Federal Employees' Group Life Insurance Program: Filing Deadlines for Court Review of Administrative Final Decisions, 1336-1337 [2016-00453]
Download as PDF
1336
Proposed Rules
Federal Register
Vol. 81, No. 7
Tuesday, January 12, 2016
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.
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
U.S. Office of Personnel
Management.
ACTION: Proposed rule.
AGENCY:
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).
SUMMARY:
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: https://
www.regulations.gov. Follow the
instructions for submitting comments.
FOR FURTHER INFORMATION CONTACT:
Ronald Brown, Policy Analyst at
Ronald.Brown@opm.gov or 202–606–
0004.
DATES:
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
tkelley on DSK3SPTVN1PROD with PROPOSALS
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
20:16 Jan 11, 2016
Jkt 238001
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 3year 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.
PO 00000
Frm 00001
Fmt 4702
Sfmt 4702
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
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
2. Add § 870.106 to Subpart A to read
as follows:
■
§ 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
E:\FR\FM\12JAP1.SGM
12JAP1
Federal Register / Vol. 81, No. 7 / Tuesday, January 12, 2016 / Proposed Rules
(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
DEPARTMENT OF AGRICULTURE
Federal Crop Insurance Corporation
7 CFR part 457
[Docket No. FCIC–15–0002]
RIN 0563–AC48
Common Crop Insurance Regulations;
Texas Citrus Fruit Crop Insurance
Provisions
Federal Crop Insurance
Corporation, USDA.
ACTION: Proposed rule.
AGENCY:
The Federal Crop Insurance
Corporation (FCIC) proposes to amend
the Common Crop Insurance
Regulations, Texas Citrus Fruit Crop
Insurance Provisions. The intended
effect of this action is to provide policy
changes to better meet the needs of
policyholders, to clarify existing policy
provisions, and to reduce vulnerability
to program fraud, waste, and abuse.
Specifically, this proposed rule intends
to modify or clarify certain definitions,
clarify unit establishment, clarify
substantive provisions for consistency
with terminology changes, modify the
insured causes of loss, clarify required
timing for loss notices, modify portions
of loss calculation formulas, and
address potential misinterpretations or
ambiguity related to these issues. The
proposed changes will be effective for
the 2018 and succeeding crop years.
tkelley on DSK3SPTVN1PROD with PROPOSALS
SUMMARY:
VerDate Sep<11>2014
20:16 Jan 11, 2016
Jkt 238001
FCIC will accept written
comments on this proposed rule until
close of business March 14, 2016. FCIC
will consider these comments when
FCIC finalizes this rule.
ADDRESSES: FCIC prefers that interested
persons submit comments electronically
through the Federal eRulemaking Portal.
Interested persons may submit
comments, identified by Docket ID No.
FCIC–15–0002, by any of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail: Director, Product
Administration and Standards Division,
Risk Management Agency, United States
Department of Agriculture, P.O. Box
419205, Kansas City, MO 64133–6205.
All comments received, including
those received by mail, will be posted
without change to https://
www.regulations.gov, including any
personal information provided. Once
these comments are posted to this Web
site, the public can access all comments
at its convenience from this Web site.
All comments must include the agency
name and docket number or Regulatory
Information Number (RIN) for this rule.
For detailed instructions on submitting
comments and additional information,
see https://www.regulations.gov. If
interested persons are submitting
comments electronically through the
Federal eRulemaking Portal and want to
attach a document, FCIC requests use of
a text-based format. If interested persons
wish to attach a document that is a
scanned Adobe PDF file, it must be
scanned as text and not as an image,
thus allowing FCIC to search and copy
certain portions of the submissions. For
questions regarding attaching a
document that is a scanned Adobe PDF
file, please contact the RMA Web
Content Team at (816) 823–4694 or by
email at rmaweb.content@rma.usda.gov.
Privacy Act: Anyone is able to search
the electronic form of all comments
received for any dockets by the name of
the person submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). Interested persons may
review the complete User Notice and
Privacy Notice for Regulations.gov at
https://www.regulations.gov/
#!privacyNotice.
FOR FURTHER INFORMATION CONTACT: Tim
Hoffmann, Director, Product
Administration and Standards Division,
Risk Management Agency, United States
Department of Agriculture, Beacon
Facility, Stop 0812, Room 421, P.O. Box
419205, Kansas City, MO 64141–6205,
telephone (816) 926–7730.
DATES:
PO 00000
Frm 00002
Fmt 4702
Sfmt 4702
1337
SUPPLEMENTARY INFORMATION:
Executive Order 12866
This rule has been determined to be
not-significant for the purposes of
Executive Order 12866 and, therefore, it
has not been reviewed by the OMB.
Paperwork Reduction Act of 1995
Pursuant to the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. chapter 35, subchapter I), the
collections of information in this rule
have been approved by OMB under
control number 0563–0053.
E-Government Act Compliance
FCIC is committed to complying with
the E-Government Act of 2002, to
promote the use of the Internet and
other information technologies to
provide increased opportunities for
citizen access to Government
information and services, and for other
purposes.
Unfunded Mandates Reform Act of
1995
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA), establishes
requirements for Federal agencies to
assess the effects of their regulatory
actions on State, local, and tribal
governments and the private sector.
This rule contains no Federal mandates
(under the regulatory provisions of title
II of the UMRA) for State, local, and
tribal governments or the private sector.
Therefore, this rule is not subject to the
requirements of sections 202 and 205 of
UMRA.
Executive Order 13132
It has been determined under section
1(a) of Executive Order 13132,
Federalism, that this rule does not have
sufficient implications to warrant
consultation with the States. The
provisions contained in this rule will
not have a substantial direct effect on
States, or on the relationship between
the national government and the States,
or on the distribution of power and
responsibilities among the various
levels of government.
Executive Order 13175
This rule has been reviewed in
accordance with the requirements of
Executive Order 13175, Consultation
and Coordination with Indian Tribal
Governments. The review reveals that
this regulation will not have substantial
and direct effects on Tribal governments
and will not have significant Tribal
implications.
Regulatory Flexibility Act
FCIC certifies that this regulation will
not have a significant economic impact
E:\FR\FM\12JAP1.SGM
12JAP1
Agencies
[Federal Register Volume 81, Number 7 (Tuesday, January 12, 2016)]
[Proposed Rules]
[Pages 1336-1337]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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:
https://www.regulations.gov. Follow the instructions for submitting
comments.
FOR FURTHER INFORMATION CONTACT: Ronald Brown, Policy Analyst at
Ronald.Brown@opm.gov 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