97-25889. Retirement, Health, and Life Insurance Coverage for Certain Employees of the District of Columbia Under the National Capital Revitalization and Self-Government Improvement Act of 1997  

  • [Federal Register Volume 62, Number 189 (Tuesday, September 30, 1997)]
    [Rules and Regulations]
    [Pages 50995-50997]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-25889]
    
    
    
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    Rules and Regulations
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    This section of the FEDERAL REGISTER contains regulatory documents 
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    Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / 
    Rules and Regulations
    
    [[Page 50995]]
    
    
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    OFFICE OF PERSONNEL MANAGEMENT
    
    5 CFR Parts 831, 837, 842, 846, 870, and 890
    
    RIN 3206-AI02
    
    
    Retirement, Health, and Life Insurance Coverage for Certain 
    Employees of the District of Columbia Under the National Capital 
    Revitalization and Self-Government Improvement Act of 1997
    
    AGENCY: Office of Personnel Management.
    
    ACTION: Interim rule with request for comments.
    
    -----------------------------------------------------------------------
    
    SUMMARY: The Office of Personnel Management (OPM) is issuing interim 
    regulations to implement the provisions of sections 11202, 11232, and 
    11246 of the National Capital Revitalization and Self-Government 
    Improvement Act of 1997. These provisions of the Act require that 
    nonjudicial employees of the District of Columbia Courts, and, under 
    certain conditions, the District of Columbia Corrections Trustee and 
    the District of Columbia Pretrial Services, Defense Services, Parole, 
    Adult Probation and Offender Supervision Trustee (Trustees) and their 
    respective employees (Trustee Employees) be considered Federal 
    employees for purposes of Federal retirement, health, and life 
    insurance coverage. The Act requires that judicial employees (judges) 
    of the District of Columbia Courts be considered Federal employees for 
    the purposes of Federal health, and life insurance coverage. These 
    regulations are necessary to put the new coverage into effect.
    
    DATES: Interim rules effective October 1, 1997; comments must be 
    received on or before December 1, 1997.
    
    ADDRESSES: Send comments to John E. Landers, Chief, Retirement Policy 
    Division; Retirement and Insurance Service; 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 combox@opm.gov.
    
    FOR FURTHER INFORMATION CONTACT:
    Patrick Jennings, (202) 606-0299 concerning retirement coverage, or 
    Karen Leibach (202) 606-0004 concerning health and life insurance 
    coverage.
    
    SUPPLEMENTARY INFORMATION: The National Capital Revitalization and 
    Self-Government Improvement Act of 1997 (the Act), title XI of Public 
    Law 105-33, 111 Stat. 251, was enacted on August 5, 1997. Section 11202 
    of the Act establishes a District of Columbia Department of Corrections 
    Trustee, and section 11232 of the Act establishes a District of 
    Columbia Pretrial Services, Defense Services, Parole, Adult Probation 
    and Offender Supervision Trustee. These sections of the Act require a 
    former Federal employee appointed with a break in service of 3 days of 
    less to be treated as a Federal employee for the purpose of chapter 83 
    (the Civil Service Retirement System--CSRS) or chapter 84 (the Federal 
    Employees Retirement System--FERS); chapter 87 (the Federal Employees' 
    Group Life Insurance Program--FEGLI); and chapter 89 (the Federal 
    Employees Health Benefits Program--FEHB) of title 5, United States 
    Code, during service as a Trustee or Trustee employee.
        Section 11246 of the Act requires nonjudicial employees of the 
    District of Columbia Courts to be treated as Federal employees for the 
    purposes of chapters 81 (relating to compensation for work injuries), 
    83, 84, 87, and 89. This section also requires judges of the District 
    of Columbia Courts to be treated as Federal employees for the purposes 
    of chapters 81 (relating to compensation for work injuries), 87, and 
    89.
        As employees of the District of Columbia Government, employees of 
    the District of Columbia Courts have not been eligible for coverage 
    under FERS and, therefore, were not allowed to elect to be covered by 
    FERS. When the regulations take effect, nonjudicial employees of the 
    District of Columbia Courts will be deemed to be Federal employees for 
    this purpose and, because they will not have had an opportunity to 
    elect FERS coverage, these regulations will allow them to elect FERS if 
    now subject to CSRS, in the same way as new Federal hires who are 
    eligible for CSRS may elect FERS.
        Federal employees may be detailed to the District of Columbia 
    Department of Corrections Trustee or the District of Columbia Pretrial 
    Services, Defense Services, Parole, Adult Probation and Offender 
    Supervision Trustee under the provisions of part 334 of title 5, Code 
    of Federal Regulations, which addresses assignments of Federal 
    employees to State governments, and the District of Columbia. The Act 
    authorizes such details to a Trustee at the request of a Trustee with 
    the approval of the head of the employee's Federal department or 
    agency. Employees detailed under part 334 retain their status as 
    Federal employees and, therefore, retain Federal benefits coverage.
        With respect to employees of the District of Columbia Courts, 
    section 11246(b)(3) of the Act requires that the amendments shall apply 
    with respect to all months beginning after the date on which OPM issues 
    regulations to implement the new coverage provisions. Accordingly, the 
    amendments made by section 11246 of the Act are effective October 1, 
    1997.
        With respect to the District of Columbia Department of Corrections 
    Trustee and the District of Columbia Pretrial Services, Defense 
    Services, Parole, Adult Probation and Offender Supervision Trustee, and 
    the Trustees' employees, sections 11202 and 11232 of the Act do not 
    establish a specific effective date for the beginning of Federal 
    employee status. Accordingly, the regulations to implement the new 
    coverage provisions for a Trustee and a Trustee's employees become 
    effective on the date of a Trustee's appointment.
        In addition, these regulations make technical amendments to 
    retirement coverage provisions governing employees of the District of 
    Columbia Financial Responsibility and Management Assistance Authority, 
    conforming amendments to provisions governing reemployed annuitants, 
    and non-substantive clarifying amendment to retirement coverage 
    provisions governing certain employees of St. Elizabeths Hospital.
    
    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
    
    [[Page 50996]]
    
    and for making these rules effective in less than 30 days. These 
    regulations will affect the retirement and insurance coverage of 
    certain employees of the District of Columbia Courts on and after 
    October 1, 1997, and the retirement and insurance coverage of a Trustee 
    and the Trustee's employees on and after the appointment of the 
    Trustee. Publication of a general notice on proposed rulemaking would 
    be contrary to the public interest because it would delay the 
    commencement of Federal employee benefits of employees of the District 
    of Columbia Courts and eligible individuals employed during the initial 
    staffing of the District of Columbia Department of Corrections Trustee, 
    and the District of Columbia Pretrial Services, Defense Services, 
    Parole, Adult Probation and Offender Supervision Trustee.
    
    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 a small number of former Federal employees of the 
    Trustee of the District of Columbia Department of Corrections and the 
    Trustee of District of Columbia Pretrial Services, Defense Service, 
    Parole, Adult Probation and Offender Supervision, and employees of the 
    District of Columbia Courts.
    
    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,
    Acting Director.
    
        Accordingly, OPM is amending 5 CFR parts 831, 837, 842, 846, 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. 831.201(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 the National Capital Revitalization and Self-Government 
    Improvement Act of 1997, title XI of Pub. L. 105-33, 111 Stat. 251; 
    Sec. 831.204 also issued under section 102(e) of the District of 
    Columbia Financial Responsibility and Management Assistance Act of 
    1995, 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 the Omnibus Budget Reconciliation Act of 1993, Pub. 
    L. 103-66; Sec. 831.682 also issued under section 201(d) of the 
    Federal Employees Benefits Improvement Act of 1986, 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 the Omnibus 
    Budget Reconciliation Act of 1987, Pub. L. 100-203, 101 Stat. 1330-
    275; Sec. 831.2203 also issued under section 7001 (a)(4) of the 
    Omnibus Budget Reconciliation Act of 1990, Pub. L. 101-508, 104 
    Stat. 1388-328.
    
        2. Section 831.201 is amended by revising paragraph (g) to read as 
    follows:
    
    
    Sec. 831.201  Exclusions from retirement coverage.
    
    * * * * *
        (g) Individuals first employed by the government of the District of 
    Columbia on or after October 1, 1987, in a position subject to 
    subchapter III of chapter 83 of title 5, United States Code, are 
    excluded from such subchapter, except:
        (1) Employees of St. Elizabeths Hospital who were covered under 
    subchapter III of chapter 83 of title 5, United States Code, before 
    October 1, 1987, appointed by the District of Columbia government on 
    October 1, 1987, as provided in section 6 of Pub. L. 98-621, and deemed 
    employed by the District of Columbia government before October 1, 1987, 
    under section 109 of Pub. L. 100-238;
        (2) Effective on and after October 1, 1997, the effective date of 
    section 11246 of Pub. L. 105-33, 111 stat. 251, nonjudicial employees 
    of the District of Columbia Courts employed in a position which is not 
    excluded from CSRS under the provisions of this section;
        (3) The District of Columbia Department of Corrections Trustee, 
    authorized by section 11202 of Pub. L. 105-33, 111 Stat. 251, 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;
        (4) The District of Columbia Pretrial Services, Defense Services, 
    Parole, Adult Probation and Offender Supervision Trustee, authorized by 
    section 11232 of Pub. L. 105-33, 111 Stat. 251, 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;
        (5) Subject to an election under Sec. 831.204, employees of the 
    District of Columbia Financial Responsibility and Management Assistance 
    Authority.
    * * * * *
    
    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 section 302 of Pub. L. 99-335, June 6, 1986, as amended.
    
        4. Section 837.101 is amended by revising paragraph (a)(2) 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 had been employed subject to CSRS by the 
    District of Columbia prior to 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 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; and
    * * * * *
        5. Section 837.102 is amended by revising the definition for 
    Reemployed to read as follows:
    
    
    Sec. 837.102   Definitions.
    
    * * * * *
        Reemployed means reemployed in an appointive or elective position 
    with the
    
    [[Page 50997]]
    
    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 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 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 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 the District of Columbia Financial Responsibility 
    and Management Assistance Act of 1995, 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 the National Capital Revitalization and Self-Government 
    Improvement Act of 1997, title XI 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 
    the Omnibus Budget Reconciliation Act of 1990, Pub. L. 101-508; 
    Sec. 842.707 also issued under section 6001 of the Omnibus Budget 
    Reconciliation Act of 1987, Pub. L. 100-203; Sec. 842.708 also 
    issued under section 4005 of the Omnibus Budget Reconciliation Act 
    of 1989, Pub. L. 101-239 and section 7001 of the Omnibus Budget 
    Reconciliation Act of 1990, Pub. L. 101-508; subpart H also issued 
    under 5 U.S.C. 1104.
    
        7. Section 842.107 is added to read as follows:
    
    
    Sec. 842.107   Employees covered under the National Capital 
    Revitalization and Self-Government Improvement Act of 1997.
    
        The following categories of employees of the District of Columbia 
    Government are deemed to be Federal employees for FERS purposes on and 
    after October 1, 1997:
        (a) Nonjudicial employees of the District of Columbia Courts;
        (b) The District of Columbia Department of Corrections Trustee, 
    authorized by section 11202 of Pub. L. 105-33, 111 Stat. 251, 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;
        (c) The District of Columbia Pretrial Services, Defense Services, 
    Parole, Adult Probation and Offender Supervision Trustee, authorized by 
    section 11232 of Pub. L. 105-33, 111 Stat. 251, 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.
    
    PART 846--FEDERAL EMPLOYEES RETIREMENT SYSTEM--ELECTING COVERAGE
    
        8. The authority citation for part 846 is revised to read as 
    follows:
        Authority: 5 U.S.C. 8461(g); Sec. 846.201(b) also issued under 5 
    U.S.C. 7701(b)(2); Sec. 846.201(d) also issued under section 
    11246(b) of the National Capital Revitalization and Self-Government 
    Improvement Act of 1997, title XI of Pub. L. 105-33, 111 Stat. 251; 
    Sec. 846.202 also issued under section 301(d)(3) of Pub. L. 99-335; 
    Sec. 846.201(b)(ii) also issued under section 153 of Pub. L. 104-
    134, 110 Stat. 1321.
    
        9. Section 846.201 is amended by revising paragraph (d)(1) 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.
    * * * * *
    
    PART 870--BASIC LIFE INSURANCE
    
        10. The authority citation for part 870 is revised to read as 
    follows:
    
        Authority: 5 U.S.C. 8716; Sec. 870.202(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. 870.202 also issued under 
    sections 11202(f), 11232(e), and 11246 (b) and (c) of Pub. L. 105-
    33, 111 Stat. 251.
    
        11. Section 870. 202 is amended by revising paragraph (a)(8) to 
    read as follows:
    
    
    Sec. 870.202  Exclusions.
    
        (a) * * *
        (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:
        (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, Defense 
    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; and
        (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).
    * * * * *
    
    PART 890--FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM
    
        12. 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. 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.
    
        13. 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:
        (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, Defense 
    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; and
        (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).
    
    [FR Doc. 97-25889 Filed 9-29-97; 8:45 am]
    BILLING CODE 6325-01-M
    
    
    

Document Information

Effective Date:
10/1/1997
Published:
09/30/1997
Department:
Personnel Management Office
Entry Type:
Rule
Action:
Interim rule with request for comments.
Document Number:
97-25889
Dates:
Interim rules effective October 1, 1997; comments must be received on or before December 1, 1997.
Pages:
50995-50997 (3 pages)
RINs:
3206-AI02: Coverage for Certain Employees of the District of Columbia
RIN Links:
https://www.federalregister.gov/regulations/3206-AI02/coverage-for-certain-employees-of-the-district-of-columbia
PDF File:
97-25889.pdf
CFR: (18)
5 CFR 831.201(b)(6)
5 CFR 846.201(b)(ii)
5 CFR 831.201(g)
5 CFR 831.201(g)
5 CFR 831.108
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