Title 28, Judiciary and Judicial ProcedureRelease 119-110

§179 Personnel Application and Insurance Programs

Title 28 › PART I — ORGANIZATION OF COURTS › CHAPTER 7 — UNITED STATES COURT OF FEDERAL CLAIMS › § 179

Last updated Sep 23, 2026|Official source

Summary

Treats judges of the United States Court of Federal Claims as officers for federal personnel rules and as the same kind of judges for certain insurance rules. Judges in regular active service or retired under section 178 are treated the same as the judges named in section 8701(a)(5) when figuring insurance rates and coverage under chapter 87 of title 5. If a judge retires under section 178(b) and was in a health plan under chapter 89 but does not meet the normal annuitant rule in section 8905(b)(1), the judge can still keep coverage if they give written notice to the chief judge saying they are willing to be called back to do duties under section 178(d). That notice must be given before the first day of the open enrollment period that comes before the calendar year when coverage would end, with a special timing rule the first time this is used. If the judge stays enrolled for 5 consecutive years (counting time as an active judge right before retirement and as a retiree under this rule), then on the day after that 5-year run they are treated as meeting section 8905(b)(1) and the special rule stops applying. “Open enrollment period” means the period in section 8905(g)(1).

Full Legal Text

Title 28, §179

Judiciary and Judicial Procedure, Source: USLM XML via OLRC

(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) 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.

Reference

Citations & Metadata

Citation

28 U.S.C. § 179

Title 28, Judiciary and Judicial Procedure

Last Updated

Sep 23, 2026

Release point: 119-110