[Federal Register Volume 74, Number 240 (Wednesday, December 16, 2009)]
[Rules and Regulations]
[Pages 66565-66567]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29878]



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 Rules and Regulations
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  Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / 
Rules and Regulations  

[[Page 66565]]



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: U.S. Office of Personnel Management.

ACTION: Final rule.

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SUMMARY: The U.S. Office of Personnel Management is issuing final 
regulations to describe conditions and procedures applicable to the 
continuation of eligibility for certain civil service benefits for 
former Federal employees of the Civilian Marksmanship Program.

DATES: Effective Date: December 16, 2009.

FOR FURTHER INFORMATION CONTACT: Kristine Prentice or Roxann Johnson, 
202-606-0299.

SUPPLEMENTARY INFORMATION: On June 3, 2002, the Office of Personnel 
Management (OPM) published (at 67 FR 38210) proposed regulations to 
implement the benefit-related provisions of the ``Corporation for the 
Promotion of Rifle Practice and Firearms Safety Act,'' Public Law 104-
106, 110 Stat. 515, by amending parts 831, 842, 870, and 890 of title 
5, Code of Federal Regulations. The Act 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 
provides 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. The final rule provides 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.
    OPM received no comments on the proposed rule. Since publication of 
the proposed rule, OPM has further updated each of the authority 
citations to reflect other changes in the law. Accordingly, we are 
issuing the proposed regulations as final with only a few minor 
editorial and formatting changes for clarity.

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 in 5 CFR Part 831

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

List of Subjects in 5 CFR Part 842

    Air traffic controllers, Alimony, Firefighters, Government 
employees, Law enforcement officers, Pensions, Retirement.

List of Subjects in 5 CFR Part 870

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

List of Subjects in 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.
John Berry,
Director.

0
The Office of Personnel Management is amending 5 CFR parts 831, 842, 
870, and 890, as follows:

PART 831--RETIREMENT

0
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 Sec. 1313(b)(5) of Public Law 
107-296, 116 Stat. 2135; 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 Secs. 11202(f), 
11232(e), and 11246(b) of Public Law 105-33, 111 Stat. 251; Sec. 
831.201(g) also issued under Secs. 7(b) and (e) of Public Law 105-
274, 112 Stat. 2419; Sec. 831.201(i) also issued under Secs. 3 and 
7(c) of Public Law 105-274, 112 Stat. 2419; Sec. 831.204 also issued 
under Sec. 102(e) of Public Law 104-8, 109 Stat. 102, as amended by 
Sec. 153 of Public Law 104-134, 110 Stat. 1321; Sec. 831.205 also 
issued under Sec. 2207 of Public Law 106-265, 114 Stat. 784; Sec. 
831.206 also issued under Sec. 1622(b) of Public Law 104-106, 110 
Stat. 515; Sec. 831.301 also issued under Sec. 2203 of Public Law 
106-265, 114 Stat. 780; Sec. 831.303 also issued under 5 U.S.C. 
8334(d)(2) and Sec. 2203 of Public Law 106-235, 114 Stat. 780; Sec. 
831.502 also issued under 5 U.S.C. 8337; Sec. 831.502 also issued 
under Sec. 1(3), E.O. 11228, 3 CFR 1965-1965 Comp. p. 317; Sec. 
831.663 also issued under Secs. 8339(j) and (k)(2); Secs. 831.663 
and 831.664 also issued under Sec. 11004(c)(2) of Public Law 103-66, 
107 Stat. 412; Sec. 831.682 also issued under Sec. 201(d) of Public 
Law 99-251, 100 Stat. 23; Sec. 831.912 also issued under Sec. 636 of 
Appendix C to Public Law 106-554, 114 Stat. 2763A-164; Subpart V 
also issued under 5 U.S.C. 8343a and Sec. 6001 of Public Law 100-
203, 101 Stat. 1330-275; Sec. 831.2203 also issued under Sec. 
7001(a)(4) of Public Law 101-508, 104 Stat. 1388-328.

Subpart B--Coverage

0
2. Add Sec.  831.206 to subpart B to read as follows:

[[Page 66566]]

Sec.  831.206  Continuation of coverage for former Federal employees of 
the Civilian Marksmanship Program.

    (a) A Federal employee who--
    (1) Was covered under CSRS;
    (2) 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
    (3) 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--remains covered by CSRS during continuous employment 
with the Corporation unless the individual files an election under 
paragraph (c) of this section. Such a covered individual is 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 CSRS. The individual is 
entitled to the benefits of, and is subject to all conditions under, 
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 
terminates eligibility for coverage under 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 Sec.  1622(a) of Public Law 104-106, 110 
Stat. 521. Such an election must be in writing and filed with the 
Corporation. It takes effect immediately when received by the 
Corporation. The election applies to all Federal benefits described by 
Sec.  1622(a) of Public Law 104-106, 110 Stat. 521, and is irrevocable. 
Upon receipt of an election, the Corporation must transmit the election 
to OPM with the individual's retirement records.
    (d) The Corporation must withhold from the pay of an individual 
described by paragraph (a) of this section an amount equal to the 
percentage withheld from the pay of a Federal employee 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 must, 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

0
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 Secs. 
3 and 7(c) of Public Law 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 Sec. 102(e) of Public Law 104-8, 109 Stat. 102, as 
amended by Sec. 153 of Public Law 104-134, 110 Stat. 1321-102; Sec. 
842.107 also issued under Secs. 11202(f), 11232(e), and 11246(b) of 
Public Law 105-33, 111 Stat. 251, and Sec. 7(b) of Public Law 105-
274, 112 Stat. 2419; Sec. 842.108 also issued under Sec. 7(e) of 
Public Law 105-274, 112 Stat. 2419; Sec. 842.109 also issued under 
Sec. 1622(b) of Public Law 104-106, 110 Stat. 515; Sec. 842.213 also 
issued under 5 U.S.C. 8414(b)(1)(B) and Sec.1313(b)(5) of Public Law 
107-296, 116 Stat. 2135; Secs. 842.304 and 842.305 also issued under 
Sec. 321(f) of Public Law 107-228, 116 Stat. 1383, 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 Sec. 7001(a)(4) of Public Law 101-508, 104 
Stat. 1388; Sec. 842.707 also issued under Sec. 6001 of Public Law 
100-203, 101 Stat. 1300; Sec. 842.708 also issued under Sec. 4005 of 
Public Law 101-239, 103 Stat. 2106 and Sec. 7001 of Public Law 101-
508, 104 Stat. 1388; Subpart H also issued under 5 U.S.C. 1104; Sec. 
842.810 also issued under Sec. 636 of Appendix C to Public Law 106-
554 at 114 Stat. 2763A-164; Sec. 842.811 also issued under Sec. 
226(c)(2) of Public Law 108-176, 117 Stat. 2529.

Subpart A--Coverage

0
4. Add Sec.  842.109 to read as follows:


Sec.  842.109  Continuation of coverage for former Federal employees of 
the Civilian Marksmanship Program.

    (a) A Federal employee who was covered under FERS;
    (1) 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
    (2) 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--remains covered by FERS during continuous employment 
with the Corporation unless the individual files an election under 
paragraph (c) of this section. Such a covered individual is 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 FERS. The individual is 
entitled to the benefits of, and is subject to all conditions under, 
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 
terminates eligibility for coverage under 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 Sec.  1622(a) of Public Law 104-106, 110 
Stat. 521. Such an election must be in writing and filed with the 
Corporation. It takes effect immediately when received by the 
Corporation. The election applies to any and all Federal benefits 
described by section 1622(a) of Public Law 104-106, 110 Stat. 521, and 
is irrevocable. The Corporation must transmit the election to OPM with 
the individual's retirement records.
    (d) The Corporation must withhold from the pay of an individual 
described by paragraph (a) of this section an amount equal to the 
percentage withheld from the pay of a Federal employee for periods of 
service covered by FERS 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 must, 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

0
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, Public Law 101-513, 104 Stat. 2064, as amended; Sec. 
870.302(a)(3)(ii) also issued under Sec.153, Public Law 104-134, 110 
Stat. 1321; Sec. 870.302(a)(3) also issued under Secs. 11202(f), 
11232(e), and 11246(b) and (c) of Public Law 105-33, 111 Stat. 251 
and Sec. 7(e), Public Law 105-274, 112 Stat. 2419; Sec. 870.510 also 
issued under Sec. 1622(b) of Public Law 104-106, 110 Stat. 515.

Subpart E--Coverage

0
6. Add Sec.  870.510 to read as follows:


Sec.  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

[[Page 66567]]

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, is 
deemed to be an employee for purposes of this part during continuous 
employment with the Corporation unless the individual files an election 
under Sec.  831.206(c) or Sec.  842.109(c) of this title. Such a 
covered individual is 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 is entitled to the benefits of, and 
is 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 
terminates eligibility for coverage under FEGLI as an employee during 
any subsequent employment by the Corporation.
    (c) The Corporation must withhold from the pay of an individual 
described by paragraph (a) of this section an amount equal to the 
premiums withheld from the pay of a Federal employee 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 must, 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

0
7. The authority citation for part 890 is revised to read as follows:

    Authority:  5 U.S.C. 8913; Sec. 890.303 also issued under Sec. 
50 U.S.C. 403p, 22 U.S.C. 4069c and 4069c-1; Subpart L also issued 
under Sec. 599C of Public Law 101-513, 104 Stat. 2064, as amended; 
Sec. 890.102 also issued under Secs. 11202(f), 11232(e), 11246(b) 
and (c) of Public Law 105-33, 111 Stat. 251; Sec. 721 of Public Law 
105-261, 112 Stat. 2061 unless otherwise noted; Sec. 890.111 also 
issued under Sec. 1622(b) of Public Law 104-106, 110 Stat. 515.

Subpart A--Administration and General Provisions

0
8. Add Sec.  890.111 to read as follows:


Sec.  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, is 
deemed to be an employee for purposes of this part during continuous 
employment with the Corporation unless the individual files an election 
under Sec.  831.206(c) or Sec.  842.109(c) of this title. Such a 
covered individual is 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 is entitled to the 
benefits of, and is 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 
terminates eligibility for coverage under the FEHB Program as an 
employee during any subsequent employment by the Corporation.
    (c) The Corporation must withhold from the pay of an individual 
described by paragraph (a) of this section an amount equal to the 
premiums withheld from the pay of a Federal employee for FEHB 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 must, 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. E9-29878 Filed 12-15-09; 8:45 am]
BILLING CODE 6325-39-P