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Union Calendar No. 472

103D CONGRESS

2D SESSION H. R. 3297

[Report No. 103–855]

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.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 15, 1993

Mrs. MORELLA introduced the following bill; which was referred to the

Committee on Post Office and Civil Service

OCTOBER 7, 1994

Reported with amendments, committed to the Committee of the Whole House

on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on October 15, 1993]

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. EXTENSION OF TREATMENT TO OTHER JUDI2 CIAL OFFICIALS.

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

4 States Code, is amended—

5 (1) in paragraph (9) by striking ‘‘and’’ after the

6 semicolon; and

7 (2) by inserting after paragraph (10) and before

8 ‘‘but does not include’’ the following:

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

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

11 after attaining age 65 or on the basis of disabil12 ity, retires from regular active service under sec13 tion 373 of such title;

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

15 after attaining age 65 or on the basis of disabil16 ity, retires from regular active service under sec17 tion 611 of such title;

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

19 after attaining age 65 or on the basis of disabil20 ity, retires from regular active service under sec21 tion 627 of such title;

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

23 after attaining age 65 or on the basis of disabil24 ity, retires from regular active service under sec25 tions 611 and 677 of such title;
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1 ‘‘(E) section 376(a)(1)(F) of title 28 who,

2 after attaining age 65 or on the basis of disabil3 ity, retires from regular active service under

4 chapter 83 or 84 of this title, section 377 of title

5 28, or section 2(c) of the Retirement and Survi6 vors’ Annuities for Bankruptcy Judges and Mag7 istrates Act of 1988; or

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

9 after attaining age 65 or on the basis of disabil10 ity, retires from regular active service under sec11 tion 178 of such title; and

12 ‘‘(12) a judge of the United States Tax Court ap13 pointed under section 7443(b) of the Internal Revenue

14 Code of 1986 who is retired from regular active serv15 ice under section 7447 thereof;’’.

16 (b) PROVISIONS RELATING TO TERMINATION.—

17 (1) BASIC COVERAGE AND OPTION B.—The sec18 ond sentence of section 8706(a) of title 5, United

19 States Code, and the second sentence of section

20 8714b(c)(1) of such title, are each amended by insert21 ing ‘‘, and any employee as defined in section

22 8701(a) (11) or (12),’’ before ‘‘are deemed’’.

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

24 8714c(c)(1) of title 5, United States Code, are each

25 amended by adding at the end the following: ‘‘Justices
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1 and judges of the United States described in section

2 8701(a)(5) (ii) and (iii) of this chapter, and any em3 ployee as defined in section 8701(a) (11) or (12), are

4 deemed to continue in active employment for purposes

5 of this chapter.’’.

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

7 title 5, United States Code, and the third sentence of section

8 8714b(c)(1) of such title, are repealed.

9 (d) APPLICABILITY.—

10 (1) IN GENERAL.—

11 (A) FUTURE RETIREMENTS.—Except as

12 provided in subparagraph (B) and paragraph

13 (2), nothing in this section or in any amend14 ment made by this section shall be considered to

15 affect the treatment under chapter 87 of title 5,

16 United States Code, of any individual whose

17 date of retirement (as described in any provision

18 of the amendment made by subsection (a)(2))

19 precedes the date of the enactment of this Act.

20 (B) LIMITED EXCEPTION.—

21 (i) APPLICABILITY.—This subpara22 graph shall apply to any individual—

23 (I) who retired (under any provi24 sion of law cited in the amendment

25 made by subsection (a)(2)) after July
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1 31, 1987, and before the date of the en2 actment of this Act;

3 (II) who would have been eligible

4 to have continued being treated (after

5 retiring) as an employee under chapter

6 87 of title 5, United States Code, had

7 the amendments made by this section

8 been in effect at the time of such indi9 vidual’s retirement; and

10 (III) who has remained continu11 ously covered under chapter 87 of title

12 5, United States Code, since retiring.

13 (ii) ELECTION.—Any individual de14 scribed in clause (i) may, upon appropriate

15 written application submitted within 12

16 months after the effective date of the regula17 tions under clause (iv), elect, for purposes of

18 chapter 87 of title 5, United States Code, to

19 be treated as if the amendments made this

20 section had been in effect at the time of such

21 individual’s retirement.

22 (iii) PROSPECTIVE EFFECT.—Nothing

23 in this subparagraph shall be considered to

24 permit or require any change in coverage or

25 any collection or repayment of contributions
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1 with respect to any period before the elec2 tion is made.

3 (iv) REGULATIONS.—The Office of Per4 sonnel Management shall prescribe such reg5 ulations as may be necessary to carry out

6 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 sec11 tion 8701(a)(5) (ii) and (iii) of title 5, United States

12 Code, and (B) with respect to the period after Decem13 ber 31, 1986, and before the date of the enactment of

14 this Act, be given the same effect as would have been

15 given to the corresponding prior provisions of title 5,

16 United States Code (as inserted pursuant to amend17 ments made by section 7(1) of Public Law 99-336),

18 had those prior provisions not been superseded by

19 amendments taking effect under Public Law 99-335.

20 SEC. 2. ASSIGNMENT AUTHORITY.

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

22 amended—

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

24 ‘‘employee or former employee’’;
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1 (2) by striking ‘‘judge’s’’ and inserting ‘‘employ2 ee’s or former employee’s’’; and

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

Amend the title so as to read: ‘‘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.’’.
Union Calendar No. 472

103D CONGRESS

2D SESSION H. R. 3297

[Report No. 103–855]

A BILL

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

ance Program to certain other judicial officials.under the Federal Employees Group Life Insurtreatment currently afforded to Federal judges

OCTOBER 7, 1994

Reported with amendments, committed to the Committee

dered to be printedof the Whole House on the State of the Union, and or-