Continuation of Eligibility for Certain Civil Service Benefits for Former Federal Employees of the Civilian Marksmanship Program, 66565-66567 [E9-29878]
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Rules and Regulations
Federal Register
Vol. 74, No. 240
Wednesday, December 16, 2009
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
OFFICE OF PERSONNEL
MANAGEMENT
5 CFR Parts 831, 842, 870, and 890
RIN 3206–AJ55
Continuation of Eligibility for Certain
Civil Service Benefits for Former
Federal Employees of the Civilian
Marksmanship Program
AGENCY: U.S. Office of Personnel
Management.
ACTION: Final rule.
Regulatory Flexibility Act
SUMMARY: The U.S. Office of Personnel
Management is issuing final regulations
to describe conditions and procedures
applicable to the continuation of
eligibility for certain civil service
benefits for former Federal employees of
the Civilian Marksmanship Program.
DATES: Effective Date: December 16,
2009.
mstockstill on DSKH9S0YB1PROD with RULES
FOR FURTHER INFORMATION CONTACT:
Kristine Prentice or Roxann Johnson,
202–606–0299.
SUPPLEMENTARY INFORMATION: On June 3,
2002, the Office of Personnel
Management (OPM) published (at 67 FR
38210) proposed regulations to
implement the benefit-related
provisions of the ‘‘Corporation for the
Promotion of Rifle Practice and
Firearms Safety Act,’’ Public Law 104–
106, 110 Stat. 515, by amending parts
831, 842, 870, and 890 of title 5, Code
of Federal Regulations. The Act created
a private, non-profit corporation, and
transferred the Civilian Marksmanship
Program from the Department of
Defense to the new corporation. Section
1622 of the Act provides that
individuals employed by the
Department of Defense to support the
Civilian Marksmanship Program as of
the day before the date of the transfer of
the Program to the Corporation who
were offered and accepted employment
by the Corporation as part of the
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16:12 Dec 15, 2009
Jkt 220001
transition would continue to be eligible,
during continuous employment with the
Corporation, for the Federal health,
retirement, and similar benefits
(including life insurance) for which the
employee would have been eligible had
the employee continued to be employed
by the Department of Defense. The final
rule provides that the affected
employees will be treated under all of
the applicable benefits programs on the
same basis as if the individuals had
remained as employees of the Federal
Government.
OPM received no comments on the
proposed rule. Since publication of the
proposed rule, OPM has further updated
each of the authority citations to reflect
other changes in the law. Accordingly,
we are issuing the proposed regulations
as final with only a few minor editorial
and formatting changes for clarity.
I certify that this rule will not have a
significant economic impact on a
substantial number of small entities
because the proposed rule only affects
the employment benefits of a small
number (estimated to be fewer than a
dozen) former Federal employees now
employed by the Corporation for the
Promotion of Rifle Practice and
Firearms Safety.
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 in 5 CFR Part 831
Administrative practice and
procedure, Alimony, Claims, Disability
benefits, Firefighters, Government
employees, Income taxes,
Intergovernmental relations, Law
enforcement officers, Pensions,
Reporting and recordkeeping
requirements, Retirement.
List of Subjects in 5 CFR Part 842
Air traffic controllers, Alimony,
Firefighters, Government employees,
Law enforcement officers, Pensions,
Retirement.
List of Subjects in 5 CFR Part 870
Administrative practice and
procedure, Government employees,
Hostages, Iraq, Kuwait, Lebanon, Life
insurance, Retirement.
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
List of Subjects in 5 CFR Part 890
Administrative practice and
procedure, Government employees,
Health facilities, Health insurance,
Health professions, Hostages, Iraq,
Kuwait, Lebanon, Military personnel,
Reporting and recordkeeping
requirements, Retirement.
Office of Personnel Management.
John Berry,
Director.
The Office of Personnel Management
is amending 5 CFR parts 831, 842, 870,
and 890, 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 also issued under 5 U.S.C.
8336(d)(2), and Sec. 1313(b)(5) of Public Law
107–296, 116 Stat. 2135; 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
Secs. 11202(f), 11232(e), and 11246(b) of
Public Law 105–33, 111 Stat. 251; Sec.
831.201(g) also issued under Secs. 7(b) and
(e) of Public Law 105–274, 112 Stat. 2419;
Sec. 831.201(i) also issued under Secs. 3 and
7(c) of Public Law 105–274, 112 Stat. 2419;
Sec. 831.204 also issued under Sec. 102(e) of
Public Law 104–8, 109 Stat. 102, as amended
by Sec. 153 of Public Law 104–134, 110 Stat.
1321; Sec. 831.205 also issued under Sec.
2207 of Public Law 106–265, 114 Stat. 784;
Sec. 831.206 also issued under Sec. 1622(b)
of Public Law 104–106, 110 Stat. 515; Sec.
831.301 also issued under Sec. 2203 of Public
Law 106–265, 114 Stat. 780; Sec. 831.303
also issued under 5 U.S.C. 8334(d)(2) and
Sec. 2203 of Public Law 106–235, 114 Stat.
780; Sec. 831.502 also issued under 5 U.S.C.
8337; Sec. 831.502 also issued under Sec.
1(3), E.O. 11228, 3 CFR 1965–1965 Comp. p.
317; Sec. 831.663 also issued under Secs.
8339(j) and (k)(2); Secs. 831.663 and 831.664
also issued under Sec. 11004(c)(2) of Public
Law 103–66, 107 Stat. 412; Sec. 831.682 also
issued under Sec. 201(d) of Public Law 99–
251, 100 Stat. 23; Sec. 831.912 also issued
under Sec. 636 of Appendix C to Public Law
106–554, 114 Stat. 2763A–164; Subpart V
also issued under 5 U.S.C. 8343a and Sec.
6001 of Public Law 100–203, 101 Stat. 1330–
275; Sec. 831.2203 also issued under Sec.
7001(a)(4) of Public Law 101–508, 104 Stat.
1388–328.
Subpart B—Coverage
2. Add § 831.206 to subpart B to read
as follows:
■
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Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations
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§ 831.206 Continuation of coverage for
former Federal employees of the Civilian
Marksmanship Program.
PART 842—FEDERAL EMPLOYEES
RETIREMENT SYSTEM—BASIC
ANNUITY
(a) A Federal employee who—
(1) Was covered under CSRS;
(2) Was employed by the Department
of Defense to support the Civilian
Marksmanship Program as of the day
before the date of the transfer of the
Program to the Corporation for the
Promotion of Rifle Practice and
Firearms Safety; and
(3) Was offered and accepted
employment by the Corporation as part
of the transition described in section
1612(d) of Public Law 104–106, 110
Stat. 517—remains covered by CSRS
during continuous employment with the
Corporation unless the individual files
an election under paragraph (c) of this
section. Such a covered individual is
treated as if he or she were a Federal
employee for purposes of this part, and
of any other part within this title
relating to CSRS. The individual is
entitled to the benefits of, and is subject
to all conditions under, CSRS on the
same basis as if the individual were an
employee of the Federal Government.
(b) Cessation of employment with the
Corporation for any period terminates
eligibility for coverage under CSRS
during any subsequent employment by
the Corporation.
(c) An individual described by
paragraph (a) of this section may at any
time file an election to terminate
continued coverage under the Federal
benefits described in § 1622(a) of Public
Law 104–106, 110 Stat. 521. Such an
election must be in writing and filed
with the Corporation. It takes effect
immediately when received by the
Corporation. The election applies to all
Federal benefits described by § 1622(a)
of Public Law 104–106, 110 Stat. 521,
and is irrevocable. Upon receipt of an
election, the Corporation must transmit
the election to OPM with the
individual’s retirement records.
(d) The Corporation must withhold
from the pay of an individual described
by paragraph (a) of this section an
amount equal to the percentage
withheld from the pay of a Federal
employee for periods of service covered
by CSRS and, in accordance with
procedures established by OPM, pay
into the Civil Service Retirement and
Disability Fund the amounts deducted
from the individual’s pay.
(e) The Corporation must, in
accordance with procedures established
by OPM, pay into the Civil Service
Retirement and Disability Fund
amounts equal to any agency
contributions required under CSRS.
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16:12 Dec 15, 2009
Jkt 220001
3. The authority citation for part 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 Secs.
3 and 7(c) of Public Law 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 Sec. 102(e) of Public Law 104–
8, 109 Stat. 102, as amended by Sec. 153 of
Public Law 104–134, 110 Stat. 1321–102;
Sec. 842.107 also issued under Secs.
11202(f), 11232(e), and 11246(b) of Public
Law 105–33, 111 Stat. 251, and Sec. 7(b) of
Public Law 105–274, 112 Stat. 2419; Sec.
842.108 also issued under Sec. 7(e) of Public
Law 105–274, 112 Stat. 2419; Sec. 842.109
also issued under Sec. 1622(b) of Public Law
104–106, 110 Stat. 515; Sec. 842.213 also
issued under 5 U.S.C. 8414(b)(1)(B) and
Sec.1313(b)(5) of Public Law 107–296, 116
Stat. 2135; Secs. 842.304 and 842.305 also
issued under Sec. 321(f) of Public Law 107–
228, 116 Stat. 1383, 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 Sec.
7001(a)(4) of Public Law 101–508, 104 Stat.
1388; Sec. 842.707 also issued under Sec.
6001 of Public Law 100–203, 101 Stat. 1300;
Sec. 842.708 also issued under Sec. 4005 of
Public Law 101–239, 103 Stat. 2106 and Sec.
7001 of Public Law 101–508, 104 Stat. 1388;
Subpart H also issued under 5 U.S.C. 1104;
Sec. 842.810 also issued under Sec. 636 of
Appendix C to Public Law 106–554 at 114
Stat. 2763A–164; Sec. 842.811 also issued
under Sec. 226(c)(2) of Public Law 108–176,
117 Stat. 2529.
Subpart A—Coverage
■
4. Add § 842.109 to read as follows:
§ 842.109 Continuation of coverage for
former Federal employees of the Civilian
Marksmanship Program.
(a) A Federal employee who was
covered under FERS;
(1) Was employed by the Department
of Defense to support the Civilian
Marksmanship Program as of the day
before the date of the transfer of the
Program to the Corporation for the
Promotion of Rifle Practice and
Firearms Safety; and
(2) Was offered and accepted
employment by the Corporation as part
of the transition described in section
1612(d) of Public Law 104–106, 110
Stat. 517—remains covered by FERS
during continuous employment with the
Corporation unless the individual files
an election under paragraph (c) of this
section. Such a covered individual is
treated as if he or she were a Federal
employee for purposes of this part, and
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
of any other part within this title
relating to FERS. The individual is
entitled to the benefits of, and is subject
to all conditions under, FERS on the
same basis as if the individual were an
employee of the Federal Government.
(b) Cessation of employment with the
Corporation for any period terminates
eligibility for coverage under FERS
during any subsequent employment by
the Corporation.
(c) An individual described by
paragraph (a) of this section may at any
time file an election to terminate
continued coverage under the Federal
benefits described in § 1622(a) of Public
Law 104–106, 110 Stat. 521. Such an
election must be in writing and filed
with the Corporation. It takes effect
immediately when received by the
Corporation. The election applies to any
and all Federal benefits described by
section 1622(a) of Public Law 104–106,
110 Stat. 521, and is irrevocable. The
Corporation must transmit the election
to OPM with the individual’s retirement
records.
(d) The Corporation must withhold
from the pay of an individual described
by paragraph (a) of this section an
amount equal to the percentage
withheld from the pay of a Federal
employee for periods of service covered
by FERS and, in accordance with
procedures established by OPM, pay
into the Civil Service Retirement and
Disability Fund the amounts deducted
from the individual’s pay.
(e) The Corporation must, in
accordance with procedures established
by OPM, pay into the Civil Service
Retirement and Disability Fund
amounts equal to any agency
contributions required under FERS.
PART 870—FEDERAL EMPLOYEES’
GROUP LIFE INSURANCE PROGRAM
5. The authority citation for part 870
is revised to read as follows:
■
Authority: 5 U.S.C. 8716; Subpart J also
issued under Sec. 599C, Public Law 101–513,
104 Stat. 2064, as amended; Sec.
870.302(a)(3)(ii) also issued under Sec.153,
Public Law 104–134, 110 Stat. 1321; Sec.
870.302(a)(3) also issued under Secs.
11202(f), 11232(e), and 11246(b) and (c) of
Public Law 105–33, 111 Stat. 251 and Sec.
7(e), Public Law 105–274, 112 Stat. 2419;
Sec. 870.510 also issued under Sec. 1622(b)
of Public Law 104–106, 110 Stat. 515.
Subpart E—Coverage
■
6. Add § 870.510 to read as follows:
§ 870.510 Continuation of eligibility for
former Federal employees of the Civilian
Marksmanship Program.
(a) A Federal employee who was
employed by the Department of Defense
E:\FR\FM\16DER1.SGM
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Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 / Rules and Regulations
to support the Civilian Marksmanship
Program as of the day before the date of
the transfer of the Program to the
Corporation for the Promotion of Rifle
Practice and Firearms Safety, and was
offered and accepted employment by
the Corporation as part of the transition
described in section 1612(d) of Public
Law 104–106, 110 Stat. 517, is deemed
to be an employee for purposes of this
part during continuous employment
with the Corporation unless the
individual files an election under
§ 831.206(c) or § 842.109(c) of this title.
Such a covered individual is treated as
if he or she were a Federal employee for
purposes of this part, and of any other
part within this title relating to FEGLI.
The individual is entitled to the benefits
of, and is subject to all conditions
under, FEGLI on the same basis as if the
individual were an employee of the
Federal Government.
(b) Cessation of employment with the
Corporation for any period terminates
eligibility for coverage under FEGLI as
an employee during any subsequent
employment by the Corporation.
(c) The Corporation must withhold
from the pay of an individual described
by paragraph (a) of this section an
amount equal to the premiums withheld
from the pay of a Federal employee for
FEGLI coverage and, in accordance with
procedures established by OPM, pay
into the Employees’ Life Insurance Fund
the amounts deducted from the
individual’s pay.
(d) The Corporation must, in
accordance with procedures established
by OPM, pay into the Employees’ Life
Insurance Fund amounts equal to any
agency contributions required under
FEGLI.
PART 890—FEDERAL EMPLOYEES
HEALTH BENEFITS PROGRAM
7. The authority citation for part 890
is revised to read as follows:
mstockstill on DSKH9S0YB1PROD with RULES
■
§ 890.111 Continuation of eligibility for
former Federal employees of the Civilian
Marksmanship Program.
(a) A Federal employee who was
employed by the Department of Defense
to support the Civilian Marksmanship
Program as of the day before the date of
the transfer of the Program to the
Corporation for the Promotion of Rifle
Practice and Firearms Safety, and was
offered and accepted employment by
the Corporation as part of the transition
described in section 1612(d) of Public
Law 104–106, 110 Stat. 517, is deemed
to be an employee for purposes of this
part during continuous employment
with the Corporation unless the
individual files an election under
§ 831.206(c) or § 842.109(c) of this title.
Such a covered individual is treated as
if he or she were a Federal employee for
purposes of this part, and of any other
part within this title relating to the
FEHB Program. The individual is
entitled to the benefits of, and is subject
to all conditions under, the FEHB
Program on the same basis as if the
individual were an employee of the
Federal Government.
(b) Cessation of employment with the
Corporation for any period terminates
eligibility for coverage under the FEHB
Program as an employee during any
subsequent employment by the
Corporation.
(c) The Corporation must withhold
from the pay of an individual described
by paragraph (a) of this section an
amount equal to the premiums withheld
from the pay of a Federal employee for
FEHB coverage and, in accordance with
procedures established by OPM, pay
into the Employees Health Benefits
Fund the amounts deducted from the
individual’s pay.
(d) The Corporation must, in
accordance with procedures established
by OPM, pay into the Employees Health
Benefits Fund amounts equal to any
agency contributions required under the
FEHB Program.
[FR Doc. E9–29878 Filed 12–15–09; 8:45 am]
Authority: 5 U.S.C. 8913; Sec. 890.303
also issued under Sec. 50 U.S.C. 403p, 22
U.S.C. 4069c and 4069c–1; Subpart L also
issued under Sec. 599C of Public Law 101–
513, 104 Stat. 2064, as amended; Sec.
890.102 also issued under Secs. 11202(f),
11232(e), 11246(b) and (c) of Public Law
105–33, 111 Stat. 251; Sec. 721 of Public Law
105–261, 112 Stat. 2061 unless otherwise
noted; Sec. 890.111 also issued under Sec.
1622(b) of Public Law 104–106, 110 Stat. 515.
BILLING CODE 6325–39–P
Subpart A—Administration and
General Provisions
In Title 7 of the Code of Federal
Regulations, Parts 1200 to 1599, revised
as of January 1, 2009, on page 617, in
§ 1435.2, following the definition of
■
8. Add § 890.111 to read as follows:
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16:12 Dec 15, 2009
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DEPARTMENT OF AGRICULTURE
Commodity Credit Corporation
7 CFR Part 1435
Sugar Program Definitions
CFR Correction
PO 00000
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Fmt 4700
Sfmt 4700
66567
‘‘ability to market’’, reinstate the
definition of ‘‘allocation’’ to read as
follows:
§ 1435.2
Definitions.
*
*
*
*
*
Allocation means the division of the
beet sugar allotment among the sugar
beet processors in the United States and
the division of each State’s cane sugar
allotment among the State’s sugarcane
processors.
*
*
*
*
*
[FR Doc. E9–30019 Filed 12–15–09; 8:45 am]
BILLING CODE 1505–01–D
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
9 CFR Part 151
Recognition of Breeds and Books of
Record of Purebred Animals
CFR Correction
In Title 9 of the Code of Federal
Regulations, Parts 1 to 199, revised as of
January 1, 2009, on page 961, in § 151.1,
remove the paragraph designation from
the definition of ‘‘The Act’’ and place
the definition in alphabetical order; and
on page 970, remove the sectional
authority citation at the end of § 151.9.
[FR Doc. E9–30036 Filed 12–15–09; 8:45 am]
BILLING CODE 1505–01–D
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 23
[Docket No. CE304; Special Conditions No.
23–244–SC]
Special Conditions: Embraer (Empresa
Brasileira de Aeronautica S.A.), Model
EMB–505; Automatic Inhibition of Ice
Protection System
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Final special conditions; request
for comments.
SUMMARY: These special conditions are
issued for the Embraer model EMB–505
airplane. This airplane will have a novel
or unusual design feature(s) associated
with operation of the airframe ice
protection system. The applicable
airworthiness regulations do not contain
adequate or appropriate safety standards
for this design feature. These special
conditions contain the additional safety
standards that the Administrator
E:\FR\FM\16DER1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 240 (Wednesday, December 16, 2009)]
[Rules and Regulations]
[Pages 66565-66567]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-29878]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 74, No. 240 / Wednesday, December 16, 2009 /
Rules and Regulations
[[Page 66565]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Parts 831, 842, 870, and 890
RIN 3206-AJ55
Continuation of Eligibility for Certain Civil Service Benefits
for Former Federal Employees of the Civilian Marksmanship Program
AGENCY: U.S. Office of Personnel Management.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Office of Personnel Management is issuing final
regulations to describe conditions and procedures applicable to the
continuation of eligibility for certain civil service benefits for
former Federal employees of the Civilian Marksmanship Program.
DATES: Effective Date: December 16, 2009.
FOR FURTHER INFORMATION CONTACT: Kristine Prentice or Roxann Johnson,
202-606-0299.
SUPPLEMENTARY INFORMATION: On June 3, 2002, the Office of Personnel
Management (OPM) published (at 67 FR 38210) proposed regulations to
implement the benefit-related provisions of the ``Corporation for the
Promotion of Rifle Practice and Firearms Safety Act,'' Public Law 104-
106, 110 Stat. 515, by amending parts 831, 842, 870, and 890 of title
5, Code of Federal Regulations. The Act created a private, non-profit
corporation, and transferred the Civilian Marksmanship Program from the
Department of Defense to the new corporation. Section 1622 of the Act
provides that individuals employed by the Department of Defense to
support the Civilian Marksmanship Program as of the day before the date
of the transfer of the Program to the Corporation who were offered and
accepted employment by the Corporation as part of the transition would
continue to be eligible, during continuous employment with the
Corporation, for the Federal health, retirement, and similar benefits
(including life insurance) for which the employee would have been
eligible had the employee continued to be employed by the Department of
Defense. The final rule provides that the affected employees will be
treated under all of the applicable benefits programs on the same basis
as if the individuals had remained as employees of the Federal
Government.
OPM received no comments on the proposed rule. Since publication of
the proposed rule, OPM has further updated each of the authority
citations to reflect other changes in the law. Accordingly, we are
issuing the proposed regulations as final with only a few minor
editorial and formatting changes for clarity.
Regulatory Flexibility Act
I certify that this rule will not have a significant economic
impact on a substantial number of small entities because the proposed
rule only affects the employment benefits of a small number (estimated
to be fewer than a dozen) former Federal employees now employed by the
Corporation for the Promotion of Rifle Practice and Firearms Safety.
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 in 5 CFR Part 831
Administrative practice and procedure, Alimony, Claims, Disability
benefits, Firefighters, Government employees, Income taxes,
Intergovernmental relations, Law enforcement officers, Pensions,
Reporting and recordkeeping requirements, Retirement.
List of Subjects in 5 CFR Part 842
Air traffic controllers, Alimony, Firefighters, Government
employees, Law enforcement officers, Pensions, Retirement.
List of Subjects in 5 CFR Part 870
Administrative practice and procedure, Government employees,
Hostages, Iraq, Kuwait, Lebanon, Life insurance, Retirement.
List of Subjects in 5 CFR Part 890
Administrative practice and procedure, Government employees, Health
facilities, Health insurance, Health professions, Hostages, Iraq,
Kuwait, Lebanon, Military personnel, Reporting and recordkeeping
requirements, Retirement.
Office of Personnel Management.
John Berry,
Director.
0
The Office of Personnel Management is amending 5 CFR parts 831, 842,
870, and 890, as follows:
PART 831--RETIREMENT
0
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 also
issued under 5 U.S.C. 8336(d)(2), and Sec. 1313(b)(5) of Public Law
107-296, 116 Stat. 2135; 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 Secs. 11202(f),
11232(e), and 11246(b) of Public Law 105-33, 111 Stat. 251; Sec.
831.201(g) also issued under Secs. 7(b) and (e) of Public Law 105-
274, 112 Stat. 2419; Sec. 831.201(i) also issued under Secs. 3 and
7(c) of Public Law 105-274, 112 Stat. 2419; Sec. 831.204 also issued
under Sec. 102(e) of Public Law 104-8, 109 Stat. 102, as amended by
Sec. 153 of Public Law 104-134, 110 Stat. 1321; Sec. 831.205 also
issued under Sec. 2207 of Public Law 106-265, 114 Stat. 784; Sec.
831.206 also issued under Sec. 1622(b) of Public Law 104-106, 110
Stat. 515; Sec. 831.301 also issued under Sec. 2203 of Public Law
106-265, 114 Stat. 780; Sec. 831.303 also issued under 5 U.S.C.
8334(d)(2) and Sec. 2203 of Public Law 106-235, 114 Stat. 780; Sec.
831.502 also issued under 5 U.S.C. 8337; Sec. 831.502 also issued
under Sec. 1(3), E.O. 11228, 3 CFR 1965-1965 Comp. p. 317; Sec.
831.663 also issued under Secs. 8339(j) and (k)(2); Secs. 831.663
and 831.664 also issued under Sec. 11004(c)(2) of Public Law 103-66,
107 Stat. 412; Sec. 831.682 also issued under Sec. 201(d) of Public
Law 99-251, 100 Stat. 23; Sec. 831.912 also issued under Sec. 636 of
Appendix C to Public Law 106-554, 114 Stat. 2763A-164; Subpart V
also issued under 5 U.S.C. 8343a and Sec. 6001 of Public Law 100-
203, 101 Stat. 1330-275; Sec. 831.2203 also issued under Sec.
7001(a)(4) of Public Law 101-508, 104 Stat. 1388-328.
Subpart B--Coverage
0
2. Add Sec. 831.206 to subpart B to read as follows:
[[Page 66566]]
Sec. 831.206 Continuation of coverage for former Federal employees of
the Civilian Marksmanship Program.
(a) A Federal employee who--
(1) Was covered under CSRS;
(2) Was employed by the Department of Defense to support the
Civilian Marksmanship Program as of the day before the date of the
transfer of the Program to the Corporation for the Promotion of Rifle
Practice and Firearms Safety; and
(3) Was offered and accepted employment by the Corporation as part
of the transition described in section 1612(d) of Public Law 104-106,
110 Stat. 517--remains covered by CSRS during continuous employment
with the Corporation unless the individual files an election under
paragraph (c) of this section. Such a covered individual is treated as
if he or she were a Federal employee for purposes of this part, and of
any other part within this title relating to CSRS. The individual is
entitled to the benefits of, and is subject to all conditions under,
CSRS on the same basis as if the individual were an employee of the
Federal Government.
(b) Cessation of employment with the Corporation for any period
terminates eligibility for coverage under CSRS during any subsequent
employment by the Corporation.
(c) An individual described by paragraph (a) of this section may at
any time file an election to terminate continued coverage under the
Federal benefits described in Sec. 1622(a) of Public Law 104-106, 110
Stat. 521. Such an election must be in writing and filed with the
Corporation. It takes effect immediately when received by the
Corporation. The election applies to all Federal benefits described by
Sec. 1622(a) of Public Law 104-106, 110 Stat. 521, and is irrevocable.
Upon receipt of an election, the Corporation must transmit the election
to OPM with the individual's retirement records.
(d) The Corporation must withhold from the pay of an individual
described by paragraph (a) of this section an amount equal to the
percentage withheld from the pay of a Federal employee for periods of
service covered by CSRS and, in accordance with procedures established
by OPM, pay into the Civil Service Retirement and Disability Fund the
amounts deducted from the individual's pay.
(e) The Corporation must, in accordance with procedures established
by OPM, pay into the Civil Service Retirement and Disability Fund
amounts equal to any agency contributions required under CSRS.
PART 842--FEDERAL EMPLOYEES RETIREMENT SYSTEM--BASIC ANNUITY
0
3. The authority citation for part 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 Secs.
3 and 7(c) of Public Law 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 Sec. 102(e) of Public Law 104-8, 109 Stat. 102, as
amended by Sec. 153 of Public Law 104-134, 110 Stat. 1321-102; Sec.
842.107 also issued under Secs. 11202(f), 11232(e), and 11246(b) of
Public Law 105-33, 111 Stat. 251, and Sec. 7(b) of Public Law 105-
274, 112 Stat. 2419; Sec. 842.108 also issued under Sec. 7(e) of
Public Law 105-274, 112 Stat. 2419; Sec. 842.109 also issued under
Sec. 1622(b) of Public Law 104-106, 110 Stat. 515; Sec. 842.213 also
issued under 5 U.S.C. 8414(b)(1)(B) and Sec.1313(b)(5) of Public Law
107-296, 116 Stat. 2135; Secs. 842.304 and 842.305 also issued under
Sec. 321(f) of Public Law 107-228, 116 Stat. 1383, 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 Sec. 7001(a)(4) of Public Law 101-508, 104
Stat. 1388; Sec. 842.707 also issued under Sec. 6001 of Public Law
100-203, 101 Stat. 1300; Sec. 842.708 also issued under Sec. 4005 of
Public Law 101-239, 103 Stat. 2106 and Sec. 7001 of Public Law 101-
508, 104 Stat. 1388; Subpart H also issued under 5 U.S.C. 1104; Sec.
842.810 also issued under Sec. 636 of Appendix C to Public Law 106-
554 at 114 Stat. 2763A-164; Sec. 842.811 also issued under Sec.
226(c)(2) of Public Law 108-176, 117 Stat. 2529.
Subpart A--Coverage
0
4. Add Sec. 842.109 to read as follows:
Sec. 842.109 Continuation of coverage for former Federal employees of
the Civilian Marksmanship Program.
(a) A Federal employee who was covered under FERS;
(1) Was employed by the Department of Defense to support the
Civilian Marksmanship Program as of the day before the date of the
transfer of the Program to the Corporation for the Promotion of Rifle
Practice and Firearms Safety; and
(2) Was offered and accepted employment by the Corporation as part
of the transition described in section 1612(d) of Public Law 104-106,
110 Stat. 517--remains covered by FERS during continuous employment
with the Corporation unless the individual files an election under
paragraph (c) of this section. Such a covered individual is treated as
if he or she were a Federal employee for purposes of this part, and of
any other part within this title relating to FERS. The individual is
entitled to the benefits of, and is subject to all conditions under,
FERS on the same basis as if the individual were an employee of the
Federal Government.
(b) Cessation of employment with the Corporation for any period
terminates eligibility for coverage under FERS during any subsequent
employment by the Corporation.
(c) An individual described by paragraph (a) of this section may at
any time file an election to terminate continued coverage under the
Federal benefits described in Sec. 1622(a) of Public Law 104-106, 110
Stat. 521. Such an election must be in writing and filed with the
Corporation. It takes effect immediately when received by the
Corporation. The election applies to any and all Federal benefits
described by section 1622(a) of Public Law 104-106, 110 Stat. 521, and
is irrevocable. The Corporation must transmit the election to OPM with
the individual's retirement records.
(d) The Corporation must withhold from the pay of an individual
described by paragraph (a) of this section an amount equal to the
percentage withheld from the pay of a Federal employee for periods of
service covered by FERS and, in accordance with procedures established
by OPM, pay into the Civil Service Retirement and Disability Fund the
amounts deducted from the individual's pay.
(e) The Corporation must, in accordance with procedures established
by OPM, pay into the Civil Service Retirement and Disability Fund
amounts equal to any agency contributions required under FERS.
PART 870--FEDERAL EMPLOYEES' GROUP LIFE INSURANCE PROGRAM
0
5. The authority citation for part 870 is revised to read as follows:
Authority: 5 U.S.C. 8716; Subpart J also issued under Sec.
599C, Public Law 101-513, 104 Stat. 2064, as amended; Sec.
870.302(a)(3)(ii) also issued under Sec.153, Public Law 104-134, 110
Stat. 1321; Sec. 870.302(a)(3) also issued under Secs. 11202(f),
11232(e), and 11246(b) and (c) of Public Law 105-33, 111 Stat. 251
and Sec. 7(e), Public Law 105-274, 112 Stat. 2419; Sec. 870.510 also
issued under Sec. 1622(b) of Public Law 104-106, 110 Stat. 515.
Subpart E--Coverage
0
6. Add Sec. 870.510 to read as follows:
Sec. 870.510 Continuation of eligibility for former Federal employees
of the Civilian Marksmanship Program.
(a) A Federal employee who was employed by the Department of
Defense
[[Page 66567]]
to support the Civilian Marksmanship Program as of the day before the
date of the transfer of the Program to the Corporation for the
Promotion of Rifle Practice and Firearms Safety, and was offered and
accepted employment by the Corporation as part of the transition
described in section 1612(d) of Public Law 104-106, 110 Stat. 517, is
deemed to be an employee for purposes of this part during continuous
employment with the Corporation unless the individual files an election
under Sec. 831.206(c) or Sec. 842.109(c) of this title. Such a
covered individual is treated as if he or she were a Federal employee
for purposes of this part, and of any other part within this title
relating to FEGLI. The individual is entitled to the benefits of, and
is subject to all conditions under, FEGLI on the same basis as if the
individual were an employee of the Federal Government.
(b) Cessation of employment with the Corporation for any period
terminates eligibility for coverage under FEGLI as an employee during
any subsequent employment by the Corporation.
(c) The Corporation must withhold from the pay of an individual
described by paragraph (a) of this section an amount equal to the
premiums withheld from the pay of a Federal employee for FEGLI coverage
and, in accordance with procedures established by OPM, pay into the
Employees' Life Insurance Fund the amounts deducted from the
individual's pay.
(d) The Corporation must, in accordance with procedures established
by OPM, pay into the Employees' Life Insurance Fund amounts equal to
any agency contributions required under FEGLI.
PART 890--FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM
0
7. The authority citation for part 890 is revised to read as follows:
Authority: 5 U.S.C. 8913; Sec. 890.303 also issued under Sec.
50 U.S.C. 403p, 22 U.S.C. 4069c and 4069c-1; Subpart L also issued
under Sec. 599C of Public Law 101-513, 104 Stat. 2064, as amended;
Sec. 890.102 also issued under Secs. 11202(f), 11232(e), 11246(b)
and (c) of Public Law 105-33, 111 Stat. 251; Sec. 721 of Public Law
105-261, 112 Stat. 2061 unless otherwise noted; Sec. 890.111 also
issued under Sec. 1622(b) of Public Law 104-106, 110 Stat. 515.
Subpart A--Administration and General Provisions
0
8. Add Sec. 890.111 to read as follows:
Sec. 890.111 Continuation of eligibility for former Federal employees
of the Civilian Marksmanship Program.
(a) A Federal employee who was employed by the Department of
Defense to support the Civilian Marksmanship Program as of the day
before the date of the transfer of the Program to the Corporation for
the Promotion of Rifle Practice and Firearms Safety, and was offered
and accepted employment by the Corporation as part of the transition
described in section 1612(d) of Public Law 104-106, 110 Stat. 517, is
deemed to be an employee for purposes of this part during continuous
employment with the Corporation unless the individual files an election
under Sec. 831.206(c) or Sec. 842.109(c) of this title. Such a
covered individual is treated as if he or she were a Federal employee
for purposes of this part, and of any other part within this title
relating to the FEHB Program. The individual is entitled to the
benefits of, and is subject to all conditions under, the FEHB Program
on the same basis as if the individual were an employee of the Federal
Government.
(b) Cessation of employment with the Corporation for any period
terminates eligibility for coverage under the FEHB Program as an
employee during any subsequent employment by the Corporation.
(c) The Corporation must withhold from the pay of an individual
described by paragraph (a) of this section an amount equal to the
premiums withheld from the pay of a Federal employee for FEHB coverage
and, in accordance with procedures established by OPM, pay into the
Employees Health Benefits Fund the amounts deducted from the
individual's pay.
(d) The Corporation must, in accordance with procedures established
by OPM, pay into the Employees Health Benefits Fund amounts equal to
any agency contributions required under the FEHB Program.
[FR Doc. E9-29878 Filed 12-15-09; 8:45 am]
BILLING CODE 6325-39-P
