§179 Personnel Application and Insurance Programs

Summary

Treat a judge of the United States Court of Federal Claims as an “officer” when using the rules in title 5, section 2104(a). Also, for pay and insurance rules in chapter 87, a judge in regular active service or retired under subsection (b) of section 178 must be treated like the kind of judge described in section 8701(a)(5). If a judge retires under subsection (b) of section 178 and was enrolled in a chapter 89 health plan at retirement but did not meet the eligibility rule in section 8905(b)(1), the judge can keep that enrollment if they give the required notice before the first day of the open enrollment period that comes before the calendar year when coverage would otherwise stop. If notice is given on time, coverage continues from the date it would have ended until the last day of the calendar year after that open enrollment period. For a judge the first time this rule is used, the timing is based on when the judge’s term of office ends, with special rules if the term ends before or on/after the start of the open enrollment period. If the judge stays continuously enrolled for 5 consecutive years (counting active service right before retirement plus these continued periods), then on the day after that 5-year period the judge is treated as if they met section 8905(b)(1) on the last day of the period, and the continued-enrollment rule above stops applying. “Open enrollment period” means the period described in section 8905(g)(1).