[Federal Register Volume 64, Number 61 (Wednesday, March 31, 1999)]
[Rules and Regulations]
[Pages 15286-15290]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-7871]


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OFFICE OF PERSONNEL MANAGEMENT

5 CFR Parts 831, 837, 842, 846, 870, and 890

RIN 3206-AI55


Retirement, Health, and Life Insurance Coverage for Certain 
Employees of the District of Columbia under the District of Columbia 
Courts and Justice Technical Corrections Act of 1998

AGENCY: Office of Personnel Management.

ACTION: Interim rule with request for comments.

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SUMMARY: The Office of Personnel Management is issuing interim 
regulations to implement the District of Columbia Courts and Justice 
Technical Corrections Act of 1998. The effect of these regulations is 
to extend Federal retirement, health insurance, and life insurance 
coverage to employees of the Public Defender Service of the District of 
Columbia under section 7 of the Act, and to exclude certain former 
employees of the District of Columbia who are hired by the Department 
of Justice or by the Court Services and Offender Supervision Agency 
from Federal retirement coverage if they elect, under section 3 of the 
Act, to continue their coverage under a retirement system for employees 
of the District of Columbia.

DATES: Interim rules effective March 31, 1999; comments must be 
received on or before June 29, 1999.

ADDRESSES: Send comments to Mary Ellen Wilson, Retirement Policy 
Division, Office of Personnel Management, P.O. Box 57, Washington, DC 
20044; or deliver to OPM, Room 4351, 1900 E Street, NW., Washington DC. 
Comments may also be submitted by electronic mail to [email protected].

FOR FURTHER INFORMATION CONTACT: For Parts 831, 837, 842, and 846: 
Robert Girouard, (202) 606-0299; and for Parts 870 and 890: Karen 
Leibach, (202) 606-0004.

SUPPLEMENTARY INFORMATION:

1. Background

    The National Capital Revitalization and Self-Government Improvement 
Act of 1997 (the 1997 Act), title XI of Public Law 105-33, 111 Stat. 
251 (August 5, 1997) provided for transfers of certain functions and 
liabilities from the government of the District of Columbia (DC) to the 
Federal Government.
    Section 11201 of the 1997 Act provided for transfer of 
incarceration functions from the Lorton Correctional Complex, D.C. 
Department of Corrections, to the Bureau of Prisons, Department of 
Justice. Section 11202 established a Corrections Trustee to oversee the 
finances of the DC Department of Corrections during this transfer. 
Section 11232 established a Pretrial Services, Defense Services, 
Parole, Adult Probation and Offender Supervision Trustee to manage the 
reorganization and transfer of the DC government's pretrial services, 
parole, adult probation, and offender supervision functions and 
funding.
    The 1997 Act provided that a former Federal employee who, after a 
break in service of 3 days or less, is appointed as a Trustee under 
section 11202 or section 11232, or who becomes employed by the Trustee, 
shall be treated as a Federal employee for purposes of chapter 83 
(Civil Service Retirement System-- CSRS); chapter 84 (Federal Employees 
Retirement System--FERS); chapter 87 (Federal Employees' Group Life 
Insurance Program--FEGLI); and chapter 89 (Federal Employees Health 
Benefits program--FEHB) of title 5, United States Code.
    Section 11233 of the 1997 Act provided for an Offender Supervision, 
Defender, and Court Services Agency to be established during the period 
beginning August 5, 1998 and ending August 5, 2000 to supervise 
offenders on probation, parole, and supervised release pursuant to the 
DC Code, subject to a certification that the Agency is ready to assume 
its duties.
    Section 11246 of the 1997 Act provided for nonjudicial employees of 
the DC courts to be treated as Federal employees for purposes of 
chapters 81 (relating to compensation for work injuries), 83, 84, 87, 
and 89 of title 5, United States Code, and for judicial employees of 
the D.C. courts to be treated as Federal employees only for purposes of 
chapters 81, 87, and 89 of title 5. On September 30, 1997, OPM 
published interim regulations (at 62 FR 50995) to implement the 
retirement, health insurance, and life insurance provisions of the 1997 
Act.
    The District of Columbia Courts and Justice Technical Corrections 
Act of 1998 (the 1998 Act), Public Law 105-274, 112 Stat. 2419, was 
enacted on October 21, 1998. The 1998 Act made technical changes to the 
1997 Act, extended Federal employee benefits to additional groups of DC 
government employees, and provided certain former DC Government 
employees who work for the Federal Government with the opportunity to 
continue their DC government benefits. OPM is issuing interim 
regulations to implement sections 3, 7(b), 7(c), and 7(e) of the 1998 
Act.

2. Renaming of Agencies That Affects These Regulations

    Section 7(b) and 7(c) of the 1998 Act changes the names of two 
agencies established by the 1997 Act. The former ``Pretrial Services, 
Defense Services, Parole, Adult Probation and Offender Supervision 
Trustee'' is now known as the ``Pretrial Services, Parole, Adult 
Probation and Offender Supervision Trustee,'' and the former ``Offender 
Supervision, Defender, and Court Services Agency'' is now known as the 
``Court Services and Offender Supervision Agency.'' OPM is making 
technical revisions to sections 831.201, 842.107, 870.302, and 890.102 
of Title 5, Code of Federal Regulations to implement these changes.

3. Retirement and Insurance Provisions for Certain Employees of the 
Department of Justice and the Court Services and Offender 
Supervision Agency

    Section 3 of the 1998 Act provides that a former employee of the 
District of

[[Page 15287]]

Columbia who is hired by the Department of Justice or by the Court 
Services and Offender Supervision Agency may elect to retain retirement 
coverage under a retirement system for employees of the District of 
Columbia. Employees are eligible to make this election only if they 
were hired by the Department of Justice or by the Court Services and 
Offender Supervision Agency during the period beginning August 5, 1997, 
and ending on the later of 2 dates: (1) one year after the date on 
which the Lorton Correctional Complex is closed, or (2) one year after 
the date on which the Court Services and Offender Supervision Agency 
assumes its duties.
    The election to participate in the District of Columbia's 
retirement system must occur no later than June 1, 1999 or 60 days 
after the date of the Federal appointment, whichever is later. The 
election remains in effect until the employee leaves the Department of 
Justice or the Court Services and Offender Supervision Agency.
    Note that under section 11232(h) of the 1997 Act, the Court 
Services and Offender Supervision Agency cannot be established, and, by 
extension, cannot make any Federal appointments, until the Pretrial 
Services, Parole, Adult Probation and Offender Supervision Trustee 
certifies that the Agency is ready to assume its duties.
    OPM is adding new sections 831.201(i) and 842.104(g) to Title 5, 
Code of Federal Regulations to exclude employees from CSRS and FERS who 
elect to retain coverage under a retirement system for employees of the 
District of Columbia. An employee who transfers from the DC government 
to a Federal Government position covered by CSRS or FERS will initially 
be placed under CSRS, CSRS-Offset, or FERS, as appropriate. If the 
employee subsequently elects to retain D.C. government retirement 
coverage within 60 days of appointment, the employee will be removed 
from CSRS, CSRS-Offset, or FERS and placed under a retirement plan for 
employees of the DC government, retroactive to the date of appointment.
    OPM is required by section 3 of the 1998 Act to consult with the 
Department of Justice, the government of the District of Columbia, and 
the Court Services and Offender Supervision Agency prior to issuing 
regulations that implement section 3. OPM consulted with the Department 
of Justice, the Public Defender Service of the District of Columbia, 
and the Office of Personnel of the District of Columbia, and received 
their concurrence prior to issuing these regulations. Because the Court 
Services and Offender Supervision Agency does not yet exist, OPM 
consulted with its statutory predecessor, the Pretrial Services, 
Parole, Adult Probation and Offender Supervision Trustee, and received 
its concurrence prior to issuing these regulations.

4. Retirement and Insurance Provisions for the Public Defender 
Service of the District of Columbia

    Sec. 7(e) of the 1998 Act provides that employees of the Public 
Defender Service of the District of Columbia are to be treated as 
Federal employees for purposes of chapters 81, 83, 84, 87, and 89 of 
title 5, United States Code, beginning the first month after the 
effective date of these regulations. OPM is revising section 831.201(g) 
of Title 5, Code of Federal Regulations to provide CSRS coverage to 
eligible employees of the Public Defender Service, and is adding a new 
section 842.108 to provide FERS coverage to eligible employees of the 
Public Defender Service. OPM is also revising section 846.201(d) to 
provide employees of the Public Defender Service who are automatically 
placed under CSRS or CSRS-Offset with an election opportunity to 
transfer to FERS.
    OPM is also making technical and conforming revisions to sections 
837.101 and 837.102 of Title 5, Code of Federal Regulations, concerning 
reemployment of annuitants.
    OPM is revising sections 870.302 and 890.102 to show that employees 
of the Public Defender Service of the District of Columbia are no 
longer excluded from coverage under the Federal Employees' Group Life 
Insurance and Federal Employees Health Benefits Programs.

Waiver of General Notice of Proposed Rulemaking

    Under section 553(b)(3)(B) and (d)(3) of title 5, United States 
Code, I find that good cause exists for waiving the general notice of 
proposed rulemaking and for making these rules effective in less than 
30 days. These regulations will affect the retirement and insurance 
coverage of employees of the Public Defender Service of the District of 
Columbia on and after April 1, 1999, and the retirement coverage of 
certain employees of the Department of Justice and the Court Services 
and Offender Supervision Agency after March 31, 1999. Publication of a 
general notice on proposed rulemaking would be contrary to the public 
interest because it would delay the commencement of Federal retirement 
and insurance benefits for employees of the Public Defender Service of 
the District of Columbia, and because it would delay the opportunity 
for former employees of the District of Columbia who are appointed in 
Federal positions by the Department of Justice or by the Court Services 
and Offender Supervision Agency to elect to continue their coverage 
under a retirement system for employees of the District of Columbia.

Regulatory Flexibility Act

    I certify that this regulation will not have a significant economic 
impact on a substantial number of small entities because it only 
affects retirement and insurance benefits for certain employees of the 
Federal Government and the District of Columbia, and their survivors.

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, 837, 842, and 846

    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 amends Parts 831, 837, 842, 846, 870, and 890 of 
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. 831.114

[[Page 15288]]

also issued under 5 U.S.C. 8336(d)(2) and section 7001 of Pub. L. 
105-174, 112 Stat. 58; 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. 831.201(g) also 
issued under sections 7(b) and 7(e) of Pub. L. 105-274, 112 Stat. 
2419; Sec. 831.201(i) also issued under sections 3 and 7(c) of Pub. 
L. 105-274, 112 Stat. 2419; 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. p. 317; 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 
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. Amend Sec. 831.201 to redesignate paragraphs (g)(3) through 
(g)(5) as paragraphs (g)(4) through (g)(6) respectively; revise new 
paragraph (g)(5); and add new paragraphs (g)(3) and (i) to read as 
follows:


Sec. 831.201  Exclusions from retirement coverage.

* * * * *
    (g) * * *
    (3) Effective on and after April 1, 1999, the effective date of 
section 7(e) of Pub. L. 105-274, 112 Stat. 2419, employees of the 
Public Defender Service of the District of Columbia employed in a 
position which is not excluded from CSRS under the provisions of this 
section;
* * * * *
    (5) The District of Columbia Pretrial Services, Parole, Adult 
Probation and Offender Supervision Trustee, authorized by section 11232 
of Pub. L. 105-33, 111 Stat. 251, as amended by section 7(b) of Pub. L. 
105-274, 112 Stat. 2419, and an employee of the Trustee, if the Trustee 
or employee is a former Federal employee appointed with a break in 
service of 3 days or less, and, in the case of an employee of the 
Trustee, is employed in a position which is not excluded from CSRS 
under the provisions of this section, and;
* * * * *
    (i)(1) A former employee of the District of Columbia who is 
appointed in a Federal position by the Department of Justice, or by the 
Court Services and Offender Supervision Agency established by section 
11233(a) of Pub. L. 105-33, 111 Stat. 251, as amended by section 7(c) 
of Pub. L. 105-274, 112 Stat. 2419, is excluded from CSRS beginning on 
the date of the Federal appointment, if the employee elects to continue 
coverage under a retirement system for employees of the District of 
Columbia under section 3 of Pub. L. 105-274, 112 Stat. 2419, and if the 
following conditions are met:
    (i) The employee is hired by the Department of Justice or by the 
Court Services and Offender Supervision Agency during the period 
beginning August 5, 1997, and ending 1 year after the date on which the 
Lorton Correctional Complex is closed, or 1 year after the date on 
which the Court Services and Offender Supervision Agency assumes its 
duties, whichever is later; and
    (ii) The employee elects to continue coverage under a retirement 
system for employees of the District of Columbia no later than June 1, 
1999 or 60 days after the date of the Federal appointment, whichever is 
later.
    (2) An individual's election to continue coverage under a 
retirement system for employees of the District of Columbia remains in 
effect until the individual separates from service with the Department 
of Justice or the Court Services and Offender Supervision Agency.

PART 837--REEMPLOYMENT OF ANNUITANTS

    3. The authority citation for part 837 continues to read as 
follows:

    Authority: 5 U.S.C. 8337, 8344, 8347, 8455, 8456, 8461, and 
8468; and sec. 302, Pub. L. 99-335, 100 Stat. 514, as amended by 
Title I, sec. 134(a), Pub. L. 100-238, 101 Stat. 1762; Title V, sec. 
529 [Title I, sec. 108(c)], Pub. L. 101-509, 104 Stat. 1427, 1450; 
Div. A, Title XII, sec. 1206(j)(3), Pub. L. 101-510, 104 Stat. 1664; 
Div. A., Title VI, sec. 655(c), Pub. L. 102-190, 105 Stat. 1392; 
sec. 8(a), Pub. L. 102-378, 106 Stat. 1359.

Subpart A--General Provisions

    4. In Sec. 837.101, paragraph (a)(2) is revised to read as follows:


Sec. 837.101  Applicability.

    (a) * * *
    (2) Reemployment of an annuitant by the government of the District 
of Columbia when the annuitant--
    (i) Had been employed subject to CSRS by the District of Columbia 
prior to October 1, 1987;
    (ii) Is an employee of the government of the District of Columbia 
not excluded from CSRS under Sec. 831.201(g) or Sec. 831.201(i); or
    (iii) Is an employee of the District of Columbia who is deemed to 
be a Federal employee for FERS purposes under Sec. 842.107 or 
Sec. 842.108 of this chapter; and
* * * * *
    5. In Sec. 837.102, revise the definition of Reemployed to read as 
follows:


Sec. 837.102  Definitions.

* * * * *
    Reemployed means reemployed in an appointive or elective position 
with the Federal Government, or reemployed in an appointive or elective 
position with the District of Columbia (when the annuitant was first 
employed subject to CSRS by the District of Columbia before October 1, 
1987, or is an employee of the government of the District of Columbia 
not excluded from CSRS under Sec. 831.201(g) or Sec. 831.201(i) of this 
chapter, or is an employee of the government of the District of 
Columbia who is deemed to be a Federal employee for FERS purposes under 
Sec. 842.107 or Sec. 842.108 of this chapter), whether the position is 
subject to CSRS, FERS, or another retirement system, but does not 
include appointment as a Governor of the Board of Governors of the 
United States Postal Service, or reemployment under the provisions of 
law that exclude offset of pay by annuity, that is, sections 8344(i), 
(j), or (k), or 8468(f), (g), or (h) of title 5, United States Code.
* * * * *

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

    6. The authority citation for section 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. 842.104 also issued under 
sections 3 and 7(c) of Pub. L. 105-274, 112 Stat. 2419; 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; Sec. 842.107 also issued 
under section 7(b) of Pub. L. 105-274, 112 Stat. 2419; Sec. 842.108 
also issued under section 7(e) of Pub. L. 105-274, 112 Stat. 2419; 
Sec. 842.205 also issued under 5 U.S.C. 8414(b)(1)(B); Sec. 842.213 
also issued under 5 U.S.C. 8414(b)(1)(B) and section 7001 of Pub. L. 
105-174, 112 Stat. 58; 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, 104 Stat. 1388; Sec. 842.707 also 
issued under section 6001 of Pub. L. 100-203, 101 Stat. 1300; 
Sec. 842.708 also issued under section

[[Page 15289]]

4005 of Pub. L. 101-239, 103 Stat. 2106 and section 7001 of Pub. L. 
101-508, 104 Stat. 1388; subpart H also issued under 5 U.S.C. 1104.

Subpart A--Coverage

    7. In Sec. 842.104, add paragraph (g) to read as follows:


Sec. 842.104  Statutory exclusions.

* * * * *
    (g) Certain Federal employees who elect to continue coverage under 
a retirement system for employees of the District of Columbia.
    (1) A former employee of the District of Columbia who is appointed 
in a Federal position by the Department of Justice, or by the Court 
Services and Offender Supervision Agency established by section 
11233(a) of Pub. L. 105-33, 111 Stat. 251, as amended by section 7(c) 
of Pub. L. 105-274, 112 Stat. 2419, is excluded from FERS coverage 
beginning on the date of the Federal appointment, if the employee 
elects to continue coverage under a retirement system for employees of 
the District of Columbia under section 3 of Pub. L. 105-274, 112 Stat. 
2419, and if the following conditions are met:
    (i) The employee is hired by the Department of Justice or by the 
Court Services and Offender Supervision Agency during the period 
beginning August 5, 1997, and ending 1 year after the date on which the 
Lorton Correctional Complex is closed, or 1 year after the date on 
which the Court Services and Offender Supervision Agency assumes its 
duties, whichever is later; and
    (ii) The employee elects to continue coverage under a retirement 
system for employees of the District of Columbia no later than June 1, 
1999 or 60 days after the date of the Federal appointment, whichever is 
later.
    (2) An individual's election to continue coverage under a 
retirement system for employees of the District of Columbia remains in 
effect until the individual separates from service with the Department 
of Justice or the Court Services and Offender Supervision Agency.
    8. In Sec. 842.107, revise paragraph (c) to read as follows:


Sec. 842.107  Employees covered under the National Capital 
Revitalization and Self-Government Improvement Act of 1997.

* * * * *
    (c) The District of Columbia Pretrial Services, Parole, Adult 
Probation and Offender Supervision Trustee, authorized by section 11232 
of Pub. L. 105-33, 111 Stat. 251, as amended by section 7(b) of Pub. L. 
105-274, 112 Stat. 2419, and an employee of the Trustee, if the Trustee 
or employee is a former Federal employee appointed with a break in 
service of 3 days or less.
    9. Add Sec. 842.108 to subpart A to read as follows:


Sec. 842.108  Employees covered under the District of Columbia Courts 
and Justice Technical Corrections Act of 1998.

    Employees of the Public Defender Service of the District of 
Columbia are deemed to be Federal employees for FERS purposes on and 
after April 1, 1999.

PART 846--FEDERAL EMPLOYEES RETIREMENT SYSTEM--ELECTIONS OF 
COVERAGE

    10. The authority citation for section 846 is revised to read as 
follows:

    Authority: 5 U.S.C. 8347(a) and 8461(g) and Title III of Pub. L. 
99-335, 100 Stat. 517; Sec. 846.201(b) also issued under 5 U.S.C. 
7701(b)(2) and section 153 of Pub. L. 104-134, 110 Stat. 1321; 
Sec. 846.201(d) also issued under section 11246(b) of Pub. L. 105-
33, 111 Stat. 251; Sec. 846.201(d) also issued under section 7(e) of 
Pub. L. 105-274, 112 Stat. 2419; Sec. 846.202 also issued under 
section 301(d)(3) of Pub. L. 99-335, 100 Stat. 517; Sec. 846.726 
also issued under 5 U.S.C. 1104; subpart G also issued under section 
642 of Pub. L. 105-61, 111 Stat. 1272.

Subpart B--Elections

    11. In Sec. 846.201, paragraph (d)(1) is revised to read as 
follows:


Sec. 846.201  Elections to become subject to FERS.

* * * * *
    (d) Exceptions. (1) An individual who is an employee of the 
government of the District of Columbia may not elect to become subject 
to FERS except an individual so employed who is covered by CSRS and 
eligible for FERS coverage by operation of section 11246 of Pub. L. 
105-33, 111 Stat. 251, or section 7(e) of Pub. L. 105-274, 112 Stat. 
2419.
* * * * *

PART 870--FEDERAL EMPLOYEES' GROUP LIFE INSURANCE PROGRAM

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

    Authority: 5 U.S.C. 8716; Sec. 870.302(c) also issued under 5 
U.S.C. 7701(b)(2); 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 and section 7(e) of Pub. L. 105-274, 112 Stat. 2419.
    13. Section 870.302 is amended by revising paragraph (a)(3) to read 
as follows:


Sec. 870.302  Exclusions.

    (a) * * *
    (3) An individual first employed by the government of the District 
of Columbia on or after October 1, 1987. Exceptions:
    (i) An employee of St. Elizabeths Hospital, who accepts employment 
with the District of Columbia Government following Federal employment 
without a break in service, as provided in section 6 of Pub. L. 98-621 
(98 Stat. 3379);
    (ii) An employee of the District of Columbia Financial 
Responsibility and Management Assistance Authority (Authority), who 
makes an election under the Technical Corrections to Financial 
Responsibility and Management Assistance Act (section 153 of Pub. L. 
104-134 (110 Stat. 1321)) to be considered a Federal employee for life 
insurance and other benefits purposes; employees of the Authority who 
are former Federal employees are subject to the provisions of 
Secs. 870.503(d) and 870.705 of this part;
    (iii) The Corrections Trustee and the Pretrial Services, Parole, 
Adult Probation and Offender Supervision Trustee and employees of these 
Trustees who accept employment with the District of Columbia government 
within 3 days after separating from the Federal Government;
    (iv) Effective October 1, 1997, judicial and nonjudicial employees 
of the District of Columbia Courts, as provided by Pub. L. 105-33 (111 
Stat. 251); and
    (v) Effective April 1, 1999, employees of the Public Defender 
Service of the District of Columbia, as provided by Pub. L. 105-274 
(112 Stat. 2419).

PART 890--FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM

    14. The authority citation for part 890 is revised to read as 
follows:

    Authority: 5 U.S.C. 8913; Sec. 890.803 also issued under 50 
U.S.C. 403(p), 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 and section 7(e) 
of Pub. L. 105-274, 112 Stat. 2419.

    15. Section 890.102 is amended by revising paragraph (c)(8) to read 
as follows:

Sec. 890.102  Coverage.

* * * * *
    (c) * * *
    (8) An individual first employed by the government of the District 
of Columbia on or after October 1, 1987. However, this exclusion does 
not apply to:

[[Page 15290]]

    (i) Employees of St. Elizabeths Hospital who accept offers of 
employment with the District of Columbia government without a break in 
service, as provided in section 6 of Pub. L. 98-621 (98 Stat. 3379);
    (ii) The Corrections Trustee and the Pretrial Services, Parole, 
Adult Probation and Offender Supervision Trustee and employees of these 
Trustees who accept employment with the District of Columbia government 
within 3 days after separating from the Federal Government;
    (iii) Effective October 1, 1997, judges and nonjudicial employees 
of the District of Columbia Courts, as provided by Pub. L. 105-33 (111 
Stat. 251); and
    (iv) Effective April 1, 1999, employees of the Public Defender 
Service of the District of Columbia, as provided by Pub. L. 105-274 
(112 Stat. 2419).

[FR Doc. 99-7871 Filed 3-30-99; 8:45 am]
BILLING CODE 6325-01-P