[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3295 Introduced in House (IH)]







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 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 23, 1996

 Mrs. Morella introduced the following bill; which was referred to the 
    Committee 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 treatment 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. EXTENSION OF TREATMENT TO OTHER JUDICIAL 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 before ``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 disability, 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 disability, 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 disability, 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 disability, 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 disability, 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 disability, 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 second 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 inserting ``, 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 employment 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 amendment 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 provision of 
                the amendment made by subsection (a)(2)) precedes the 
                date of the enactment of this Act.
                    (B) Limited exception.--
                            (i) Applicability.--This subparagraph shall 
                        apply to any individual--
                                    (I) who retired (under any 
                                provision 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 chapter 
                                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 continuously 
                                covered under chapter 87 of title 5, 
                                United States Code, since retiring.
                            (ii) Election.--Any individual described in 
                        clause (i) may, upon appropriate written 
                        application submitted within 12 months after 
                        the effective date of the regulations under 
                        clause (iv), elect, for purposes of chapter 87 
                        of title 5, United States Code, to be treated 
                        as if the amendments made by this section had 
                        been in effect at the time of such individual's 
                        retirement.
                            (iii) Prospective effect.--Nothing in this 
                        subparagraph shall be considered to permit or 
                        require any change in coverage or any 
                        collection or repayment of contributions 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 justices 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 enactment 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 ``employee's or 
        former employee's''; and
            (3) by striking ``purchase'' and inserting ``purchased''.
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