[Federal Register Volume 67, Number 106 (Monday, June 3, 2002)]
[Proposed Rules]
[Pages 38210-38212]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-13740]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 67, No. 106 / Monday, June 3, 2002 / Proposed 
Rules  

[[Page 38210]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR PARTS 831, 842, 870, AND 890

RIN 3206-AJ55


Continuation of Eligibility for Certain Civil Service Benefits 
for Former Federal Employees of the Civilian Marksmanship Program

AGENCY: Office of Personnel Management.

ACTION: Proposed rule.

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SUMMARY: The Office of Personnel Management is amending its regulations 
to describe conditions and procedures applicable to continuation of 
eligibility for certain Civil Service benefits for former Federal 
employees of the Civilian Marksmanship Program.

DATES: Comments must be received by August 2, 2002.

ADDRESSES: Send comments on this proposed rule to Mary Ellen Wilson, 
Director, Retirement Policy Center, Office of Personnel Management, 
Washington, DC 20415-3200. You may also submit comments by sending 
electronic mail (e-mail) to: [email protected].

FOR FURTHER INFORMATION CONTACT: Ted Newland, 202-606-0299.

SUPPLEMENTARY INFORMATION:

Introduction

    The Office of Personnel Management (OPM) is amending parts 831, 
842, 870, and 890 of title 5, Code of Federal Regulations, to implement 
benefit-related provisions of the ``Corporation for the Promotion of 
Rifle Practice and Firearms Safety Act,'' Public Law 104-106, 110 Stat. 
515.

Background

    The ``Corporation for the Promotion of Rifle Practice and Firearms 
Safety Act,'' Public Law 104-106, 110 Stat. 515, created a private, 
non-profit, corporation, and transferred the Civilian Marksmanship 
Program from the Department of Defense to the new corporation. Section 
1622 of the Act provided that individuals employed by the Department of 
Defense to support the Civilian Marksmanship Program as of the day 
before the date of the transfer of the Program to the Corporation who 
were offered and accepted employment by the Corporation as part of the 
transition would continue to be eligible during continuous employment 
with the Corporation for the Federal health, retirement, and similar 
benefits (including life insurance) for which the employee would have 
been eligible had the employee continued to be employed by the 
Department of Defense.

Analysis

    The proposed regulations provide that the affected employees will 
be treated under all of the applicable benefits programs on the same 
basis as if the individuals had remained as employees of the Federal 
Government.
    Section 1622 of the Act provided that the affected employees 
``may'' continue to be eligible to continue Federal benefits. 
Accordingly, the proposed regulations provide that individuals may 
elect to irrevocably discontinue coverage under all of the Federal 
benefit programs. Individuals could also achieve the same result by a 
break in continuous employment with the corporation for any period.
    However, the proposed regulations do not permit affected 
individuals to terminate eligibility under some benefit programs, while 
retaining it under others. Such a choice of eligibility is not an 
option available to individuals employed by the Federal Government, and 
neither the statutory language nor the legislative history of the Act 
reflects an intent to provide such a choice to the affected employees. 
Nevertheless, affected employees of the Corporation will continue to 
have the same enrollment choices under the Federal Employees Health 
Benefits Program and the Federal Employees Group Life Insurance Program 
that are available to Federal employees, including the right for non-
covered but eligible employees to elect coverage during open seasons or 
based upon other qualifying events.

Regulatory Flexibility Act

    I certify that this rule will not have a significant economic 
impact on a substantial number of small entities because the proposed 
rule only affects the employment benefits of a small number (estimated 
to be fewer than a dozen) former Federal employees now employed by the 
Corporation for the Promotion of Rifle Practice and Firearms Safety.

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 Part 831

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

5 CFR Part 842

    Air traffic controllers, Alimony, Firefighters, Government 
employees, Law enforcement officers, Pensions, 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, Military personnel, Reporting and recordkeeping 
requirements, Retirement.

Office of Personnel Management.
Kay Coles James,
Director.
    For the reasons stated in the preamble, the Office of Personnel 
Management proposes to amend 5 CFR parts 831, 842, 870, and 890, 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 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.

[[Page 38211]]

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. 831.205 also issued under 
section 2207 of Pub. L. 106-265, 114 Stat. 784; Sec. 831.206 also 
issued under section 1622(b) of Pub. L. 104-106, 110 Stat. 521; Sec. 
831.301 also issued under section 2203 of Pub. L. 106-265, 114 Stat. 
780; Sec. 831.303 also issued under 5 U.S.C. 8334(d)(2) and section 
2203 of Pub. L. 106-235, 114 Stat. 780; 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; Sec. 831.912 also issued under section 636 of H.R. 5658, 
incorporated by reference in Pub. L. 106-554, 114 Stat. 2763, and 
published as Appendix C to Pub. L. 106-554 at 114 Stat. 2763A-125; 
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. Add [sect] 831.206 to subpart B to read as follows:


[sect] 831.206  Continuation of coverage for former Federal employees 
of the Civilian Marksmanship Program.

    (a) A Federal employee who was covered under the CSRS; was employed 
by the Department of Defense to support the Civilian Marksmanship 
Program as of the day before the date of the transfer of the Program to 
the Corporation for the Promotion of Rifle Practice and Firearms 
Safety; and was offered and accepted employment by the Corporation as 
part of the transition described in section 1612(d) of Public Law 104-
106, 110 Stat. 517; shall remain covered by the CSRS during continuous 
employment with the Corporation unless the individual files an election 
under paragraph (c) of this section. Such a covered individual shall be 
treated as if he or she were a Federal employee for purposes of this 
part, and of any other part within this title relating to the CSRS. The 
individual shall be entitled to the benefits of, and be subject to all 
conditions under, the CSRS on the same basis as if the individual were 
an employee of the Federal Government.
    (b) Cessation of employment with the Corporation for any period 
shall terminate eligibility for coverage under the CSRS during any 
subsequent employment by the Corporation.
    (c) An individual described by paragraph (a) of this section may at 
any time file an election to terminate continued coverage under the 
Federal benefits described in [sect] 1622(a) of Public Law 104-106, 110 
Stat. 521. Such an election shall be in writing and filed with the 
Corporation. It shall take effect immediately when received by the 
Corporation. It shall apply to all Federal benefits described by [sect] 
1622(a) of Public Law 104-106, 110 Stat. 521, and shall be irrevocable. 
Upon receipt of an election, the Corporation shall transmit the 
election to OPM with the individual's retirement records.
    (d) The Corporation shall withhold from the pay of an individual 
described by paragraph (a) of this section an amount equal to the 
percentage withheld from Federal employees' pay for periods of service 
covered by CSRS and, in accordance with procedures established by OPM, 
pay into the Civil Service Retirement and Disability Fund the amounts 
deducted from the individual's pay.
    (e) The Corporation shall, in accordance with procedures 
established by OPM, pay into the Civil Service Retirement and 
Disability Fund amounts equal to any agency contributions required 
under CSRS.

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. 842.104 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. 
842.109 also issued under section 1622(b) of Pub. L. 104-106, 110 
Stat. 521; 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, as amended by section 
651 of Pub. L. 106-58, 113 Stat. 430; 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 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; Sec. 842.810 also 
issued under section 636 of H.R. 5658, incorporated by reference in 
Pub. L. 106-554, 114 Stat. 2763, and published as Appendix C to Pub. 
L. 106-554 at 114 Stat. 2763A-125.

Subpart A--Coverage

    4. Add [sect] 842.109 to subpart A to read as follows:


[sect] 842.109  Continuation of coverage for former Federal employees 
of the Civilian Marksmanship Program.

    (a) A Federal employee who was covered under the FERS; was employed 
by the Department of Defense to support the Civilian Marksmanship 
Program as of the day before the date of the transfer of the Program to 
the Corporation for the Promotion of Rifle Practice and Firearms 
Safety; and was offered and accepted employment by the Corporation as 
part of the transition described in section 1612(d) of Public Law 104-
106, 110 Stat. 517; shall remain covered by the FERS during continuous 
employment with the Corporation unless the individual files an election 
under paragraph (c) of this section. Such a covered individual shall be 
treated as if he or she were a Federal employee for purposes of this 
part, and of any other part within this title relating to the FERS. The 
individual shall be entitled to the benefits of, and be subject to all 
conditions under, the FERS on the same basis as if the individual were 
an employee of the Federal Government.
    (b) Cessation of employment with the Corporation for any period 
shall terminate eligibility for coverage under the FERS during any 
subsequent employment by the Corporation.
    (c) An individual described by paragraph (a) of this section may at 
any time file an election to terminate continued coverage under the 
Federal benefits described in [sect] 1622(a) of Public Law 104-106, 110 
Stat. 521. Such an election shall be in writing and filed with the 
Corporation. It shall take effect immediately when received by the 
Corporation. It will apply to any and all Federal benefits described by 
[sect] 1622(a) of Public Law 104-106, 110 Stat. 521, and shall be 
irrevocable. The Corporation shall transmit the election to OPM with 
the individual's retirement records.
    (d) The Corporation shall withhold from the pay of an individual 
described by paragraph (a) of this section an amount equal to the 
percentage withheld from Federal employees' pay for periods of service 
covered by FERS

[[Page 38212]]

and, in accordance with procedures established by OPM, pay into the 
Civil Service Retirement and Disability Fund the amounts deducted from 
the individual's pay.
    (e) The Corporation shall, in accordance with procedures 
established by OPM, pay into the Civil Service Retirement and 
Disability Fund amounts equal to any agency contributions required 
under FERS.

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 section 
599C of Public Law 101-513, 104 Stat. 2064, as amended; [sect] 
870.302(a)(3)(ii) also issued under sec. 153 of Public Law 104-134, 
110 Stat. 1321; [sect] 870.302(a)(3) also issued under sections 
11202(f), 11232(e), and 11246(b) and (c) of Public Law 105-33, 111 
Stat. 251 and section 721 of Pub. L. 105-261, 112 Stat. 2061; [sect] 
870.510 also issued under section 1622(b) of Pub. L. 104-106, 110 
Stat. 521.

Subpart E--Coverage

    6. Add [sect] 870.510 to subpart E to read as follows:


[sect] 870.510  Continuation of eligibility for former Federal 
employees of the Civilian Marksmanship Program.

    (a) A Federal employee who was employed by the Department of 
Defense to support the Civilian Marksmanship Program as of the day 
before the date of the transfer of the Program to the Corporation for 
the Promotion of Rifle Practice and Firearms Safety, and was offered 
and accepted employment by the Corporation as part of the transition 
described in section 1612(d) of Public Law 104-106, 110 Stat. 517, 
shall be deemed to be an employee for purposes of this part during 
continuous employment with the Corporation unless the individual files 
an election under [sect] 831.206(c) or [sect] 842.109(c) of this title. 
Such a covered individual shall be treated as if he or she were a 
Federal employee for purposes of this part, and of any other part 
within this title relating to FEGLI. The individual shall be entitled 
to the benefits of, and be subject to all conditions under, FEGLI on 
the same basis as if the individual were an employee of the Federal 
Government.
    (b) Cessation of employment with the Corporation for any period 
shall terminate eligibility for coverage under FEGLI as an employee 
during any subsequent employment by the Corporation.
    (c) The Corporation shall withhold from the pay of an individual 
described by paragraph (a) of this section an amount equal to the 
premiums withheld from Federal employees' pay for FEGLI coverage and, 
in accordance with procedures established by OPM, pay into the 
Employees' Life Insurance Fund the amounts deducted from the 
individual's pay.
    (d) The Corporation shall, in accordance with procedures 
established by OPM, pay into the Employees' Life Insurance Fund amounts 
equal to any agency contributions required under FEGLI.

PART 890--FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM

    7. The authority citation for Part 890 is revised to read as 
follows:

    Authority: 5 U.S.C. 8913; Sec. 890.111 also issued under section 
1622(b) of Pub. L. 104-106, 110 Stat. 521; [sect] 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; [sect] 890.102 also issued under sections 11202(f), 
11232(e), 11246 (b) and (c) of Pub. L. 105-33, 111 Stat. 251; and 
section 721 of Pub. L. 105-261, 112 Stat. 2061.

Subpart A--Administration and General Provisions

    8. Add [sect] 890.111 to subpart A to read as follows:


[sect] 890.111  Continuation of eligibility for former Federal 
employees of the Civilian Marksmanship Program.

    (a) A Federal employee who was employed by the Department of 
Defense to support the Civilian Marksmanship Program as of the day 
before the date of the transfer of the Program to the Corporation for 
the Promotion of Rifle Practice and Firearms Safety, and was offered 
and accepted employment by the Corporation as part of the transition 
described in section 1612(d) of Public Law 104-106, 110 Stat. 517, 
shall be deemed to be an employee for purposes of this part during 
continuous employment with the Corporation unless the individual files 
an election under [sect] 831.206(c) or [sect] 842.109(c) of this title. 
Such a covered individual shall be treated as if he or she were a 
Federal employee for purposes of this part, and of any other part 
within this title relating to the FEHB Program. The individual shall be 
entitled to the benefits of, and be subject to all conditions under, 
the FEHB Program on the same basis as if the individual were an 
employee of the Federal Government.
    (b) Cessation of employment with the Corporation for any period 
shall terminate eligibility for coverage under the FEHB Program as an 
employee during any subsequent employment by the Corporation.
    (c) The Corporation shall withhold from the pay of an individual 
described by paragraph (a) of this section an amount equal to the 
premiums withheld from Federal employees' pay for the FEHB Program 
coverage and, in accordance with procedures established by OPM, pay 
into the Employees Health Benefits Fund the amounts deducted from the 
individual's pay.
    (d) The Corporation shall, in accordance with procedures 
established by OPM, pay into the Employees Health Benefits Fund amounts 
equal to any agency contributions required under the FEHB Program.

[FR Doc. 02-13740 Filed 5-31-02; 8:45 am]
BILLING CODE 6325-50-P