28 U.S.C. § 179 : US Code - Section 179: Personnel application and insurance programs

Search 28 U.S.C. § 179 : US Code - Section 179: Personnel application and insurance programs

(a) For purposes of construing and applying title 5, a judge of
the United States Court of Federal Claims shall be deemed to be an
"officer" under section 2104(a) of such title.
(b)(1)(A) For purposes of construing and applying chapter 89 of
title 5, a judge of the United States Court of Federal Claims who -

(i) is retired under subsection (b) of section 178 of this
title, and
(ii) at the time of becoming such a retired judge -
(I) was enrolled in a health benefits plan under chapter 89
of title 5, but
(II) did not satisfy the requirements of section 8905(b)(1)
of title 5 (relating to eligibility to continue enrollment as
an annuitant),
shall be deemed to be an annuitant meeting the requirements of
section 8905(b)(1) of title 5, in accordance with the succeeding
provisions of this paragraph, if the judge gives timely written
notification to the chief judge of the court that the judge is
willing to be called upon to perform judicial duties under section
178(d) of this title during the period of continued eligibility for
enrollment, as described in subparagraph (B)(ii) or (C)(ii)
(whichever applies).
(B) Except as provided in subparagraph (C) -
(i) in order to be eligible for continued enrollment under this
paragraph, notification under subparagraph (A) shall be made
before the first day of the open enrollment period preceding the
calendar year referred to in clause (ii)(II); and
(ii) if such notification is timely made, the retired judge
shall be eligible for continued enrollment under this paragraph
for the period -
(I) beginning on the date on which eligibility would
otherwise cease, and
(II) ending on the last day of the calendar year next
beginning after the end of the open enrollment period referred
to in clause (i).
(C) For purposes of applying this paragraph for the first time in
the case of any particular judge -
(i) subparagraph (B)(i) shall be applied by substituting "the
expiration of the term of office of the judge" for the matter
following "before"; and
(ii)(I) if the term of office of such judge expires before the
first day of the open enrollment period referred to in
subparagraph (B)(i), the period of continued eligibility for
enrollment shall be as described in subparagraph (B)(ii); but
(II) if the term of office of such judge expires on or after
the first day of the open enrollment period referred to in
subparagraph (B)(i), the period of continued eligibility shall
not end until the last day of the calendar year next beginning
after the end of the next full open enrollment period beginning
after the date on which the term expires.
(2) In the event that a retired judge remains enrolled under
chapter 89 of title 5 for a period of 5 consecutive years by virtue
of paragraph (1) (taking into account only periods of coverage as
an active judge immediately before retirement and as a retired
judge pursuant to paragraph (1)), then, effective as of the day
following the last day of that 5-year period -
(A) the provisions of chapter 89 of title 5 shall be applied as
if such judge had satisfied the requirements of section
8905(b)(1) (!1) on the last day of such period; and
(B) the provisions of paragraph (1) shall cease to apply.
(3) For purposes of this subsection, the term "open enrollment
period" refers to a period described in section 8905(g)(1) of title
5.
(c) For purposes of construing and applying chapter 87 of title
5, including any adjustment of insurance rates by regulation or
otherwise, a judge of the United States Court of Federal Claims in
regular active service or who is retired under section 178 of this
title shall be deemed to be a judge of the United States described
under section 8701(a)(5) of title 5.