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

Office of Personnel Management

[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

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