I

104TH CONGRESS

2D SESSION H. R. 3295

To amend title 5, United States Code, to extend the treatment currently

afforded to Federal judges under the Federal Employees Group Life

Insurance Program to certain other judicial officials, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

APRIL 23, 1996

Mrs. MORELLA introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Government

Reform and Oversight, for a period to be subsequently determined by the

Speaker, in each case for consideration of such provisions as fall within

the jurisdiction of the committee concerned

A BILL

To amend title 5, United States Code, to extend the treatment currently afforded to Federal judges under the

Federal Employees Group Life Insurance Program to

certain other judicial officials, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. EXTENSION OF TREATMENT TO OTHER JUDI4 CIAL OFFICIALS.

5 (a) DEFINITIONS.—Section 8701(a) of title 5, United

6 States Code, is amended—
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1 (1) in paragraph (9) by striking ‘‘and’’ after

2 the semicolon; and

3 (2) by inserting after paragraph (10) and be4 fore ‘‘but does not include’’ the following:

5 ‘‘(11) a judicial official within the meaning of—

6 ‘‘(A) section 376(a)(1)(B) of title 28 who,

7 after attaining age 65 or on the basis of disabil8 ity, retires from regular active service under

9 section 373 of such title;

10 ‘‘(B) section 376(a)(1)(C) of title 28 who,

11 after attaining age 65 or on the basis of disabil12 ity, retires from regular active service under

13 section 611 of such title;

14 ‘‘(C) section 376(a)(1)(D) of title 28 who,

15 after attaining age 65 or on the basis of disabil16 ity, retires from regular active service under

17 section 627 of such title;

18 ‘‘(D) section 376(a)(1)(E) of title 28 who,

19 after attaining age 65 or on the basis of disabil20 ity, retires from regular active service under

21 sections 611 and 677 of such title;

22 ‘‘(E) section 376(a)(1)(F) of title 28 who,

23 after attaining age 65 or on the basis of disabil24 ity, retires from regular active service under

25 chapter 83 or 84 of this title, section 377 of
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1 title 28, or section 2(c) of the Retirement and

2 Survivors’ Annuities for Bankruptcy Judges

3 and Magistrates Act of 1988; or

4 ‘‘(F) section 376(a)(1)(G) of title 28 who,

5 after attaining age 65 or on the basis of disabil6 ity, retires from regular active service under

7 section 178 of such title; and

8 ‘‘(12) a judge of the United States Tax Court

9 appointed under section 7443(b) of the Internal

10 Revenue Code of 1986 who is retired from regular

11 active service under section 7447 thereof;’’.

12 (b) PROVISIONS RELATING TO TERMINATION.—

13 (1) BASIC COVERAGE AND OPTION B.—The sec14 ond sentence of section 8706(a) of title 5, United

15 States Code, and the second sentence of section

16 8714b(c)(1) of such title, are each amended by in17 serting ‘‘, and any employee as defined in section

18 8701(a) (11) or (12),’’ before ‘‘are deemed’’.

19 (2) OPTIONS A AND C.—Sections 8714a(c)(1)

20 and 8714c(c)(1) of title 5, United States Code, are

21 each amended by adding at the end the following:

22 ‘‘Justices and judges of the United States described

23 in section 8701(a)(5) (ii) and (iii) of this chapter,

24 and any employee as defined in section 8701(a) (11)
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1 or (12), are deemed to continue in active employ2 ment for purposes of this chapter.’’.

3 (c) TECHNICAL AMENDMENTS.—Section 8714a(c)(3)

4 of title 5, United States Code, and the third sentence of

5 section 8714b(c)(1) of such title, are repealed.

6 (d) APPLICABILITY.—

7 (1) IN GENERAL.—

8 (A) FUTURE RETIREMENTS.—Except as

9 provided in subparagraph (B) and paragraph

10 (2), nothing in this section or in any amend11 ment made by this section shall be considered

12 to affect the treatment under chapter 87 of title

13 5, United States Code, of any individual whose

14 date of retirement (as described in any provi15 sion of the amendment made by subsection

16 (a)(2)) precedes the date of the enactment of

17 this Act.

18 (B) LIMITED EXCEPTION.—

19 (i) APPLICABILITY.—This subpara20 graph shall apply to any individual—

21 (I) who retired (under any provi22 sion of law cited in the amendment

23 made by subsection (a)(2)) after July

24 31, 1987, and before the date of the

25 enactment of this Act;
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1 (II) who would have been eligible

2 to have continued being treated (after

3 retiring) as an employee under chap4 ter 87 of title 5, United States Code,

5 had the amendments made by this

6 section been in effect at the time of

7 such individual’s retirement; and

8 (III) who has remained continu9 ously covered under chapter 87 of title

10 5, United States Code, since retiring.

11 (ii) ELECTION.—Any individual de12 scribed in clause (i) may, upon appropriate

13 written application submitted within 12

14 months after the effective date of the regu15 lations under clause (iv), elect, for pur16 poses of chapter 87 of title 5, United

17 States Code, to be treated as if the amend18 ments made by this section had been in ef19 fect at the time of such individual’s retire20 ment.

21 (iii) PROSPECTIVE EFFECT.—Nothing

22 in this subparagraph shall be considered to

23 permit or require any change in coverage

24 or any collection or repayment of contribu-
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1 tions with respect to any period before the

2 election is made.

3 (iv) REGULATIONS.—The Office of

4 Personnel Management shall prescribe

5 such regulations as may be necessary to

6 carry out this subparagraph.

7 (2) RULE RELATING TO CERTAIN TECHNICAL

8 AMENDMENTS.—The provisions added by subsection

9 (b)(2) shall (A) to the extent that they relate to jus10 tices and judges of the United States described in

11 section 8701(a)(5) (ii) and (iii) of title 5, United

12 States Code, and (B) with respect to the period after

13 December 31, 1986, and before the date of the en14 actment of this Act, be given the same effect as

15 would have been given to the corresponding prior

16 provisions of title 5, United States Code (as inserted

17 pursuant to amendments made by section 7(1) of

18 Public Law 99–336), had those prior provisions not

19 been superseded by amendments taking effect under

20 Public Law 99–335.

21 SEC. 2. ASSIGNMENT AUTHORITY.

22 Section 8706(e) of title 5, United States Code, is

23 amended—

24 (1) by striking ‘‘Federal judge’’ and inserting

25 ‘‘employee or former employee’’;
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1 (2) by striking ‘‘judge’s’’ and inserting ‘‘em2 ployee’s or former employee’s’’; and

3 (3) by striking ‘‘purchase’’ and inserting ‘‘pur4 chased’’.

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