[Federal Register Volume 63, Number 37 (Wednesday, February 25, 1998)]
[Rules and Regulations]
[Pages 9401-9402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-4781]



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 Rules and Regulations
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  Federal Register / Vol. 63, No. 37 / Wednesday, February 25, 1998 / 
Rules and Regulations  

[[Page 9401]]


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OFFICE OF PERSONNEL MANAGEMENT

5 CFR Parts 831, 842, 870, and 890

RIN 3206-AI12


Retirement and Insurance--Exemption From Continuity of Coverage 
Requirements for Certain Decennial Census Employees With Dual 
Appointments

AGENCY: Office of Personnel Management.

ACTION: Final rule.

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SUMMARY: The Office of Personnel Management (OPM) is issuing final 
regulations to provide an exemption from continuity of coverage 
requirements for Federal retirement, health insurance, and life 
insurance benefits, for certain Federal employees who accept a second 
appointment to perform intermittent decennial census duties. The 
purpose of this exemption is to facilitate hiring Federal employees for 
the decennial census by eliminating administrative complexities that 
would otherwise result under current regulations. Employees will retain 
the retirement and insurance benefits to which they are entitled under 
their primary Federal jobs, while earning additional wages in their 
second jobs with the Census Bureau.

EFFECTIVE DATE: March 27, 1998.

FOR FURTHER INFORMATION CONTACT: For Parts 831 and 842: Robert 
Girouard, (202) 606-0299; and for Parts 870 and 890: Karen Leibach, 
(202) 606-0004.

SUPPLEMENTARY INFORMATION: On December 24, 1997, we published (at 62 FR 
67295) a proposed rule to provide an exemption from continuity of 
coverage requirements for Federal retirement, health insurance, and 
life insurance benefits, for certain Federal employees who accept a 
second appointment to perform intermittent decennial census duties. We 
received no comments on the proposed rule.
    Continuity of coverage rules for retirement and insurance make it 
difficult for the Bureau of the Census, U.S. Department of Commerce 
(``Census Bureau'') to hire Federal employees for second appointments. 
While each Federal employee retains benefit coverage under his or her 
primary position with little or no additional benefits accruing from 
the intermittent Census employment, the Census Bureau would be required 
to coordinate closely with each employee's agency to determine the 
amount of additional retirement deductions and insurance premiums that 
would have to be withheld as a result of continuity of coverage. The 
administrative complexities resulting from week by week coordination 
with the employee's primary agency would be highly susceptible to error 
and would make large-scale hiring from the pool of Federal employees 
administratively prohibitive. Placing Federal employees hired to 
perform short term decennial census service on the same benefit footing 
as persons hired from outside the Government will significantly reduce 
the coordination burden, and assist the Census Bureau in meeting its 
unique staffing requirements. Accordingly, we are amending the 
continuity of coverage rules to exempt Federal employees hired by the 
Census Bureau under temporary, intermittent appointments to perform 
decennial census duties.

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 retirement and insurance benefits of Government 
employees.

Executive Order 12866, Regulatory Review

    This rule has been reviewed by the Office of Management and Budget 
in accordance with Executive Order 12866.

List of Subjects

5 CFR Parts 831 and 842

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

5 CFR Part 870

    Administrative practice and procedure, Government employees, 
Hostages, Iraq, Kuwait, Lebanon, Life insurance, Retirement.

5 CFR Part 890

    Administrative practice and procedure, Government employees, Health 
facilities, Health insurance, Health professions, Hostages, Iraq, 
Kuwait, Lebanon, Reporting and recordkeeping requirements, Retirement.

Office of Personnel Management.
Janice R. Lachance,
Director.

    Accordingly, OPM is amending Title 5 of the Code of Federal 
Regulations as follows:

PART 831--RETIREMENT

    1. The authority citation for part 831 is revised to read as 
follows:

    Authority: 5 U.S.C. 8347; Sec. 831.102 also issued under 5 
U.S.C. 8334; Sec. 831.106 also issued under 5 U.S.C. 552a; 
Sec. 831.108 also issued under 5 U.S.C. 8336(d)(2); 
Sec. 831.201(b)(1) also issued under 5 U.S.C. 8347(g); 
Sec. 831.201(b)(6) also issued under 5 U.S.C. 7701(b)(2); 
Sec. 831.201(g) also issued under sections 11202(f), 11232(e), and 
11246(b) of Pub. L. 105-33, 111 Stat. 251; Sec. 831.204 also issued 
under section 102(e) of Pub. L. 104-8, 109 Stat. 102, as amended by 
section 153 of Pub. L. 104-134, 110 Stat. 1321; Sec. 831.303 also 
issued under 5 U.S.C. 8334(d)(2); Sec. 831.502 also issued under 5 
U.S.C. 8337; Sec. 831.502 also issued under section 1(3), E.O. 
11228, 3 CFR 1964-1965 Comp.; Sec. 831.663 also issued under 5 
U.S.C. 8339(j) and (k)(2); Secs. 831.663 and 831.664 also issued 
under section 11004(c)(2) of Pub. L. 103-66, 107 Stat. 412; 
Sec. 831.682 also issued under section 201(d) of Pub. L. 99-251, 100 
Stat. 23; subpart S also issued under 5 U.S.C. 8345(k); subpart V 
also issued under 5 U.S.C. 8343a and section 6001 of Pub. L. 100-
203, 101 Stat. 1330-275; Sec. 831.2203 also issued under section 
7001(a)(4) of Pub. L. 101-508, 104 Stat. 1388-328.

Subpart B--Coverage

    2. In Sec. 831.201, paragraph (b)(1) is revised to read as follows:


Sec. 831.201  Exclusions from retirement coverage.

* * * * *
    (b) * * *

[[Page 9402]]

    (1) Employment in an excluded category follows employment subject 
to subchapter III of chapter 83 of title 5, United States Code, without 
a break in service or after a separation from service of 3 days or 
less, except in the case of:
    (i) An alien employee whose duty station is located in a foreign 
country; or
    (ii) An employee hired by the Census Bureau under a temporary, 
intermittent appointment to perform decennial census duties.
* * * * *

PART 842--FEDERAL EMPLOYEES RETIREMENT SYSTEM--BASIC ANNUITY

    3. The authority citation for part 842 is revised to read as 
follows:

    Authority: 5 U.S.C. 8461(g); Secs. 842.104 and 842.106 also 
issued under 5 U.S.C. 8461(n); Sec. 842.105 also issued under 5 
U.S.C. 8402(c)(1) and 7701(b)(2); Sec. 842.106 also issued under 
section 102(e) of Pub. L. 104-8, 109 Stat. 102, as amended by 
section 153 of Pub. L. 104-134, 110 Stat. 1321; Sec. 842.107 also 
issued under sections 11202(f), 11232(e), and 11246(b) of Pub. L. 
105-33, 111 Stat. 251; Secs. 842.604 and 842.611 also issued under 5 
U.S.C. 8417; Sec. 842.607 also issued under 5 U.S.C. 8416 and 8417; 
Sec. 842.614 also issued under 5 U.S.C. 8419; Sec. 842.615 also 
issued under 5 U.S.C. 8418; Sec. 842.703 also issued under section 
7001(a)(4) of Pub. L. 101-508; Sec. 842.707 also issued under 
section 6001 of Pub. L. 100-203; Sec. 842.708 also issued under 
section 4005 of Pub. L. 101-239 and section 7001 of Pub. L. 101-508; 
subpart H also issued under 5 U.S.C. 1104.

Subpart A--Coverage

    4. In Sec. 842.105, paragraph (b) is revised to read as follows:


Sec. 842.105  Regulatory exclusions.

* * * * *
    (b) When an employee who is covered by FERS moves to a position 
listed in paragraph (a) of this section without a break in service or 
after a separation of 3 days or less, his or her FERS coverage will 
continue, except in the case of an employee hired by the Census Bureau 
under a temporary, intermittent appointment to perform decennial census 
duties.
* * * * *

PART 870--FEDERAL EMPLOYEES' GROUP LIFE INSURANCE PROGRAM

    5. The authority citation for part 870 is revised to read as 
follows:

    Authority: 5 U.S.C. 8716; subpart J also issued under sec. 599C 
of Pub. L. 101-513, 104 Stat. 2064, as amended; Sec. 870.302 also 
issued under sections 11202(f), 11232(e), and 11246(b) and (c) of 
Pub. L. 105-33, 111 Stat. 251.

    6. In Sec. 870.301, add paragraph (c) to read as follows:


Sec. 870.301  Eligibility for life insurance.

* * * * *
    (c) Notwithstanding any other provision in this part, the hiring of 
a Federal employee, whether in pay status or nonpay status, for a 
temporary, intermittent position with the decennial census has no 
effect on the amount of his/her Basic or Option B insurance, the 
withholdings or Government contribution for his/her insurance, or the 
determination of when 12 months in nonpay status ends.

PART 890--FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM

    7. The authority citation for part 890 continues to read as 
follows:

    Authority: 5 U.S.C. 8913; Sec. 890.803 also issued under 50 
U.S.C. 403p, 22 U.S.C. 4069c and 4069c-1; subpart L also issued 
under sec. 599C of Pub. L. 101-513, 104 Stat. 2064, as amended; 
Sec. 890.102 also issued under sections 11202(f), 11232(e), and 
11246(b) and (c) of Pub. L. 105-33, 111 Stat. 251.

    8. In Sec. 890.102, paragraph (g) is added to read as follows:


Sec. 890.102  Coverage.

* * * * *
    (g) Notwithstanding any other provision in this part, the hiring of 
a Federal employee, whether in pay status or nonpay status, for a 
temporary, intermittent position with the decennial census has no 
effect on the withholding or Government contribution for his/her 
coverage or the determination of when 365 days in nonpay status ends.
[FR Doc. 98-4781 Filed 2-24-98; 8:45 am]
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