Federal · Title 28 — Judiciary and Judicial Procedure
28 U.S.C. § 179: Personnel application and insurance programs
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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. is retired under subsection (b) of section 178 of this title , and was enrolled in a health benefits plan under chapter 89 of title 5, but did not satisfy the requirements of section 8905(b)(1) of title 5 (relating to eligibility to continue enrollment as an annuitant), 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 beginning on the date on which eligibility would otherwise cease, and ending on the last day of the calendar year next beginning after the end of the open enrollment period referred to in clause (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 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 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. 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 1 So in original. Probably should be followed by “of title 5”. the provisions of paragraph (1) shall cease to apply. For purposes of this subsection, the term “open enrollment period” refers to a period described in section 8905(g)(1) of title 5 . 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 .
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