§9001. Definitions

For purposes of this chapter:

(1) Employee.-The term "employee" means-

(A) an employee as defined by section 8901(1);

(B) an individual described in section 2105(e); and

(C) an individual employed by the Tennessee Valley Authority,

but does not include an individual employed by the government of the District of Columbia.

(2) Annuitant.-The term "annuitant" has the meaning such term would have under paragraph (3) of section 8901 if, for purposes of such paragraph, the term "employee" were considered to have the meaning given to it under paragraph (1) of this subsection.

(3) Member of the uniformed services.-The term "member of the uniformed services" means a member of the uniformed services, other than a retired member of the uniformed services, who is-

(A) on active duty or full-time National Guard duty for a period of more than 30 days; and

(B) a member of the Selected Reserve.

(4) Retired member of the uniformed services.-The term "retired member of the uniformed services" means a member or former member of the uniformed services entitled to retired or retainer pay, including a member or former member retired under chapter 1223 of title 10 who has attained the age of 60 and who satisfies such eligibility requirements as the Office of Personnel Management prescribes under section 9008.

(5) Qualified relative.-The term "qualified relative" means each of the following:

(A) The spouse of an individual described in paragraph (1), (2), (3), or (4).

(B) A parent, stepparent, or parent-in-law of an individual described in paragraph (1) or (3).

(C) A child (including an adopted child, a stepchild, or, to the extent the Office of Personnel Management by regulation provides, a foster child) of an individual described in paragraph (1), (2), (3), or (4), if such child is at least 18 years of age.

(D) An individual having such other relationship to an individual described in paragraph (1), (2), (3), or (4) as the Office may by regulation prescribe.

(6) Eligible individual.-The term "eligible individual" refers to an individual described in paragraph (1), (2), (3), (4), or (5).

(7) Qualified carrier.-The term "qualified carrier" means an insurance company (or consortium of insurance companies) that is licensed to issue long-term care insurance in all States, taking any subsidiaries of such a company into account (and, in the case of a consortium, considering the member companies and any subsidiaries thereof, collectively).

(8) State.-The term "State" includes the District of Columbia.

(9) Qualified long-term care insurance contract.-The term "qualified long-term care insurance contract" has the meaning given such term by section 7702B of the Internal Revenue Code of 1986.

(10) Appropriate secretary.-The term "appropriate Secretary" means-

(A) except as otherwise provided in this paragraph, the Secretary of Defense;

(B) with respect to the Coast Guard when it is not operating as a service of the Navy, the Secretary of Transportation;

(C) with respect to the commissioned corps of the National Oceanic and Atmospheric Administration, the Secretary of Commerce; and

(D) with respect to the commissioned corps of the Public Health Service, the Secretary of Health and Human Services.

(Added Pub. L. 106–265, title I, §1002(a), Sept. 19, 2000, 114 Stat. 762 .)

References in Text

Section 7702B of the Internal Revenue Code of 1986, referred to in par. (9), is classified to section 7702B of Title 26, Internal Revenue Code.

Effective Date

Pub. L. 106–265, title I, §1003, Sept. 19, 2000, 114 Stat. 770 , provided that: "The Office of Personnel Management shall take such measures as may be necessary to ensure that long-term care insurance coverage under title 5, United States Code, as amended by this title [enacting this chapter], may be obtained in time to take effect not later than the first day of the first applicable pay period of the first fiscal year which begins after the end of the 18-month period beginning on the date of the enactment of this Act [Sept. 19, 2000]."

Short Title

Pub. L. 106–265, title I, §1001, Sept. 19, 2000, 114 Stat. 762 , provided that: "This title [enacting this chapter] may be cited as the 'Long-Term Care Security Act'."

Section Referred to in Other Sections

This section is referred to in sections 9002, 9004, 9008 of this title.