§ 179. — Personnel application and insurance programs.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC179]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART I--ORGANIZATION OF COURTS
CHAPTER 7--UNITED STATES COURT OF FEDERAL CLAIMS
Sec. 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
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\1\ So in original. Probably should be followed by ``of title 5''.
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(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.
(Added Pub. L. 106-518, title III, Sec. 309(a), Nov. 13, 2000, 114 Stat.
2419.)
