[Federal Register Volume 68, Number 68 (Wednesday, April 9, 2003)]
[Proposed Rules]
[Pages 17315-17316]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-8610]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 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.
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  Federal Register / Vol. 68, No. 68 / Wednesday, April 9, 2003 / 
Proposed Rules  

[[Page 17315]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 870

RIN: 3206-AJ46


Federal Employees' Group Life Insurance Program: Removal of 
Premiums and Age Bands From Regulations

AGENCY: Office of Personnel Management.

ACTION: Proposed rule.

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SUMMARY: The Office of Personnel Management (OPM) is issuing proposed 
regulations to remove the premium rates and age bands under the Federal 
Employees' Group Life Insurance (FEGLI) Program from regulation. The 
information will be maintained on the FEGLI Web site at http://www.opm.gov/insure/life. Future rate and age band changes will be 
announced in the Federal Register.

DATES: Submit comments on or before June 9, 2003.

ADDRESSES: Send written comments to Abby L. Block, Special Advisor for 
Employee and Family Support, Strategic Human Resources Policy Division, 
Office of Personnel Management, Washington, DC 20415-3666; or deliver 
to OPM, Room 3425, 1900 E Street NW., Washington, DC; or FAX to (202) 
606-0633.

FOR FURTHER INFORMATION CONTACT: Karen Leibach, (202) 606-0004.

SUPPLEMENTARY INFORMATION: OPM is removing the premiums and age bands 
from the regulations to streamline the process used by OPM to adjust 
premium rates based on mortality and claims experiences, and actuarial 
determinations. The premiums in the FEGLI Program represent actuarial 
estimates of premium income necessary to pay future expected benefits 
costs. The rates for all coverage categories are specific to the 
experience of the FEGLI group and are not based on mortality rates 
within the general population. Actuarial analysis of changing mortality 
rates and Program changes, if any, make periodic premium adjustments 
necessary. OPM needs a simplified process to ensure that premium income 
can pay the future expected benefit costs in the FEGLI Program.
    When OPM determines rate changes are needed, we will announce them 
in a public notice in the Federal Register. We also will issue guidance 
to all agencies for the purpose of counseling employees and we will 
notify affected annuitants directly. We will update the FEGLI Program 
Booklet when necessary to reflect changes and maintain the Booklet and 
premium rates on the FEGLI Web site www.opm.gov/insure/life.
    Although members of the public will no longer have the opportunity 
to comment on changes through the formal regulatory process, they can 
continue as always to comment through emails and letters to OPM. Almost 
all the comments we receive regarding premium and age band changes are 
in response to these types of notification, rather than formal 
responses to regulations. We will accept and reply to comments from 
members of the public as always. Publishing these changes in the 
Federal Register will allow OPM to implement them in a more timely and 
efficient manner.

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.

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.
Kay Coles James,
Director.

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

PART 870--FEDERAL EMPLOYEES' GROUP LIFE INSURANCE PROGRAM

    1. The authority citation for part 870 is revised to read as 
follows:

    Authority: 5 U.S.C. 8716; subpart J also issued under sec. 599C, 
Pub. L. 101-513, 104 Stat. 2064, as amended; Sec.  870.302(a)(3)(ii) 
also issued under sec. 153, Pub. L. 104-134, 110 Stat. 1321; Sec.  
870.302(a)(3) also issued under sections 11202(f), 11232(e), and 
11246(b) and (c) of Pub. L. 105-33, 111 Stat. 251 and section 7(e), 
Pub. L. 105-274, 112 Stat. 2419.

Subpart D--Cost of Insurance

    2. In Sec.  870.401, paragraphs (a), (b)(1), and (d) are revised to 
read as follows:


Sec.  870.401  Withholdings and contributions for Basic insurance.

    (a)(1) The cost of Basic insurance is shared between the insured 
individual and the Government. The employee pays two thirds of the 
cost, and the Government pays one-third.
    (2) When OPM makes any adjustment to the Basic life insurance 
premium, we will issue a public notice in the Federal Register.
    (b)(1) During each pay period in which an insured employee is in 
pay status for any part of the period, the employee's share of the 
premium must be withheld from the employee's biweekly pay. The amount 
withheld from the pay of an employee who is paid on other than a 
biweekly basis must be prorated and adjusted to the nearest one-tenth 
of one cent.
* * * * *
    (d)(1) For an annuitant or compensationer who elects to continue 
Basic insurance and chooses the maximum reduction of 75 percent after 
age 65, under Sec.  870.702(a)(2), the annuitant's share of the premium 
is withheld monthly and the compensationer's share is withheld every 
four weeks. These withholdings stop the month after the month in which 
the annuitant or compensationer reaches age 65. There are no 
withholdings from individuals who retired or began receiving 
compensation before January 1, 1990, and who elected the 75 percent 
reduction. For the purpose of this paragraph, an individual who 
separates from service after meeting the requirements for an immediate 
annuity under 5 U.S.C. 8412 (g) is considered to retire on the day 
before the annuity begins.

[[Page 17316]]

    (2) An annuitant or compensationer who elects to continue Basic 
insurance and chooses either the reduction election of 50 percent or 
the no reduction after age 65, under Sec.  870.702(a)(3) or Sec.  
870.702(a)(4), pays an additional premium for the 50 percent or no 
reduction election. This additional premium is withheld for each $1,000 
of the BIA. At age 65, the Basic premium will stop, but the annuitant 
or compensationer must continue to pay the additional premium for 
either the 50 percent or the no reduction election.
* * * * *
    3. Revise Sec.  870.402 to read as follows:


Sec.  870.402  Withholdings for Optional insurance.

    (a)(1) The insured individual pays the full cost of all Optional 
insurance. There is no Government contribution toward the cost of any 
Optional insurance.
    (2) Optional insurance premiums are based on 5-year age bands 
beginning at age 35. The last age band for Option A is age 60+. The 
last age band for Options B and C is 80+. For the purpose of this 
subpart, effective April 24, 1999, an individual is considered to reach 
the next age band the 1st day of the pay period following the pay 
period in which his/her birthday occurs.
    (3) When OPM makes any adjustment to the Optional life insurance 
premiums, we will issue a public notice in the Federal Register.
    (b) During each pay period in any part of which an insured employee 
is in pay status, the employing agency must withhold the full cost of 
Optional insurance from his/her pay.
    (c)(1) Subject to the provisions for reemployed annuitants in Sec.  
870.707, the full cost of Optional insurance must be withheld from the 
annuity of an annuitant and the compensation of a compensationer.
    (2) The withholdings for Option A stop the month after the month in 
which an annuitant or compensationer reaches age 65.
    (3) For an annuitant or compensationer who elects Full Reduction 
for any Option B or Option C multiples, the withholdings for those 
multiples stop the month after the month in which he/she reaches age 
65.
    (4) For an annuitant or compensationer who elects No Reduction for 
any Option B or Option C multiples, the withholdings for those 
multiples continue, as long as he/she remains insured.
    (d)(1) For Option A and Option C, the amount withheld from pay, 
annuity, or compensation paid on other than a biweekly basis must be 
prorated and adjusted to the nearest cent.
    (2) For Option B, the amount withheld from pay, annuity, or 
compensation paid on other than a biweekly basis must be prorated and 
adjusted to the nearest one-tenth of 1 cent.
    (e) If an employee's annual pay is paid during a period shorter 
than 52 work weeks, the employing office must determine the amount to 
withhold. To do this, it converts the biweekly cost to an annual cost 
and prorates it over the number of installments of pay regularly paid 
during the year.
    (f) When an agency withholds less than or none of the proper amount 
of Optional life insurance deductions from an individual's pay, annuity 
or compensation, the agency must submit an amount equal to the 
uncollected deductions required under 5 U.S.C. 8714a, 8714b, 8714c to 
OPM for deposit in the Employees' Life Insurance Fund.
    4. In Sec.  870.404, paragraph (d) is revised to read as follows:


Sec.  870.404  Withholdings and contributions provisions that apply to 
both Basic and Optional insurance.

* * * * *
    (d) The deposit described in Sec. Sec.  870.401(f) and 870.402(f) 
must be made no later than 60 calendar days after the date the 
employing office determines the amount of the underdeduction that has 
occurred, regardless of whether or when the underdeduction is recovered 
by the agency. The agency must determine whether to waive collection of 
the overpayment of pay, in accordance with 5 U.S.C. 5584, as 
implemented by 4 CFR chapter I, subchapter G. However, if the agency 
involved is excluded from the provisions of 5 U.S.C. 5584, it may use 
any applicable authority to waive the collection.
* * * * *
    5. In Sec.  870.801, paragraph (e) is revised to read as follows:


Sec.  870.801  Order of precedence and payment of benefits.

* * * * *
    (e) Upon the death of an insured family member, Option C benefits 
are paid to the employee, annuitant or compensationer responsible for 
withholdings under Sec.  870.402(a), except as provided in paragraph 
(f) of this section.
* * * * *
[FR Doc. 03-8610 Filed 4-8-03; 8:45 am]
BILLING CODE 6325-50-P