skip to main content

H.R. 5102 (100th): Federal Employees Health Benefits Amendments Act of 1988


The text of the bill below is as of Nov 14, 1988 (Passed Congress).


PUBLIC LAW 100-654—NOV. 14, 1988                                     102 STAT. 3837

Public Law 100-654
100th Congress
                                      An Act
To amend the provisions of title 5, United States Code, relating to the health benefits    Nov. 14, 1988
           program for Federal employees and certain other individuals.                     [H.R. 5102]

 Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,                                           Federal
                                                                                          Employees
SECTION 1. SHORT TITLE.                                                                   Health Benefits
                                                                                          Amendments
 This Act may be cited as the "Federal Employees Health Benefits                          Act of 1988.
Amendments Act of 1988".                                                                  5 u s e 8901 note.


      TITLE I—PROVISIONS RELATING TO
          HEALTH CARE PROVIDERS
SEC. 101. AUTHORITY TO IMPOSE DEBARMENT AND OTHER SANCTIONS.
  (a) IN GENERAL.—Title 5, United States Code, is amended by
inserting after section 8902 the following:
"§ 8902a. Debarment and other sanctions
  "(aXD For the purpose of this section—
        "(A) the term 'provider of health care services or supplies* or
     'provider' means a physician, hospital, or other individual or
     entity which furnishes health care services or supplies;
        "(B) the term 'individual covered under this chapter' or 'cov-
     ered individual' means an employee, annuitant, family member,
     or former spouse covered by a health benefits plan described by
     section 8903 or 8903a; and
        "(C) an individual or entity shall be considered to have been
     'convicted' of a criminal offense if—
             "(i) a judgment of conviction for such offense has been
          entered against the individual or entity by a Federal, State,
          or local court;
             "(ii) there has been a finding of guilt against the individ-
          ual or entity by a Federal, State, or local court with respect
          to such offense;
             "(iii) a plea of guilty or nolo contendere by the individual
          or entity has been accepted by a Federal, State, or local
          court with respect to such offense; or
             "(iv) in the case of an individual, the individual has
          entered a first offender or other program pursuant to
          which a judgment of conviction for such offense has been
          withheld;
     without regard to the pendency or outcome of any appeal (other
     than a judgment of acquittal based on innocence) or request for
     relief on behalf of the individual or entity.
  "(2XA) Notwithstanding section 8902(j) or any other provision of
this chapter, if, under subsection (b) or (c), a provider is barred from
participating in the program under this chapter, no payment may be

102 STAT. 3838 PUBLIC LAW 100-654—NOV. 14, 1988 made by a carrier pursuant to any contract under this chapter (either to such provider or by reimbursement) for any service or supply furnished by such provider during the period of the debarment. Contracts. "(B) Each contract under this chapter shall contain such provi- sions as may be necessary to carry out subparagraph (A) and the other provisions of this section. "(b) The Office of Personnel Management may bar the following providers of health care services or supplies from participating in the program under this chapter: Fraud. "(1) Any provider that has been convicted, under Federal or State law, of a criminal offense relating to fraud, corruption, breach of fiduciary responsibility, or other financial misconduct in connection with the delivery of a health care service or supply. "(2) Any provider that has been convicted, under Federal or State law, of a criminal offense relating to neglect or abuse of patients in connection with the delivery of a health care service or supply. "(3) Any provider that has been convicted, under Federal or State law, in connection with the interference with or obstruc- tion of an investigation or prosecution of a criminal offense described in paragraph (1) or (2). Drugs and "(4) Any provider that has been convicted, under Federal or drug abuse. State law, of a criminal offense relating to the unlawful manu- facture, distribution, prescription, or dispensing of a controlled substance. "(5) Any provider— "(A) whose license to provide health care services or supplies has been revoked, suspended, restricted, or not renewed, by a State licensing authority for reasons relating to the provider's professional competence, professional performance, or financial integrity; or "(B) that surrendered such a license while a formal dis- ciplinary proceeding was pending before such an authority, if the proceeding concerned the provider's professional com- petence, professional performance, or financial integrity. Claims. "(c) Whenever the Office determines— "(1) in connection with a claim presented under this chapter, that a provider of health care services or supplies— (A) has charged for health care services or supplies that the provider knows or should have known were not pro- vided as claimed; or "(B) h£is charged for health care services or supplies in an amount substantially in excess of such provider's cus- tomary charges for such services or supplies, or charged for health care services or supplies which are substantially in excess of the needs of the covered individual or which are of a quality that fails to meet professionally recognized stand- ards for such services or supplies; "(2) that a provider of health care services or supplies has knowingly made, or caused to be made, any false statement or misrepresentation of a material fact which is reflected in a claim presented under this chapter; or "(3) that a provider of health care services or supplies has knowingly failed to provide any information required by a carrier or by the Office to determine whether a payment or
PUBLIC LAW 100-654—NOV. 14, 1988 102 STAT. 3839 reimbursement is payable under this chapter or the amount of any such payment or reimbursement; the Office may, in addition to any other penalties that may be prescribed by law, and after consultation with the Attorney Gen- eral, impose a civil monetary penalty of not more than $10,000 for any item or service involved. In addition, such a provider shall be subject to an assessment of not more than twice the amount claimed for each such item or service. In addition, the Office may make a determination in the same proceeding to bar such provider from participating in the program under this chapter. "(d) The Office— "(1) may not initiate any debarment proceeding against a provider, based on such provider's having been convicted of a criminal offense, later than 6 years after the date on which such provider is so convicted; and "(2) may not initiate any action relating to a civil penalty. Claims. assessment, or debarment under this section, in connection with any claim, later than 6 years after the date the claim is pre- sented, as determined under regulations prescribed by the Office. "(e) In making a determination relating to the appropriateness of Claims. imposing or the period of any debarment under this section, or the appropriateness of imposing or the amount of any civil penalty or assessment under this section, the Office shall take into account— "(1) the nature of any claims involved and the circumstances under which they were presented; "(2) the degree of culpability, history of prior offenses or improper conduct of the provider involved; and "(3) such other matters £is justice may require. "(fKl) The debarment of a provider under suteection (b) or (c) shall be effective at such time and upon such reasonable notice to such provider, and to carriers and covered individuals, as may be speci- fied in regulations prescribed by the Office. "(2XA) Except as provided in subparagraph (B), a debarment shall be effective with respect to any health care services or supplies furnished by a provider on or after the effective date of such provider's debarment. "(B) A debarment shall not apply with respect to inpatient institu- tional services furnished to an individual who was admitted to the institution before the date the debarment would otherwise become effective until the passage of 30 days after such date, unless the Office determines that the health or safety of the individual receiv- ing those services warrants that a shorter period, or that no such period, be afforded. "(3) Any notice referred to in paragraph (1) shall specify the date as of which debarment becomes effective and the minimum period of time for which such debarment is to remain effective. "(4XA) A provider barred from participating in the program under this chapter may, after the expiration of the minimum period of debarment referred to in paragraph (3), apply to the Office, in such manner as the Office may by regulation prescribe, for termination of the debarment. "(B) The Office may— "(i) terminate the debarment of a provider, pursuant to an application filed by such provider after the end of the minimum debarment period, if the Office determines, based on the con- duct of the applicant, that—
102 STAT. 3840 PUBLIC LAW 100-654—NOV. 14, 1988 "(I) there is no basis under subsection Ob) or (c) for continuing the debarment; and "(II) there are reasonable assurances that the types of actions which formed the basis for the original debarment have not recurred and will not recur; or "(ii) notwithstanding any provision of subparagraph (A), terminate the debarment of a provider, pursuant to an applica- tion filed by such provider before the end of the minimum debarment period, if the Office determines that— "(I) based on the conduct of the applicant, the require- ments of subclauses (I) and (II) of clause (i) have been met; and "(II) early termination under this clause is warranted based on the fact that the provider is the sole community provider or the sole source of essential specialized services in a community, or other similar circumstances. State and local "(5) The Office shall— governments. "(A) promptly notify the appropriate State or local agency or authority having responsibility for the licensing or certification of a provider barred from participation in the program under this chapter of the fact of the debarment, as well as the reasons for such debarment; "(B) request that appropriate investigations be made and sanctions invoked in accordance with applicable law and policy; and "(C) request that the State or local agency or authority keep the Office fully and currently informed with respect to any actions taken in response to the request. Records. "(6) The Office shall, upon written request and payment of a reasonable charge to defray the cost of complying with such request, furnish a current list of any providers barred from participating in the program under this chapter, including the minimum period of time remaining under the terms of each provider's debarment. "(gXD The Office may not make a determination under subsection (b) or (c) adverse to a provider of health care services or supplies until such provider has been given written notice and an oppor- tunity for a hearing on the record. A provider is entitled to be represented by counsel, to present witnesses, and to cross-examine witnesses against the provider in any such hearing. "(2) Notwithstanding section 8912, any person adversely affected by a fined decision under paragraph (1) may obtain review of such decision in the United States (Dourt of Appeals for the Federal Circuit. A written petition requesting that the decision be modified or set aside must be filed within 60 days after the date on which such person is notified of such decision. "(3) Matters that were raised or that could have been raised in a hearing under paragraph (1) or an appeal under paragraph (2) may not be raised as a defense to a civil action by the United States to collect a penalty or assessment imposed under this section. "(h) A civil action to recover civil monetary penalties or assess- ments under subsection (c) shall be brought by the Attorney General in the name of the United States, and may be brought in the United States district court for the district where the claim involved was presented or where the person subject to the penalty resides. Amounts recovered under this section shall be paid to the Office for deposit into the Employees Health Benefits Fund.
PUBLIC LAW 100-654—NOV. 14, 1988 102 STAT. 3841 "(i) The Office shall prescribe regulations under which, with Regulations. respect to services or supplies furnished by a debarred provider to a covered individual during the period of such provider's debarment, payment or reimbursement under this chapter may be made, not- withstanding the fact of such debarment, if such individual did not know or could not reasonably be expected to have known of the debarment. In any such instance, the carrier involved shall take appropriate measures to ensure that the individual is informed of the debarment and the minimum period of time remaining under the terms of the debarment.". Ot)) CHAPTER ANALYSIS.—The analysis for chapter 89 of title 5, United States Code, is amended by inserting after the item relating to section 8902 the following: "8902a. Debarment and other sanctions.". SEC. 102. APPLICABILITY; PRIOR CONDUCT. 5 u s e 8902a note. (a) APPUCABIUTY.—The amendments made by this title shall be Contracts. effective with respect to any calendar year beginning, and contracts entered into or renewed for any calendar year beginning, after the date of the enactment of this Act. Ot>) PRIOR CONDUCT NOT T O B E CONSIDERED.—In carrying out section 8902a of title 5, United States Code, as added by this title, no debarment, civil monetary penalty, or assessment may be imposed under such section based on any criminal or other conduct occurring before the beginning of the first calendar year which begins after the date of the enactment of this Act. TITLE II—PROVISIONS RELATING TO TEMPORARY CONTINUATION OF COV- ERAGE FOR CERTAIN INDIVIDUALS SEC. 201. AUTHORITY TO CONTINUE COVERAGE. (a) AUTHORITY.— (1) IN GENERAL.—Chapter 89 of title 5, United States Code, is amended by inserting after section 8905 the following: "§ 8905a. Continued coverage "(a) Any individual described in paragraph (1) or (2) of subsection Qo) may elect to continue coverage under this chapter in accordance with the provisions of this section. "Ot)) This section applies with respect to— "(1) any employee who— "(A) is separated from service, whether voluntarily or involuntarily, except that if the separation is involuntary, this section shall not apply if the separation is for gross misconduct (£is defined under regulations which the Office of Personnel Management shall prescribe); and "(B) would not otherwise be eligible for any benefits under this chapter (determined without regard to any tem- porary extension of coverage and without regard to any benefits available under a nongroup contract); and "(2) anv individual who— "(A) ceases to meet the requirements for being considered an unmarried dependent child under this chapter;
102 STAT. 3842 PUBLIC LAW 100-654—NOV. 14, 1988 "(B) on the day before so ceasing to meet the require- ments referred to in subparagraph (A), was covered under a health benefits plan under this chapter as a member of the family of an employee or annuitant; and "(C) would not otherwise be eligible for any benefits under this chapter (determined without regard to any tem- porary extension of coverage and without regard to any benefits available under a nongroup contract). Regulations. "(cXD The Office shall prescribe regulations and provide for the Contracts. inclusion of appropriate terms in contracts with carriers to provide that— "(A) with respect to an employee who becomes (or will become) eligible for continued coverage under this section as a result of separation from service, the separating agency shall, before the end of the 30-day period beginning on the date as of which coverage (including any temporary extensions of cov- erage) would otherwise end, notify the individual of such individual's rights under this section; and Children and "(B) with respect to a child of an employee or annuitant who youth. becomes eligible for continued coverage under this section as a result of ceasing to meet the requirements for being considered a member of the employee's or annuitant's family— "(i) the employee or annuitant may provide written notice of the child's change in status (complete with the child's name, address, and such other information as the Office may by regulation require)— "(I) to the employee's employing agency; or "(II) in the case of an annuitent, to the Office; and "(ii) if the notice referred to in clause (i) is received within 60 days after the date as of which the child involved first ceases to meet the requirements involved, the emplojring agency or the Office (as the case may be) must, within 14 days after receiving such notice, notify the child of such child's rights under this section. "(2) In order to obtain continued coverage under this section, an appropriate written election (submitted in such manner as the Office by regulation prescribes) must be made— "(A) in the case of an individual seeking continued coverage based on a separation from service, before the end of the 60-day period b a n n i n g on the later of— "(i) the effective date of the separation; or "(ii) the date the separated individual receives the notice required under paragraph (IXA); or "(B) in the case of an individual seeking continued coverage based on a change in circumstances making such individual ineligible for coverage as an unmarried dependent child, before the end of the 60-day period b ^ i n n i n g on the later of— "(i) the date as of which such individual first ceases to meet the requirements for being considered an unmarried dependent child; or "(ii) the date such individual receives notice under para- graph (IXBXii); except that if a parent fails to provide the notice required under paragraph (IXBXi) in timely fashion, the 60-day period under this subparagraph shall be based on the date under clause (i), irrespective of whether or not any notice under paragraph (IXBXu) is provided.
PUBLIC LAW 100-654—NOV. 14, 1988 102 STAT. 3843 "(dXlXA) An individual receiving continued coverage under this section shall be required to pay currently into the Employees Health Benefits Fund, under arrangements satisfactory to the Office, an amount equal to the sum of— "(i) the employee and agency contributions which would be required in the case of an employee enrolled in the same health benefits plan and level of benefits; and "(ii) an amount, determined under regulations prescribed by the Office, necessary for administrative expenses, but not to exceed 2 percent of the total amount under clause (i). "(B) Payments under this section to the Fund shall— "(i) in the case of an individual whose continued coverage is based on such individual's separation, be made through the agency which last employed such individual; or "(ii) in the case of an individual whose continued coverage is based on a change in circumstances referred to in subsection (c)(2)(B), be made through— "(I) the Office, if, at the time cover£^e would (but for this section) otherwise have been discontinued, the individual was covered as the child of an annuitant; or "(II) if, at the time referred to in subclause (I), the individual was covered as the child of an employee, the employee's employing agency as of such time. "(2) If an individual elects to continue coverage under this section before the end of the applicable period under subsection (cX2), but after such individual's coverage under this chapter (including any temporary extensions of coverage) expires, coverage shall he re- stored retroactively, with appropriate contributions (determined in accordance with paragraph (1)) and claims (if any), to the same extent and effect as though no break in coverage had occurred. "(3XA) An individual making an election under subsection (cX2XB) may, at such individual's option, elect coverage either as an individ- ual or, if appropriate, for self and family. "(B) For the purpose of this paragraph, members of an individual's family shall be determined in the same way as would apply under this chapter in the case of an enrolled employee. "(C) Nothing in this paragraph shall be considered to limit an individual making an election under subsection (cX2XA) to coverage for self alone. "(eXD Continued coverage under this section may not extend beyond— "(A) in the case of an individual whose continued coverage is based on separation from service, the date which is 18 months after the effective date of the separation; or "(B) in the case of an individual whose continued coverage is based on ceasing to meet the requirements for being considered an unmarried dependent child, the date which is 36 months J after the date on which the individual first ceases to meet those requirements, subject to paragraph (2). "(2) In the case of an individual who— "(A) ceases to meet the requirements for being considered an unmarried dependent child; "(B) as of the day before so ceasing to meet the requirements referred to in subparagraph (A), was covered as the child of a former employee receiving continued coverage under this sec- tion based on the former employee's separation from service; and
102 STAT. 3844 PUBLIC LAW 100-654—NOV. 14, 1988 "(C) so ceases to meet the requirements referred to in subparagraph (A) before the end of the 18-month period begin- ning on the date of the former employee's separation from service, extended coverage under this section may not extend beyond the date which is 36 months after the separation date referred to in subparagraph (C). Regulations. "(fKD The Office shall prescribe regulations under which, in addition to any individual otherwise eligible for continued coverage under this section, and to the extent practicable, continued coverage may also, upon appropriate written application, be afforded under this section— "(A) to any individual who— "(i) if subparagraphs (A) and (C) of paragraph (10) of section 8901 were disregarded, would be eligible to be considered a former spouse within the meaning of such paragraph; but "(ii) would not, but for this subsection, be eligible to be so considered; and "(B) to any individual whose coverage as a family member would otherwise terminate as a result of a legal separation. "(2) The terms and conditions for coverage under the regulations shall include— "(A) consistent with subsection (c), £my necessary notification provisions, and provisions under which an election period of at least 60 days' duration is afforded; "(B) terms and conditions identical to those under subsection (d), except that contributions to the Employees Health Benefits Fund shall be made through such agency as the Office by regulation prescribes; "(C) provisions relating to the termination of continued cov- erage, except that continued coverage under this section may not (subject to paragraph (3)) extend beyond the date which is 36 months after the date on which the qualifying event under this subsection (the date of divorce, annulment, or legal separation, as the case may be) occurs; and "(D) provisions designed to ensure that any coverage pursuant to this subsection does not adversely affect any eligibility for coverage which the individual involved might otherwise have under this chapter (including as a result of any change in personal circumstances) if this subsection had not been enacted. "(3) In the case of an individual— "(A) who becomes eligible for continued coverage under this subsection based on a divorce, annulment, or legal separation from a person who, as of the day before the date of the divorce, annulment, or legal separation (as the case may be) was receiv- ing continued coverage under this section for self and family based on such person's separation from service; and "(B) whose divorce, annulment, or legal separation (as the case may be) occurs before the end of the 18-month period beginning on the date of the separation from service referred to in subparagraph (A), extended coverage under this section may not extend beyond the date which is 36 months after the date of the separation from service, as referred to in subparagraph (A).".
PUBLIC LAW 100-654—NOV. 14, 1988 102 STAT. 3845 (2) TABLE OF SECTIONS.—The table of sections for chapter 89 of title 5, United States Code, is amended by inserting after the item relating to section 8905 the following: "8905a. Continued coverage.". (b) OPTION T O CONVERT TO A NONGROUP CONTRACT AFTER CON- TINUED COVERAGE ENDS.—Section 8902(g) of title 5, United States Code, is amended by striking "or former spouse" each place it appears and inserting "former spouse, or jperson having continued coverage under section 8905a of this title'. (c) CHANGE OF COVERAGE BASED ON CHANGE IN FAMILY STATUS.— Section 8905(e) of title 5, United States Code, is amended by striking "or former spouse" and inserting "former spouse, or person having continued coverage under section 8905a of this title". (d) OPEN SEASON.—Section 8905(f) of title 5, United States Code, is amended— (1) by striking "or former spouse" each place it appears and inserting "former spouse, or person having continued coverage under section 8905a of this title"; and (2) by adding at the end the following: "(3XA) In addition to any informational requirements otherwise applicable under this chapter, the regulations shall include provi- sions to ensure that each employee eligible to enroll in a health benefits plan under this chapter (whether actually enrolled or not) is notified in writing as to the rights afforded under section 8905a of this title. "(B) Notification under this paragraph shall be provided by emplo3dng agencies at an appropriate point in time before each period under paragraph (1) so that employees may be aware of their rights under section 8905a of this title when making enrollment decisions during such period.". SEC. 202. TECHNICAL AND CONFORMING AMENDMENTS. (a) Sections 89020"), 8902(kXl), and 8909(d) of title 5, United States Code, are amended by striking "or former spouse" each place it appears and inserting "former spouse, or person having continued coverage under section 8905a of this title". Qy) Section 8903(1) of title 5, United States (Dode, is amended— (1) by striking "or former spouses," and inserting "former spouses, or persons having continued coverage under section 8905a of this title,"; and (2) by striking "or former spouse." and inserting "former spouse, or person having continued coverage under section 8905a of this title.". (c) Section 8905(d) of title 5, United States C!ode, is amended to read as follows: "(d) If an employee, annuitant, or other individual eligible to enroll in a health benefits plan under this chapter has a spouse who is also eligible to enroll, either spouse, but not both, may enroll for self and family, or each spouse may enroll £is an individual. How- ever, an individual may not be enrolled both as an employee, annuitant, or other individual eligible to enroll and as a member of the family.". SEC. 203. APPLICABILITY. 5 USC 8902 note. (a) I N GENERAL.—The amendments made by this title shall apply with respect to—
102 STAT. 3846 PUBLIC LAW 100-654—NOV. 14, 1988 Contracts. (1) any Calendar year beginning, and contracts entered into or renewed for any calendar year beginning, after the end of the 9- month period beginning on the date of the enactment of this Act; and (2) any qualifying event occurring on or after the first day of the first calendar year beginning after the end of the 9-month period referred to in paragraph (1). (b) DEFINITION.—For the purpose of this section, the term "qualify- ing event" means any of the following events: (1) A separation from Government service. (2) A divorce, annulment, or legal separation. (3) Any change in circumstances which causes an individual to become ineligible to be considered an unmarried dependent child under chapter 89 of such title. TITLE III—HEALTH INSURANCE COVER- AGE FOR TEMPORARY EMPLOYEES SEC. 301. HEALTH INSURANCE COVERAGE FOR TEMPORARY EMPLOYEES. (a) IN GENERAL.—Chapter 89 of title 5, United States Code, is amended by inserting after section 8906 the following new section: Regulations. "§ g906a. Temporary employees "(a)(1) The Office of Personnel Management shall prescribe regu- lations to provide for offering health benefits plans to temporary employees (who meet the requirements of paragraph (2)) under the provisions of this chapter. "(2) To be eligible to participate in a health benefits plan offered under this section a temporary employee shall have completed 1 year of current continuous employment, excluding any break in service of 5 days or less. "(b) Notwithstanding the provisions of section 8906— "(1) any temporary employee enrolled in a health benefits plan under this section shall have an amount withheld from the pay of such employee, as determined by the Office of Personnel Management, equal to— "(A) the amount withheld from the pay of an employee under the provisions of section 8906; and "(B) the amount of the Government contribution for an employee under section 8906; and "(2) the employing agency of any such temporary employee shall not pay the Government contribution under the provisions of section 8906.". (b) CONFORMING AMENDMENT.—The table of sections for chapter 89 of title 5, United States Code, is amended by inserting after the item relating to section 8906 the following: "8906a. Temporary employees.". (c) REGULATIONS.—Section 8913(b) of title 5, United States Code, is amended— (1) in paragraph (2) by striking out "or" at the end thereof; (2) in paragraph (3) by striking out the period and inserting in lieu thereof a semicolon and "or '; and (3) by adding at the end thereof the following new paragraph: "(4) an employee who is employed on a temporary basis and is , eligible under section 8906a(a).".
PUBLIC LAW 100-654—NOV. 14, 1988 102 STAT. 3847 (d) EFFECTIVE DATE.—The amendments made by this section shall 5 use 8906a be effective 120 days after the date of enactment of this section. ^°^- TITLE IV—PROVISIONS RELATING TO CONTRIBUTIONS BY JUSTICES AND JUDGES TO THE THRIFT SAVINGS FUND SEC. 401. CONTRIBUTIONS BY JUSTICES AND JUDGES TO THE THRIFT SAVINGS FUND. (a) I N GENERAL.—Subchapter III of chapter 84 of title 5, United States Code, is amended by adding at the end thereof the following new section: "§ 8440a. Justices and judges "(aXD A justice or judge of the United States as defined by section 451 of title 28 may elect to contribute an amount of such individual's basic pay to the Thrift Savings Fund. Basic pay does not include an annuity or salary received by a justice or judge who has retired under section 371 (a) or (b) or section 372(a) of title 28, United States Code. "(2) An election may be made under paragraph (1) only during a period provided under section 8432(b) for individuals subject to chapter 84 of this title: Provided, however, That a justice or judge may make the first such election within 60 days of the effective date of this section. "(bXl) Except as otherwise provided in this subsection, the provi- sions of subchapters III and VII of chapter 84 of this title shall apply with respect to justices and judges making contributions to the Thrift Savings Fund. "(2) The amount contributed by a justice or judge shedl not exceed 5 percent of basic pay. "(3) No contributions shall be made for the benefit of a justice or judge under section 8432(c) of this title. "(4) Section 8433(b) of this title applies with respect to elections available to any justice or judge who retires under section 371 (a) or (b) or section 372(a) of title 28. Retirement under section 371 (a) or (b) or section 372(a) of title 28 is a separation from service for the purposes of subchapters III and VII of chapter 84 of this title. "(5) Section 8433(d) of this title applies to any justice or judge who resigns without having met the age and service requirements set forth in section 371(c) of title 28. "(6) Sums contributed under this section and earnings attrib- utable to such sums may be invested and reinvested only in the Government Securities Investment Fund established under section 8438(bXlXA) of this title. "(7) The provisions of section 8351(bX7) of this title shall govern the rights of spouses of justices or judges contributing to the Thrift Savings F\ind under this section.". Qo) CONFORMING AMENDMENT.—The table of sections for chapter 84 of title 5, United States Code, is amended by inserting after the item relating to section 8440 the following: "8440a. Justices and judges.".
102 STAT. 3848 PUBLIC LAW 100-654—NOV. 14, 1988 Tennessee. SEC. 402. DESIGNATION OF LEWIS E. MOORE. SR. POST OFFICE BUILDING. The United States Post Office Building located at 525 Royal Parkway in Nashville, Tennessee, is designated as the "Lewis E. Moore, Sr., Post Office Building". Any reference to such building in a law, rule, map, document, record, or other paper of the United States shall be considered to be a reference to the "Lewis E. Moore, Sr., Post Office Building". Approved November 14, 1988. LEGISLATIVE HISTORY—H.R. 5102: HOUSE REPORTS: No. 100-917 (Comm. on Post Office and Civil Service). CONGRESSIONAL RECORD, Vol. 134 (1988): Sept. 16, considered and passed House. Oct. 14, considered and passed Senate, amended. Oct. 19, House concurred in Senate amendment.