[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2648 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 2648

  To amend title 5, United States Code, to ensure the availability of 
Federal health insurance, life insurance, and retirement benefits with 
     respect to certain Federal employees serving under temporary 
                             appointments.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 15, 1993

 Mr. McCloskey (for himself, Ms. Norton, Mrs. Mink, Mrs. Morella, Mr. 
Moran, Mrs. Schroeder, Mrs. Unsoeld, Mr. Dicks, Mr. Jacobs, Mr. Towns, 
Mr. Sanders, Mr. Johnson of South Dakota, and Mr. Williams) introduced 
the following bill; which was referred to the Committee on Post Office 
                           and Civil Service

_______________________________________________________________________

                                 A BILL


 
  To amend title 5, United States Code, to ensure the availability of 
Federal health insurance, life insurance, and retirement benefits with 
     respect to certain Federal employees serving under temporary 
                             appointments.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``James Hudson 
Temporary Employee Equity Act of 1993''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

                           TABLE OF CONTENTS

Sec. 1. Short title; table of contents.
Sec. 2. Health benefits.
Sec. 3. Life insurance.
Sec. 4. Retirement.
Sec. 5. Procedures for determining aggregate service.
Sec. 6. Effective date; special rules; regulations.

SEC. 2. HEALTH BENEFITS.

    (a) Non-excludability of Certain Temporary Employees.--Paragraph 
(4) of section 8913(b) of title 5, United States Code, is amended to 
read as follows:
            ``(4) a temporary employee who--
                    ``(A) is eligible for benefits under this chapter 
                under section 8906a; or
                    ``(B) in the aggregate, has completed 4 years of 
                service as a temporary employee (in the same or 
                different positions), as determined under chapter 
                90.''.
    (b) Decrease in Minimum Period of Service Required To Be Eligible 
for Coverage.--
            (1) In general.--Section 8906a(a)(2) of title 5, United 
        States Code, is amended by striking ``1 year'' and inserting 
        ``6 months''.
            (2) Technical amendment.--Section 8906a of title 5, United 
        States Code, is amended by adding at the end the following:
    ``(c) Nothing in this section shall be considered to apply with 
respect to any temporary employee described in section 
8913(b)(4)(B).''.

SEC. 3. LIFE INSURANCE.

    (a) Non-excludability of Certain Temporary Employees.--Section 
8716(b) of title 5, United States Code, is amended--
            (1) by striking ``or'' at the end of paragraph (2);
            (2) by striking ``3401(2) of this title).'' at the end of 
        paragraph (3) and inserting ``3401(2)); or''; and
            (3) by adding at the end the following:
            ``(4) a temporary employee who--
                    ``(A) is eligible to be insured under this chapter 
                under section 8709a; or
                    ``(B) in the aggregate, has completed 4 years of 
                service as a temporary employee (in the same or 
                different positions), as determined under chapter 
                90.''.
    (b) Minimum Period of Service Required to Be Insured.--
            (1) In general.--Chapter 87 of title 5, United States Code, 
        is amended by inserting after section 8709 the following:
``Sec. 8709a. Temporary employees
    ``(a)(1) The Office of Personnel Management shall prescribe 
regulations under which temporary employees meeting the requirements of 
paragraph (2) shall be eligible for insurance under this chapter.
    ``(2) To be eligible for insurance under this chapter, a temporary 
employee must have completed 6 months of current continuous employment, 
excluding any break in service of 5 days or less.
    ``(b) Notwithstanding any provision of section 8707 or 8708--
            ``(1) during each period in which a temporary employee is 
        insured under a policy purchased by the Office under section 
        8709, based on such employee's meeting the requirements for 
        eligibility under subsection (a), there shall be withheld from 
        the employee's pay an amount equal to the withholdings required 
        under section 8707 and the Government contribution required 
        under section 8708 in connection with the employee's group life 
        insurance and accidental death and dismemberment insurance; and
            ``(2) the employing agency of the employee shall not pay 
        the Government contribution under section 8708 for such 
        employee for any period referred to in paragraph (1).
    ``(c) Nothing in this section shall be considered to apply with 
respect to any temporary employee described in section 
8716(b)(4)(B).''.
            (2) Conforming amendment.--The table of sections for 
        chapter 87 of title 5, United States Code, is amended by 
        inserting after the item relating to section 8709 the 
        following:

``8709a. Temporary employees.''.

SEC. 4. RETIREMENT.

    (a) Civil Service Retirement System.--The second sentence of 
section 8347(g) of title 5, United States Code, is amended by striking 
``3401(2) of this title).'' and inserting ``3401(2)) or any temporary 
employee who, in the aggregate, has completed 4 years of service as a 
temporary employee (in the same or different positions), as determined 
under chapter 90.''.
    (b) Federal Employees' Retirement System.--Section 8402(c)(1) of 
title 5, United States Code, is amended by striking ``3401(2)).'' and 
inserting ``3401(2)) or a temporary employee who, in the aggregate, has 
completed 4 years of service as a temporary employee (in the same or 
different positions), as determined under chapter 90.''.

SEC. 5. PROCEDURES FOR DETERMINING AGGREGATE SERVICE.

    (a) In General.--Subpart G of part III of title 5, United States 
Code, is amended by adding at the end the following:

                   ``CHAPTER 90--TEMPORARY EMPLOYMENT

``Sec.
``9001. Definitions; applicability.
``9002. Regulations.
``Sec. 9001. Definitions; applicability
    ``(a) For the purpose of this chapter--
            ``(1) the term `service performed as a temporary employee' 
        means, with respect to a benefit, service performed as a 
        temporary employee which is creditable for purposes of 
        determining eligibility for such benefit; and
            ``(2) the terms `eligible' and `eligibility', as used with 
        respect to a benefit, include being eligible or having 
        eligibility by virtue of satisfying the requirements for being 
        considered a non-excludable employee for purposes of such 
        benefit.
    ``(b) This chapter applies with respect to any benefit, eligibility 
for which is based on the completion, in the aggregate, of at least a 
certain amount of service as a temporary employee (in the same or 
different positions), but only if the provisions of this chapter are 
specifically cited as the means for determining whether that service 
requirement has been met.
``Sec. 9002. Regulations
    ``(a) The Office of Personnel Management shall prescribe 
regulations for determining, for purposes of any benefit with respect 
to which this chapter applies, whether an employee satisfies the 
service requirement necessary to be eligible for such benefit.
    ``(b) The regulations shall accomplish at least the following:
            ``(1) Establish procedures setting forth the time, form, 
        and manner in which a temporary employee may apply for any 
        benefit with respect to which this chapter applies, including 
        provisions relating to any documentation or other supporting 
        evidence which may be necessary to establish that the service 
        requirement has been met.
            ``(2) Require agencies to take such measures, both on an 
        intraagency and interagency basis, as may be necessary to allow 
        current or prospective temporary employees to readily 
        ascertain, and obtain supporting evidence as to, the aggregate 
        amount of temporary service such employee has performed in any 
        agency.
            ``(3) Require agencies to take appropriate measures to 
        ensure that temporary employees are notified as to--
                    ``(A) any benefits for which they may be eligible 
                by virtue of the amendments made by the James Hudson 
                Temporary Employee Equity Act of 1993, and the 
                procedures for establishing eligibility (if 
                appropriate); and
                    ``(B) any resources or assistance which may be 
                available to them in connection with obtaining those 
                benefits.
            ``(4) Establish procedures to ensure that applications are 
        considered, and that final decisions on applications are 
        rendered, in the most expeditious manner possible.
            ``(5) Consistent with applicable provisions of law, specify 
        the time and manner in which a benefit begins or becomes 
        available if a favorable decision under paragraph (4) is 
        rendered.''.
    (b) Technical and Conforming Amendment.--The analysis for part III 
of title 5, United States Code, is amended by inserting after the item 
relating to chapter 89 the following:

``90. Temporary Employment..................................    9001''.

SEC. 6. EFFECTIVE DATE; SPECIAL RULES; REGULATIONS.

    (a) Effective Date.--The amendments made by this Act shall take 
effect as of the 90th day after the date of the enactment of this Act, 
subject to subsection (b).
    (b) Special Rules.--
            (1) Contributions to fehbp.--In the case of a temporary 
        employee who, immediately before the effective date under 
        subsection (a), is contributing to the Employees Health 
        Benefits Fund under section 8906a of title 5, United States 
        Code, any change in the contributions payable by or on behalf 
        of such employee into such fund as a result of the amendments 
        made by section 2 shall become effective as of the first 
        applicable pay period beginning on or after such date.
            (2) Creditability of prior service.--
                    (A) In general.--Subject to subparagraph (B), in 
                administering the amendments made by this Act, service 
                may be taken into account whether performed before, on, 
                or after the date of the enactment of this Act.
                    (B) Retirement.--For purposes of the amendments 
                made by section 4, any service performed as a temporary 
                employee before the effective date under subsection (a) 
                which, but for such section, would otherwise be 
                excluded from the operation of the retirement system 
                involved, may not be taken into account except for 
                purposes of determining whether or not an employee may 
                be excluded under section 8347(g) or 8402(c)(1) of 
                title 5, United States Code, as applicable.
    (c) Regulations.--Any regulations necessary to carry out the 
amendments made by this Act shall be prescribed by the Office of 
Personnel Management not later than the effective date under subsection 
(a).

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