Page:United States Statutes at Large Volume 114 Part 4.djvu/358

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114 STAT. 2420 PUBLIC LAW 106-518—NOV. 13, 2000 "(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.". (b) TECHNICAL AND CONFORMING AMENDMENT. —The table of sections for chapter 7 of title 28, United States Code, is amended by striking the item relating to section 179 and inserting the following: "179. Personnel application and insurance programs.". SEC. 310. LUMP-SUM PAYMENT FOR ACCUMULATED AND ACCRUED LEAVE ON SEPARATION. Section 5551(a) of title 5, United States Code, is amended in the first sentence by striking "or elects" and inserting ", is