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B-198241(RLR) 1 (1980-04-28)

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UNITED STATES GENERAL ACCOUNTING OFFICE
         WASHINGTON, D.C. 20548


OFFICE OF GENERAL COUNSEL





        The Honorable {m Loeffler
        Member, United States House
          of Representatives
        727 East Durango, B-209
        San Antonio, Texas  78206


IN REPLY
REFER TO: B-198241 (RLR)


   April 28, 1980


     Dear Mr. Loeffler:    L?  4     S. - f -i

          This replies to your letter of March 21, 980, your reference
     TL:pop, equestin   our assistance in behalf o one of your constitu-
     ents, Mrs. Cozena N. Garrett, the widow of J mes Ray Garrett, a
     deceased former employee of the United Stat s Department of Labor.
     Through her attorney, Robert E. Luxen, Mrs. Garrett seeks reversal of
     the decision that her husband did not have ptional life insurance
     covergunder the Federal Employees Group Life Insurance Program at
/    the time of his death.

     /uoptional insurance premiums were deducted from Mr. Garrett's pay
     during his employment-wJt the Department of Labor from May 1976 until
     his death on August U, 1      nd a certificate was issued to him
     indicating that he had both regular and optional coverage. However,
     the Depar4 '~     Labor determined after his death that he had not
     been eligigle for the optional insurance because he had failed to
     request cancellation of a declination of such insurance made during
     prior Federal employment and to furnish satisfactory medical evi-
     dence of insurability   In a letter to the Department, dated
     September 24, 1979, the United States Office of Personnel Management
     (OPM), Compensation Group, confirmed that Mr. Garrett did not have
     optional insurance coverage since his original waiver had never been
     properly cancelled.

          Under the current law governing the Federal Employees Group Life
     Insurance Program, chapter 87 of title 5, United States Code, primary
     responsibility and authority for its administration, which originally
     rested with the fo mer United States Civil Service Commission, now
     resides in OPM. ,4he General Accounting Office has been g ven i
     jurisdiction over claims under this program. However, wRve con- v
     ferred with OPM concerning M   t       Ls case and 4b..   aadvised


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