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 pur-
poses.
IN THE HOUSE OF REPRESENTATIVES
APRIL 23, 1996
Mrs. MORELLA introduced the following bill; which was referred to the Com-
mittee 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 treat-
ment currently afforded to Federal judges under the
Federal Employees Group Life Insurance Program to
certain other judicial officials, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. EXTENSION OF TREATMENT TO OTHER JUDI-
CIAL OFFICIALS.
(a) DEFINITIONS.—Section 8701(a) of title 5, United
States Code, is amended—
(1) in paragraph (9) by striking ‘‘and’’ after
the semicolon; and
(2) by inserting after paragraph (10) and be-
fore ‘‘but does not include’’ the following:
‘‘(11) a judicial official within the meaning of—
‘‘(A) section 376(a)(1)(B) of title 28 who,
after attaining age 65 or on the basis of disabil-
ity, retires from regular active service under
section 373 of such title;
‘‘(B) section 376(a)(1)(C) of title 28 who,
after attaining age 65 or on the basis of disabil-
ity, retires from regular active service under
section 611 of such title;
‘‘(C) section 376(a)(1)(D) of title 28 who,
after attaining age 65 or on the basis of disabil-
ity, retires from regular active service under
section 627 of such title;
‘‘(D) section 376(a)(1)(E) of title 28 who,
after attaining age 65 or on the basis of disabil-
ity, retires from regular active service under
sections 611 and 677 of such title;
‘‘(E) section 376(a)(1)(F) of title 28 who,
after attaining age 65 or on the basis of disabil-
ity, retires from regular active service under
chapter 83 or 84 of this title, section 377 of
title 28, or section 2(c) of the Retirement and
Survivors’ Annuities for Bankruptcy Judges
and Magistrates Act of 1988; or
‘‘(F) section 376(a)(1)(G) of title 28 who,
after attaining age 65 or on the basis of disabil-
ity, retires from regular active service under
section 178 of such title; and
‘‘(12) a judge of the United States Tax Court
appointed under section 7443(b) of the Internal
Revenue Code of 1986 who is retired from regular
active service under section 7447 thereof;’’.
(b) PROVISIONS RELATING TO TERMINATION.—
(1) BASIC COVERAGE AND OPTION B.—The sec-
ond sentence of section 8706(a) of title 5, United
States Code, and the second sentence of section
8714b(c)(1) of such title, are each amended by in-
serting ‘‘, and any employee as defined in section
8701(a) (11) or (12),’’ before ‘‘are deemed’’.
(2) OPTIONS A AND C.—Sections 8714a(c)(1)
and 8714c(c)(1) of title 5, United States Code, are
each amended by adding at the end the following:
‘‘Justices and judges of the United States described
in section 8701(a)(5) (ii) and (iii) of this chapter,
and any employee as defined in section 8701(a) (11)
or (12), are deemed to continue in active employ-
ment for purposes of this chapter.’’.
(c) TECHNICAL AMENDMENTS.—Section 8714a(c)(3)
of title 5, United States Code, and the third sentence of
section 8714b(c)(1) of such title, are repealed.
(d) APPLICABILITY.—
(1) IN GENERAL.—
(A) FUTURE
RETIREMENTS.—Except as
provided in subparagraph (B) and paragraph
(2), nothing in this section or in any amend-
ment made by this section shall be considered
to affect the treatment under chapter 87 of title
5, United States Code, of any individual whose
date of retirement (as described in any provi-
sion of the amendment made by subsection
(a)(2)) precedes the date of the enactment of
this Act.
(B) LIMITED EXCEPTION.—
(i) APPLICABILITY.—This subpara-
graph shall apply to any individual—
(I) who retired (under any provi-
sion of law cited in the amendment
made by subsection (a)(2)) after July
31, 1987, and before the date of the
enactment of this Act;
(II) who would have been eligible
to have continued being treated (after
retiring) as an employee under chap-
ter 87 of title 5, United States Code,
had the amendments made by this
section been in effect at the time of
such individual’s retirement; and
(III) who has remained continu-
ously covered under chapter 87 of title
5, United States Code, since retiring.
(ii) ELECTION.—Any individual de-
scribed in clause (i) may, upon appropriate
written application submitted within 12
months after the effective date of the regu-
lations under clause (iv), elect, for pur-
poses of chapter 87 of title 5, United
States Code, to be treated as if the amend-
ments made by this section had been in ef-
fect at the time of such individual’s retire-
ment.
(iii) PROSPECTIVE EFFECT.—Nothing
in this subparagraph shall be considered to
permit or require any change in coverage
or any collection or repayment of contribu-
tions with respect to any period before the
election is made.
(iv) REGULATIONS.—The Office of
Personnel Management shall prescribe
such regulations as may be necessary to
carry out this subparagraph.
(2) RULE RELATING TO CERTAIN TECHNICAL
AMENDMENTS.—The provisions added by subsection
(b)(2) shall (A) to the extent that they relate to jus-
tices and judges of the United States described in
section 8701(a)(5) (ii) and (iii) of title 5, United
States Code, and (B) with respect to the period after
December 31, 1986, and before the date of the en-
actment of this Act, be given the same effect as
would have been given to the corresponding prior
provisions of title 5, United States Code (as inserted
pursuant to amendments made by section 7(1) of
Public Law 99–336), had those prior provisions not
been superseded by amendments taking effect under
Public Law 99–335.
SEC. 2. ASSIGNMENT AUTHORITY.
Section 8706(e) of title 5, United States Code, is
amended—
(1) by striking ‘‘Federal judge’’ and inserting
‘‘employee or former employee’’;
(2) by striking ‘‘judge’s’’ and inserting ‘‘em-
ployee’s or former employee’s’’; and
(3) by striking ‘‘purchase’’ and inserting ‘‘pur-
chased’’.
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