563, which directs agencies to [Docket No. FAA–2010–1167]
appropriate office before the insured assess all costs and benefits of available Airworthiness Directives Legal
Federal employee’s or annuitant’s death. regulatory alternatives and, if regulation Interpretation
This revision does not affect the current is necessary, to select regulatory
statutory limitation that court orders approaches that maximize net benefits AGENCY: Federal Aviation
apply only when FEGLI benefits are (including potential economic, Administration, DOT.
based on insured individuals who died environmental, public, health, and ACTION: Airworthiness directives legal
on or after July 22, 1998. safety effects, distributive impacts, and interpretation.
DATES: This rule is effective April 27, equity). A regulatory impact analysis
2016. must be prepared for major rules with SUMMARY: The Federal Aviation
jstallworth on DSK7TPTVN1PROD with RULES
economically significant effects of $100 Administration is issuing a legal
FOR FURTHER INFORMATION CONTACT: interpretation on regulations applicable
million or more in any one year. This
Marguerite Martel, Senior Policy rule is not considered a major rule to airworthiness directives. This legal
Analyst, at (202) 606–0004 or email: because OPM estimates there are interpretation responds to questions
marguerite.martel@opm.gov. asked by an Aviation Rulemaking
SUPPLEMENTARY INFORMATION: Public 1 The settlement agreement has been Committee and is intended to resolve
Law 105–205, 112 Stat. 683, enacted preliminarily approved by the Court. certain issues for the public.
VerDate Sep<11>2014 15:13 Apr 26, 2016 Jkt 238001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\27APR1.SGM 27APR1](https://thefederalregister.org/doc/81_FR_24774/page/1.svg)
Document Created: 2018-02-07 13:55:50
Document Modified: 2018-02-07 13:55:50
| 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 | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective April 27, 2016. | |
| Contact | Marguerite Martel, Senior Policy Analyst, at (202) 606-0004 or email: [email protected] | |
| FR Citation | 81 FR 24693 | |
| RIN Number | 3206-AM67 | |
| CFR Associated | Administrative Practice and Procedure; Government Employees; Hostages; Iraq; Kuwait; Lebanon; Life Insurance and Retirement |
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