[Code of Federal Regulations]
[Title 5, Volume 2, Parts 700 to 1199]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR870.101]

[Page 366-368]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (Continued)
 
PART 870--FEDERAL EMPLOYEES' GROUP LIFE INSURANCE PROGRAM--Table of Contents
 
            Subpart A--Administration and General Provisions
 
Sec. 870.101  Definitions.


    Annuitant means a former employee entitled to an annuity under a 
retirement system established for employees. This includes the 
retirement system of a nonappropriated fund instrumentality of the 
Department of Defense or the Coast Guard.
    Assign and assignment refer to an individual's irrevocable transfer 
to another individual, corporation, or trustee all ownership of FEGLI 
coverage (except Option C).
    Assignee means the individual, corporation, or trustee to which an 
individual irrevocably transfers ownership of FEGLI coverage (except 
Option C).
    Child, as used in the definition of Family member for Option C 
coverage, means a legitimate child, an adopted child, a stepchild or 
foster child who lives with the employee or former employee in a regular 
parent-child relationship, or a recognized natural child. It does not 
include a stillborn child or a grandchild (unless the grandchild meets 
all the requirements of a foster child). The child must be under age 22 
or, if age 22 or over, must be incapable of self-support because of a 
mental or physical disability which existed before the child reached age 
22.
    Child, as used in the order of precedence for payment of benefits, 
means a legitimate child, an adopted child, or a recognized natural 
child, of any age. It does not include a stepchild, a stillborn child, a 
grandchild, or a foster child. An individual who has reached age 18 is 
considered an adult and can receive a benefit payment in his/her name. 
However, if the age of adulthood where the individual has his/her legal 
residence is set at a lower age, the individual is considered an adult 
upon reaching that lower age. Adopted children do not inherit from their 
birth parents under the order of precedence stated in 5 U.S.C. 8705, 
other than as designated beneficiaries, but inherit from their adoptive 
parents. However, a child who is adopted by the spouse of a birth parent 
inherits from that birth parent.
    Compensation means compensation under subchapter I of chapter 81 of 
title 5, United States Code, which is payable because of an on-the-job 
injury or disease.
    Compensationer means an employee or former employee who is entitled 
to compensation and whom the Department of Labor determines is unable to 
return to duty.
    Court order means any court decree of divorce, annulment, or legal 
separation, or the terms of any court order or court-approved property 
settlement agreement relating to any court decree of divorce, annulment, 
or legal separation, the terms of which require FEGLI benefits to be 
paid to a specific person or persons.
    Date of retirement, as used in 5 U.S.C. 8706(b)(1)(A), means the 
starting date of annuity.
    Dependent means living with or receiving regular and substantial 
support from the insured individual.
    Duly appointed representative of the insured's estate means an 
individual named in a court order granting the individual the authority 
to receive, or the right to possess, the insured's property; the order 
must be issued by a court having jurisdiction over the insured's estate. 
Where the law of the insured's legal residence provides for the 
administration of estates through alternative procedures which do away 
with the need for a court order, this term also means an individual who 
shows that he/she is entitled to receive, or possess, the insured's 
property under the terms of those alternative procedures.
    Employee means an individual defined by section 8701(a) of title 5, 
United States Code.
    Employing office means the agency office or retirement system office 
that has responsibility for life insurance actions.

[[Page 367]]

    (1) The Administrative Office of the United States Courts is the 
employing office for judges of the following courts:
    (i) All United States Courts of Appeals;
    (ii) All United States District Courts;
    (iii) The Court of International Trade;
    (iv) The Court of Federal Claims; and
    (v) The District Courts of Guam, the Northern Mariana Islands, and 
the Virgin Islands.
    (2) The Washington Headquarters Services is the employing office for 
judges of the United States Court of Appeals for the Armed Forces.
    (3) The United States Tax Court is the employing office for judges 
of the United States Tax Court.
    (4) The United States Court of Veterans Appeals is the employing 
office for judges of the United States Court of Veterans Appeals.
    Family member means a spouse (including a valid common law marriage) 
and unmarried dependent child(ren).
    Immediate annuity means:
    (1) An annuity that begins no later than 1 month after the date the 
insurance would otherwise stop (the date of separation from service), 
and
    (2) An annuity under Sec. 842.204(a)(1) of this title for which the 
starting date has been postponed under Sec. 842.204(c) of this title.
    Judge means an individual appointed as a Federal justice or judge 
under Article I or Article III of the Constitution.
    OFEGLI means the Office of Federal Employees' Group Life Insurance, 
which pays benefits under the policy.
    OPM means the Office of Personnel Management.
    OWCP means the Office of Workers' Compensation Programs, U.S. 
Department of Labor, which administers subchapter I of chapter 81 of 
title 5, United States Code.
    Parent means the mother or father of a legitimate child or an 
adopted child. The term parent includes the mother of a recognized 
natural child; it also includes the father of a recognized natural child 
if the recognized natural child meets the definition provided below.
    Portability Office means the office OPM designates to manage ported 
coverage and to collect premiums for ported coverage.
    Ported coverage means continued coverage that would otherwise have 
terminated.
    Recognized natural child, with respect to paternity, is one for whom 
the father meets one of the following:
    (1) (i) Has acknowledged paternity in writing;
    (ii) Was ordered by a court to provide support;
    (iii) Before his death, was pronounced by a court to be the father;
    (iv) Was established as the father by a certified copy of the public 
record of birth or church record of baptism, if the insured was the 
informant and named himself as the father of the child; or
    (v) Established paternity on public records, such as records of 
schools or social welfare agencies, which show that with his knowledge 
the insured was named as the father of the child.
    (2) If paternity is not established by paragraph (1) of this 
definition, such evidence as the child's eligibility as a recognized 
natural child under other State or Federal programs or proof that the 
insured included the child as a dependent child on his income tax 
returns may be considered when attempting to establish paternity.
    Reconsideration means the final level of administrative review of an 
employing office's initial decision to determine if the employing office 
followed the law and regulations correctly in making the initial 
decision concerning FEGLI eligibility and coverage.
    Regular parent-child relationship means that the employee or former 
employee is exercising parental authority, responsibility, and control 
over the child by caring for, supporting, disciplining, and guiding the 
child, including making decisions about the child's education and 
medical care.
    Service means civilian service which is creditable under subchapter 
III of chapter 83 or chapter 84 of title 5, United States Code. This 
includes service under a nonappropriated fund instrumentality of the 
Department of Defense or the Coast Guard for an individual who elected 
to remain under a

[[Page 368]]

retirement system established for employees described in section 2105(c) 
of title 5.
    Terminally ill means having a medical prognosis of a life expectancy 
of 9 months or less.
    Underdeduction means a failure to withhold the required amount of 
life insurance deductions from an individual's pay, annuity, or 
compensation. This includes nondeductions (when none of the required 
amount was withheld) and partial deductions (when only part of the 
required amount was withheld).

[62 FR 48731, Sept. 17, 1997; 62 FR 52181, Oct. 6, 1997, as amended at 
64 FR 16602, Apr. 6, 1999; 64 FR 72461, Dec. 28, 1999]