[Federal Register Volume 79, Number 3 (Monday, January 6, 2014)]
[Rules and Regulations]
[Pages 530-531]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-31505]



5 CFR Part 870

RIN 3206-AM98

Federal Employees' Group Life Insurance Program: Election 
Opportunities for Pathways Participants

AGENCY: U.S. Office of Personnel Management.

ACTION: Interim Final Rule with request for comments.


SUMMARY: The U.S. Office of Personnel Management (OPM) is issuing an 
interim final regulation to update the Federal Employees' Group Life 
Insurance (FEGLI) regulations to reflect updated election opportunities 
for participants in the Pathways Programs, which were designed to 
promote employment for students and recent graduates in the Federal 
workforce through internships with Federal agencies.

DATES: This interim final rule is effective February 5, 2014. Comments 
are due on or before March 7, 2014.

(202)606-0004, or by email to Ronald.Brown@opm.gov.

SUPPLEMENTARY INFORMATION: OPM is issuing an interim final regulation 
to reflect the FEGLI election opportunities authorized by Executive 
Order (E.O.) 13562 signed by the President on December 27, 2010. E.O. 
13562 established the Internship Program and the Recent Graduates 
Program, which, along with the Presidential Management Fellows Program, 
as modified therein, became the Pathways Programs. This interim final 
rule updates 5 CFR 870.302(b)(2) to allow FEGLI election opportunities 
for participants in the

[[Page 531]]

Pathways Programs as authorized by the final rule: ``Excepted Service, 
Career and Career-Conditional Employment; and Pathways Programs,'' 77 
FR 28193 (May 11, 2012).


    Students hired under an Internship Program, Recent Graduate 
Program, or Presidential Management Fellows (PMF) Program, collectively 
known as the Pathways Programs, and who are employed in an appointment 
for a period expected to last longer than 1 year are eligible for life 
insurance coverage, as long as they are expected to be in a pay status 
for at least one-third of the total period of time from the date of 
their initial appointment to the date of the completion of the Program. 
The regulations are being changed to reflect this enrollment 
opportunity. This change can be found in section 870.302(b)(2).

Waiver of Proposed Rulemaking

    OPM has determined that it would be impracticable, unnecessary, and 
contrary to the public interest to delay putting the provisions of this 
interim final regulation in place until a public notice and comment 
process has been completed. Under section 553(b) of the Administrative 
Procedure Act (APA) (5 U.S.C. 551 et seq.) a general notice of proposed 
rulemaking is not required when an agency, for good cause, finds that 
notice and public comment thereon are impracticable, unnecessary, or 
contrary to the public interest. The FEGLI elections authorized by E.O. 
13562 for students and recent graduates require immediate 
implementation to protect available election opportunities for 
enrollees and their eligible dependents.

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, Life 
insurance, Retirement.

U.S. Office of Personnel Management.
Katherine Archuleta,
    Accordingly, OPM is amending 5 CFR part 870 as follows:


1. The authority citation for 5 CFR part 870 is revised to read as 

    Authority:  5 U.S.C. 8716; Subpart J also issued under section 
599C of Pub. L. 101-513, 104 Stat. 2064, as amended; Sec. 
870.302(a)(3)(ii) also issued under section 153 of 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) of Pub. L. 105-274, 112 Stat. 2419; Sec. 
870.302(a)(3) also issued under section 145 of Pub. L. 106-522, 114 
Stat. 2472; Secs. 870.302(b)(8), 870.601(a), and 870.602(b) also 
issued under Pub. L. 110-279, 122 Stat. 2604.

Subpart C--Eligibility

2. Section 870.302(b)(2) is revised to read as follows:

Sec.  870.302  Exclusions.

* * * * *
    (b) * * *
    (2) An employee who is employed for an uncertain or purely 
temporary period, who is employed for brief periods or intervals, or 
who is expected to work less than 6 months in each year. Exception: an 
employee who receives an appointment of at least 1 year's duration as 
an Intern under Sec.  213.3402(a) of this chapter and who is expected 
to be in a 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.
* * * * *
[FR Doc. 2013-31505 Filed 1-3-14; 8:45 am]