[Federal Register Volume 61, Number 93 (Monday, May 13, 1996)]
[Rules and Regulations]
[Page 21953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11864]



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OFFICE OF PERSONNEL MANAGEMENT
5 CFR Parts 831 and 842

RIN 3206-AG16


Retirement; Alternative Forms of Annuity

AGENCY: Office of Personnel Management.

ACTION: Final rule.

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SUMMARY: The Office of Personnel Management (OPM) is issuing final 
regulations on alternative forms of annuity. The regulations establish 
a new standard for determining what constitutes a critical medical 
condition and implement the changes made by the Omnibus Budget 
Reconciliation Act of 1993. Under this law the alternative form of 
annuity was repealed for employees whose annuities commence on or after 
October 1, 1994, except for employees who have a life-threatening 
affliction or other critical medical condition. The regulations also 
revise the list of critical medical conditions that are qualifying.

EFFECTIVE DATE: June 12, 1996.

FOR FURTHER INFORMATION CONTACT:
Harold L. Siegelman, (202) 606-0299.

SUPPLEMENTARY INFORMATION: On October 25, 1995, we published (at 60 FR 
54585) interim regulations on alternative forms of annuity to change 
the standard for determining what constitutes a critical medical 
condition. Our previous regulations used a 1-year-or-less life 
expectancy as the standard, but the interim regulations adopted a 2-
year-or-less standard. The interim regulations also make effective the 
previously proposed regulations (published on November 4, 1994, at 59 
FR 55211) on alternative forms of annuity (AFA) to implement the 
changes in sections 8343a and 8420a of title 5, United States Code, 
made by the Omnibus Budget Reconciliation Act of 1993, Pub. L. 103-66. 
The Act included a provision terminating this benefit for employees 
whose annuities commence on or after October 1, 1994, except for 
employees who have a life-threatening affliction or other critical 
medical condition. The interim regulations also made effective a 
revised list of critical medical conditions. This revised list was 
included in the 1994 general notice of proposed rulemaking. We received 
no comments on the interim regulations. We addressed the one comment 
that we received on the 1994 proposed regulations in the supplementary 
information section of the interim regulations.

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 Federal employees and agencies and retirement payments 
to retired Government employees and their survivors.

List of Subjects in 5 CFR Parts 831 and 842

    Administrative practice and procedure, Air traffic controllers, 
Claims, Disability benefits, Firefighters, Government employees, Income 
taxes, Intergovernmental relations, Law enforcement officers, Pensions, 
Reporting and recordkeeping requirements, Retirement.

Office of Personnel Management.
James B. King,
Director.

    Accordingly, under authority of 5 U.S.C. 8347 and 8467, OPM is 
adopting its interim rules amending 5 CFR parts 831 and 842, published 
on October 25, 1995, at 60 FR 54585, as final rules without change.

[FR Doc. 96-11864 Filed 5-10-96; 8:45 am]
BILLING CODE 6325-01-M