[Code of Federal Regulations]
[Title 5, Volume 2]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR870.302]

[Page 392-393]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED)
 
PART 870_FEDERAL EMPLOYEES' GROUP LIFE INSURANCE PROGRAM--Table of Contents
 
                          Subpart C_Eligibility
 
Sec. 870.302  Exclusions.

    (a) The following employees are excluded from life insurance 
coverage by law:
    (1) An employee of a corporation suspervised by the Farm Credit 
Administration, if private interests elect or appoint a member of the 
board of directors.
    (2) An individual who is not a citizen or national of the United 
States and whose permanent duty station is outside the United States. 
Exception: an individual who met the definition of employee on September 
30, 1979, by service in an Executive agency, the United States Postal 
Service, or the Smithsonian Institution in the area which was then known 
as the Canal Zone.
    (3) An individual first employed by the government of the District 
of Columbia on or after October 1, 1987. Exceptions:
    (i) An employee of St. Elizabeths Hospital, who accepts employment 
with the District of Columbia Government following Federal employment 
without a break in service, as provided in section 6 of Pub. L. 98-621 
(98 Stat. 3379);
    (ii) An employee of the District of Columbia Financial 
Responsibility and Management Assistance Authority (Authority), who 
makes an election under the Technical Corrections to Financial 
Responsibility and Management Assistance Act (section 153 of Pub. L. 
104-134 (110 Stat. 1321)) to be considered a Federal employee for life 
insurance and other benefits purposes; employees of the Authority who 
are former Federal employees are subject to the provisions of Sec. Sec. 
870.503(d) and 870.705 of this part;
    (iii) The Corrections Trustee and the Pretrial Services, Parole, 
Adult Probation and Offender Supervision Trustee and employees of these 
Trustees who accept employment with the District of Columbia government 
within 3 days after separating from the Federal Government;
    (iv) Effective October 1, 1997, judicial and nonjudicial employees 
of the District of Columbia Courts, as provided by Pub. L. 105-33 (111 
Stat. 251); and
    (v) Effective April 1, 1999, employees of the Public Defender 
Service of the District of Columbia, as provided by Pub. L. 105-274 (112 
Stat. 2419).
    (4) Teachers in Department of Defense dependents schools overseas, 
if employed by the Federal Government in a nonteaching position during 
the recess period between school years.
    (b) The following employees are also excluded from life insurance 
coverage:
    (1) An employee serving under an appointment limited to 1 year or 
less. Exceptions:
    (i) An employee whose full-time or part-time temporary appointment 
has a regular tour of duty and follows a position in which he/she was 
insured, with no break in service or with a

[[Page 393]]

break in service of no more than 3 days;
    (ii) An acting postmaster;
    (iii) A Presidential appointee appointed to fill an unexpired term; 
and
    (iv) Certain employees who receive provisional appointments as 
defined in Sec. 316.403 of this title.
    (2) An employee who is employed for an uncertain or purely temporary 
period, who is employed for brief periods at intervals, or who is 
expected to work less than 6 months in each year. Exception: An employee 
who is employed under an OPM-approved career-related work-study program 
under Schedule B lasting at least 1 year and who is expected to be in 
pay status for at least one-third of the total period of time from the 
date of the first appointment to the completion of the work-study 
program.
    (3) An intermittent employee (a non-full-time employee without a 
regularly scheduled tour of duty). Exception: An employee whose 
intermittent appointment follows, with no break in service or with a 
break in service of no more than 3 days, a position in which he/she was 
insured and to which he/she is expected to return.
    (4) An employee whose pay, on an annual basis, is $12 a year or 
less.
    (5) A beneficiary or patient employee in a Government hospital or 
home.
    (6) An employee paid on a contract or fee basis. Exception: an 
employee who is a United States citizen, who is appointed by a contract 
between the employee and the Federal employing authority which requires 
his/her personal service, and who is paid on the basis of units of time.
    (7) An employee paid on a piecework basis. Exception: An employee 
whose work schedule provides for full-time or part-time service with a 
regularly scheduled tour of duty.
    (c) OPM makes the final determination about whether the above 
categories apply to a specific employee or group of employees.

[62 FR 48731, Sept. 17, 1997, as amended at 64 FR 15289, Mar. 31, 1999]