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

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