This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

50995

Vol. 62, No. 189

Tuesday, September 30, 1997

OFFICE OF PERSONNEL

MANAGEMENT

5 CFR Parts 831, 837, 842, 846, 870,

and 890

RIN 3206–AI02

Retirement, Health, and Life Insurance

Coverage for Certain Employees of the

District of Columbia Under the National

Capital Revitalization and SelfGovernment Improvement Act of 1997

AGENCY: Office of Personnel

Management.

ACTION: Interim rule with request for

comments.

SUMMARY: The Office of Personnel

Management (OPM) is issuing interim

regulations to implement the provisions

of sections 11202, 11232, and 11246 of

the National Capital Revitalization and

Self-Government Improvement Act of

1997. These provisions of the Act

require that nonjudicial employees of

the District of Columbia Courts, and,

under certain conditions, the District of

Columbia Corrections Trustee and the

District of Columbia Pretrial Services,

Defense Services, Parole, Adult

Probation and Offender Supervision

Trustee (Trustees) and their respective

employees (Trustee Employees) be

considered Federal employees for

purposes of Federal retirement, health,

and life insurance coverage. The Act

requires that judicial employees (judges)

of the District of Columbia Courts be

considered Federal employees for the

purposes of Federal health, and life

insurance coverage. These regulations

are necessary to put the new coverage

into effect.

DATES: Interim rules effective October 1,

1997; comments must be received on or

before December 1, 1997.

ADDRESSES: Send comments to John E.

Landers, Chief, Retirement Policy

Division; Retirement and Insurance

Service; Office of Personnel

Management; P.O. Box 57; Washington,

DC 20044; or deliver to OPM, Room

4351, 1900 E Street, NW., Washington,

DC. Comments may also be submitted

by electronic mail to combox@opm.gov.

FOR FURTHER INFORMATION CONTACT:

Patrick Jennings, (202) 606–0299

concerning retirement coverage, or

Karen Leibach (202) 606–0004

concerning health and life insurance

coverage.

SUPPLEMENTARY INFORMATION: The

National Capital Revitalization and SelfGovernment Improvement Act of 1997

(the Act), title XI of Public Law 105–33,

111 Stat. 251, was enacted on August 5,

1997. Section 11202 of the Act

establishes a District of Columbia

Department of Corrections Trustee, and

section 11232 of the Act establishes a

District of Columbia Pretrial Services,

Defense Services, Parole, Adult

Probation and Offender Supervision

Trustee. These sections of the Act

require a former Federal employee

appointed with a break in service of 3

days of less to be treated as a Federal

employee for the purpose of chapter 83

(the Civil Service Retirement System—

CSRS) or chapter 84 (the Federal

Employees Retirement System—FERS);

chapter 87 (the Federal Employees’

Group Life Insurance Program—FEGLI);

and chapter 89 (the Federal Employees

Health Benefits Program—FEHB) of title

5, United States Code, during service as

a Trustee or Trustee employee.

Section 11246 of the Act requires

nonjudicial employees of the District of

Columbia Courts to be treated as Federal

employees for the purposes of chapters

81 (relating to compensation for work

injuries), 83, 84, 87, and 89. This section

also requires judges of the District of

Columbia Courts to be treated as Federal

employees for the purposes of chapters

81 (relating to compensation for work

injuries), 87, and 89.

As employees of the District of

Columbia Government, employees of

the District of Columbia Courts have not

been eligible for coverage under FERS

and, therefore, were not allowed to elect

to be covered by FERS. When the

regulations take effect, nonjudicial

employees of the District of Columbia

Courts will be deemed to be Federal

employees for this purpose and, because

they will not have had an opportunity

to elect FERS coverage, these

regulations will allow them to elect

FERS if now subject to CSRS, in the

same way as new Federal hires who are

eligible for CSRS may elect FERS.

Federal employees may be detailed to

the District of Columbia Department of

Corrections Trustee or the District of

Columbia Pretrial Services, Defense

Services, Parole, Adult Probation and

Offender Supervision Trustee under the

provisions of part 334 of title 5, Code of

Federal Regulations, which addresses

assignments of Federal employees to

State governments, and the District of

Columbia. The Act authorizes such

details to a Trustee at the request of a

Trustee with the approval of the head of

the employee’s Federal department or

agency. Employees detailed under part

334 retain their status as Federal

employees and, therefore, retain Federal

benefits coverage.

With respect to employees of the

District of Columbia Courts, section

11246(b)(3) of the Act requires that the

amendments shall apply with respect to

all months beginning after the date on

which OPM issues regulations to

implement the new coverage provisions.

Accordingly, the amendments made by

section 11246 of the Act are effective

October 1, 1997.

With respect to the District of

Columbia Department of Corrections

Trustee and the District of Columbia

Pretrial Services, Defense Services,

Parole, Adult Probation and Offender

Supervision Trustee, and the Trustees’

employees, sections 11202 and 11232 of

the Act do not establish a specific

effective date for the beginning of

Federal employee status. Accordingly,

the regulations to implement the new

coverage provisions for a Trustee and a

Trustee’s employees become effective

on the date of a Trustee’s appointment.

In addition, these regulations make

technical amendments to retirement

coverage provisions governing

employees of the District of Columbia

Financial Responsibility and

Management Assistance Authority,

conforming amendments to provisions

governing reemployed annuitants, and

non-substantive clarifying amendment

to retirement coverage provisions

governing certain employees of St.

Elizabeths Hospital.

Waiver of General Notice of Proposed

Rulemaking

Under section 553(b) (3)(B) and (d)(3)

of title 5, United States Code, I find that

good cause exists for waiving the

general notice of proposed rulemaking
50996 Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations

and for making these rules effective in

less than 30 days. These regulations will

affect the retirement and insurance

coverage of certain employees of the

District of Columbia Courts on and after

October 1, 1997, and the retirement and

insurance coverage of a Trustee and the

Trustee’s employees on and after the

appointment of the Trustee. Publication

of a general notice on proposed

rulemaking would be contrary to the

public interest because it would delay

the commencement of Federal employee

benefits of employees of the District of

Columbia Courts and eligible

individuals employed during the initial

staffing of the District of Columbia

Department of Corrections Trustee, and

the District of Columbia Pretrial

Services, Defense Services, Parole,

Adult Probation and Offender

Supervision Trustee.

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 will only affect a

small number of former Federal

employees of the Trustee of the District

of Columbia Department of Corrections

and the Trustee of District of Columbia

Pretrial Services, Defense Service,

Parole, Adult Probation and Offender

Supervision, and employees of the

District of Columbia Courts.

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

5 CFR Parts 831, 837, 842 and 846

Administrative practice and

procedure, Air traffic controllers,

Alimony, Claims, Disability benefits,

Firefighters, Government employees,

Income taxes, Intergovernmental

relations, Law enforcement officers,

Pensions, Reporting and recordkeeping

requirements, Retirement.

5 CFR Part 870

Administrative practice and

procedure, Government employees,

Hostages, Iraq, Kuwait, Lebanon, Life

insurance Retirement.

5 CFR Part 890

Administrative practice and

procedure, Government employees,

Health facilities, Health insurance,

Health professions, Hostages, Iraq,

Kuwait, Lebanon, Reporting and

recordkeeping requirements,

Retirement.

Office of Personnel Management.

Janice R. Lachance,

Acting Director.

Accordingly, OPM is amending 5 CFR

parts 831, 837, 842, 846, 870 and 890 as

follows:

PART 831—RETIREMENT

1. The authority citation for part 831

is revised to read as follows:

Authority: 5 U.S.C. 8347; § 831.102 also

issued under 5 U.S.C. 8334; § 831.106 also

issued under 5 U.S.C. 552a; § 831.108 also

issued under 5 U.S.C. 8336(d)(2);

§ 831.201(b)(6) also issued under 5 U.S.C.

7701(b)(2); § 831.201(g) also issued under

sections 11202(f), 11232(e), and 11246(b) of

the National Capital Revitalization and SelfGovernment Improvement Act of 1997, title

XI of Pub. L. 105–33, 111 Stat. 251; § 831.204

also issued under section 102(e) of the

District of Columbia Financial Responsibility

and Management Assistance Act of 1995,

Pub. L. 104–8, 109 Stat. 102, as amended by

section 153 of Pub. L. 104–134, 110 Stat.

1321; § 831.303 also issued under 5 U.S.C.

8334(d)(2); § 831.502 also issued under 5

U.S.C. 8337; § 831.502 also issued under

section 1(3), E.O. 11228, 3 CFR 1964–1965

Comp.; § 831.663 also issued under 5 U.S.C.

8339(j) and (k)(2); §§ 831.663 and 831.664

also issued under section 11004(c)(2) of the

Omnibus Budget Reconciliation Act of 1993,

Pub. L. 103–66; § 831.682 also issued under

section 201(d) of the Federal Employees

Benefits Improvement Act of 1986, Pub. L.

99–251, 100 Stat. 23; subpart S also issued

under 5 U.S.C. 8345(k); subpart V also issued

under 5 U.S.C. 8343a and section 6001 of the

Omnibus Budget Reconciliation Act of 1987,

Pub. L. 100–203, 101 Stat. 1330–275;

§ 831.2203 also issued under section 7001

(a)(4) of the Omnibus Budget Reconciliation

Act of 1990, Pub. L. 101–508, 104 Stat. 1388–

328.

2. Section 831.201 is amended by

revising paragraph (g) to read as follows:

§ 831.201 Exclusions from retirement

coverage.

* * * * *

(g) Individuals first employed by the

government of the District of Columbia

on or after October 1, 1987, in a position

subject to subchapter III of chapter 83 of

title 5, United States Code, are excluded

from such subchapter, except:

(1) Employees of St. Elizabeths

Hospital who were covered under

subchapter III of chapter 83 of title 5,

United States Code, before October 1,

1987, appointed by the District of

Columbia government on October 1,

1987, as provided in section 6 of Pub.

L. 98–621, and deemed employed by the

District of Columbia government before

October 1, 1987, under section 109 of

Pub. L. 100–238;

(2) Effective on and after October 1,

1997, the effective date of section 11246

of Pub. L. 105–33, 111 stat. 251,

nonjudicial employees of the District of

Columbia Courts employed in a position

which is not excluded from CSRS under

the provisions of this section;

(3) The District of Columbia

Department of Corrections Trustee,

authorized by section 11202 of Pub. L.

105–33, 111 Stat. 251, and an employee

of the Trustee if the Trustee or employee

is a former Federal employee appointed

with a break in service of 3 days or less,

and in the case of an employee of the

Trustee is employed in a position which

is not excluded from CSRS under the

provisions of this section;

(4) The District of Columbia Pretrial

Services, Defense Services, Parole,

Adult Probation and Offender

Supervision Trustee, authorized by

section 11232 of Pub. L. 105–33, 111

Stat. 251, and an employee of the

Trustee if the Trustee or employee is a

former Federal employee appointed

with a break in service of 3 days or less,

and in the case of an employee of the

Trustee is employed in a position which

is not excluded from CSRS under the

provisions of this section, and;

(5) Subject to an election under

§ 831.204, employees of the District of

Columbia Financial Responsibility and

Management Assistance Authority.

* * * * *

PART 837—REEMPLOYMENT OF

ANNUITANTS

3. The authority citation for part 837

continues to read as follows:

Authority: 5 U.S.C. 8337, 8344, 8347, 8455,

8456, 8461, and 8468; and section 302 of

Pub. L. 99–335, June 6, 1986, as amended.

4. Section 837.101 is amended by

revising paragraph (a)(2) to read as

follows:

§ 837.101 Applicability.

(a) * * *

(2) Reemployment of an annuitant by

the government of the District of

Columbia when the annuitant had been

employed subject to CSRS by the

District of Columbia prior to October 1,

1987, or is an employee of the

government of the District of Columbia

not excluded from CSRS under

§ 831.201(g) or is an employee of the

government of the District of Columbia

who is deemed to be a Federal employee

for FERS purposes under § 842.107; and

* * * * *

5. Section 837.102 is amended by

revising the definition for Reemployed

to read as follows:

§ 837.102 Definitions.

* * * * *

Reemployed means reemployed in an

appointive or elective position with the
Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations 50997

Federal Government, or reemployed in

an appointive or elective position with

the District of Columbia (when the

annuitant was first employed subject to

CSRS by the District of Columbia before

October 1, 1987, or is an employee of

the government of the District of

Columbia not excluded from CSRS

under § 831.201(g) or is an employee of

the government of the District of

Columbia who is deemed to be a Federal

employee for FERS purposes under

§ 842.107 of this chapter), whether the

position is subject to CSRS, FERS, or

another retirement system, but does not

include appointment as a Governor of

the Board of Governors of the United

States Postal Service, or reemployment

under the provisions of law that exclude

offset of pay by annuity, that is, sections

8344 (i), (j), or (k), or 8468 (f), (g), or (h)

of title 5, United States Code.

* * * * *

PART 842—FEDERAL EMPLOYEES

RETIREMENT SYSTEM—BASIC

ANNUITY

6. The authority citation for part 842

is revised to read as follows:

Authority: 5 U.S.C. 8461(g); §§ 842.104 and

842.106 also issued under 5 U.S.C. 8461(n);

§ 842.105 also issued under 5 U.S.C.

8402(c)(1) and 7701(b)(2); § 842.106 also

issued under section 102(e) of the District of

Columbia Financial Responsibility and

Management Assistance Act of 1995, Pub. L.

104–8, 109 Stat. 102, as amended by section

153 of Pub. L. 104–134, 110 Stat. 1321;

§ 842.107 also issued under sections 11202(f),

11232(e), and 11246(b) of the National

Capital Revitalization and Self-Government

Improvement Act of 1997, title XI of Pub. L.

105–33; 111 Stat. 251; §§ 842.604 and

842.611 also issued under 5 U.S.C. 8417;

§ 842.607 also issued under 5 U.S.C. 8416

and 8417; § 842.614 also issued under 5

U.S.C. 8419; § 842.615 also issued under 5

U.S.C. 8418; § 842.703 also issued under

section 7001(a)(4) of the Omnibus Budget

Reconciliation Act of 1990, Pub. L. 101–508;

§ 842.707 also issued under section 6001 of

the Omnibus Budget Reconciliation Act of

1987, Pub. L. 100–203; § 842.708 also issued

under section 4005 of the Omnibus Budget

Reconciliation Act of 1989, Pub. L. 101–239

and section 7001 of the Omnibus Budget

Reconciliation Act of 1990, Pub. L. 101–508;

subpart H also issued under 5 U.S.C. 1104.

7. Section 842.107 is added to read as

follows:

§ 842.107 Employees covered under the

National Capital Revitalization and SelfGovernment Improvement Act of 1997.

The following categories of employees

of the District of Columbia Government

are deemed to be Federal employees for

FERS purposes on and after October 1,

1997:

(a) Nonjudicial employees of the

District of Columbia Courts;

(b) The District of Columbia

Department of Corrections Trustee,

authorized by section 11202 of Pub. L.

105–33, 111 Stat. 251, and an employee

of the Trustee if the Trustee or employee

is a former Federal employee appointed

with a break in service of 3 days or less;

(c) The District of Columbia Pretrial

Services, Defense Services, Parole,

Adult Probation and Offender

Supervision Trustee, authorized by

section 11232 of Pub. L. 105–33, 111

Stat. 251, and an employee of the

Trustee if the Trustee or employee is a

former Federal employee appointed

with a break in service of 3 days or less.

PART 846—FEDERAL EMPLOYEES

RETIREMENT SYSTEM—ELECTING

COVERAGE

8. The authority citation for part 846

is revised to read as follows:

Authority: 5 U.S.C. 8461(g); § 846.201(b)

also issued under 5 U.S.C. 7701(b)(2);

§ 846.201(d) also issued under section

11246(b) of the National Capital

Revitalization and Self-Government

Improvement Act of 1997, title XI of Pub. L.

105–33, 111 Stat. 251; § 846.202 also issued

under section 301(d)(3) of Pub. L. 99–335;

§ 846.201(b)(ii) also issued under section 153

of Pub. L. 104–134, 110 Stat. 1321.

9. Section 846.201 is amended by

revising paragraph (d)(1) to read as

follows:

§ 846.201 Elections to become subject to

FERS.

* * * * *

(d) Exceptions. (1) An individual who

is an employee of the government of the

District of Columbia may not elect to

become subject to FERS except an

individual so employed who is covered

by CSRS and eligible for FERS coverage

by operation of section 11246, of Pub. L.

105–33, 111 Stat. 251.

* * * * *

PART 870—BASIC LIFE INSURANCE

10. The authority citation for part 870

is revised to read as follows:

Authority: 5 U.S.C. 8716; § 870.202(c) also

issued under 5 U.S.C. 7701(b)(2); subpart J

also issued under sec. 599C of Pub. L. 101–

513, 104 Stat. 2064, as amended; § 870.202

also issued under sections 11202(f), 11232(e),

and 11246 (b) and (c) of Pub. L. 105–33, 111

Stat. 251.

11. Section 870. 202 is amended by

revising paragraph (a)(8) to read as

follows:

§ 870.202 Exclusions.

(a) * * *

(8) An individual first employed by

the government of the District of

Columbia on or after October 1, 1987.

However, this exclusion does not apply

to:

(i) Employees of St. Elizabeths

Hospital who accept offers of

employment with the District of

Columbia government without a break

in service, as provided in section 6 of

Pub. L. 98–621 (98 Stat. 3379);

(ii) The Corrections Trustee and the

Pretrial Services, Defense Services,

Parole, Adult Probation and Offender

Supervision Trustee and employees of

these Trustees who accept employment

with the District of Columbia

government within 3 days after

separating from the Federal

Government; and

(iii) Effective October 1, 1997, judges

and nonjudicial employees of the

District of Columbia Courts, as provided

by Pub. L. 105–33 (111 Stat. 251).

* * * * *

PART 890—FEDERAL EMPLOYEES

HEALTH BENEFITS PROGRAM

12. The authority citation for part 890

is revised to read as follows:

Authority: 5 U.S.C. 8913; § 890.803 also

issued under 50 U.S.C. 403p, 22 U.S.C. 4069c

and 4069c–1; subpart L also issued under

sec. 599C of Pub. L. 101–513, 104 Stat. 2064,

as amended; § 890.102 also issued under

sections 11202(f), 11232(e), and 11246 (b)

and (c) of Pub. L. 105–33, 111 Stat. 251.

13. Section 890.102 is amended by

revising paragraph (c)(8) to read as

follows:

§ 890.102 Coverage.

* * * * *

(c) * * *

(8) An individual first employed by

the government of the District of

Columbia on or after October 1, 1987.

However, this exclusion does not apply

to:

(i) Employees of St. Elizabeths

Hospital who accept offers of

employment with the District of

Columbia government without a break

in service, as provided in section 6 of

Pub. L. 98–621 (98 Stat. 3379);

(ii) The Corrections Trustee and the

Pretrial Services, Defense Services,

Parole, Adult Probation and Offender

Supervision Trustee and employees of

these Trustees who accept employment

with the District of Columbia

government within 3 days after

separating from the Federal

Government; and

(iii) Effective October 1, 1997, judges

and nonjudicial employees of the

District of Columbia Courts, as provided

by Pub. L. 105–33 (111 Stat. 251).

[FR Doc. 97–25889 Filed 9–29–97; 8:45 am]

BILLING CODE 6325–01–M