Benefits Eligibility Chart – Law Clerks

Type of Position Chambers Law Clerk

Court Staff 

(Pro Se, Death Penalty, Bankruptcy Appellate Panel) 

Term Chambers (limited to 4 years or less)

Temporary Court Staff 

Time Limited Appointments

Duration of Appointment Career No Established Time Limit

Temporary

more than 1 year and 1 day

More than 1 year and 1 day More than 90 days up to 1 year Less than 90 days 

[2]

Federal Employees Health Benefits 

Program (FEHB) See FEHB Eligibility Matrix [1] No

Premium Payment Plan (PPP) Yes Yes Yes Yes Yes No

Federal Employee’s Group Life 

Insurance Program (FEGLI) Yes Yes Yes Yes No [2] No

Flexible Benefit Program:

Health Care Reimbursement Care 

(HCRA) [6]

Yes Yes Yes Yes No [2] No

Flexible Benefit Program:

Dependent Care Reimbursement 

Care (DCRA) [6] Yes Yes Yes Yes No [2] No

Commuter Parking 

Reimbursement Program Yes Yes Yes Yes Yes[2 No

Federal Employees Dental and 

Vision Insurance Program 

(FEDVIP)

Yes Yes Yes Yes No [2] No

Thrift Savings Plan (TSP) Yes Yes Yes No [2] No [2] No

Retirement Yes Yes Yes No [2] No [2] No

Federal Long-Term Care Insurance 

Program (FLTCIP) Yes Yes Yes Yes No [3]2 No

Leave Possibly [4] Possibly [4] Possibly [4] Possibly [4] Possibly [4] [5] Possibly [4] [5]
Benefits Eligibility Chart – Law Clerks

[1] Please refer to the FEHB Eligibility Chart in order to determine FEHB eligibility and government contributions. Coverage is dependent on employee work schedule, length of appointment, and hours worked.

[2] FEGLI, Health and Dependent Care Reimbursement Accounts, FEDVIP, TSP and Retirement are available only if transferring without a break in service from a previously covered position. To learn more about how 

a break-in-service affects your benefit enrollment, refer to the Break-in-Service Chart found on the New Hire Resources page of the JNet. 

[3] Employees must be actively at work and eligible for Federal Employees Health Benefits (FEHB) to apply for Long Term Care insurance.

[4] Law clerks are exempt from the provisions of 5 U.S.C. chapter 63, subchapter I (“Annual and Sick Leave,” formerly referred to as the “Leave Act”), unless specifically included by their appointing judge or 

local rule of court under authority of 28 U.S.C §§ 712, 752, 156(a), 634(c), and 794. This exemption includes annual leave, sick leave and home leave; and by reference, family and medical leave, voluntary leave 

transfer, and emergency leave transfer. Any law clerk who is exempt from 5 U.S.C, chapter 63, subchapter I remains eligible for court leave, military leave, bone marrow and organ donor leave, and time-off to 

attend the funeral of an immediate relative who died in military combat. See: AO-75A (Term Law Clerk Appointment and Leave Certification), AO-75C (Career Chambers Law Clerk Appointment and Leave 

Certification), AO-75D (Temporary Chambers Law Clerk Appointment and Leave Certification), and AO-75E (Court Staff Law Clerk Leave Certification).

[5] If the temporary law clerk is covered by annual and sick leave provisions and the duration of the appointment is less than 90 days, the employee will only earn sick leave. If the appointment is extended to 

90 days or more, the employee will earn annual leave retroactively to the start of the appointment for each pay period in which a complete biweekly tour of duty is served. If the temporary law clerk is covered 

by annual and sick leave provisions and the duration of the appointment is 90 days to 1 year or less, the incumbent will earn sick and annual leave starting the first pay period in which a complete biweekly 

tour of duty is served.

[6] Employees are not eligible for HCRA or DCRA benefits unless the employee has a federal judiciary appointment (or series of appointments) of at least one year and one day.