---
kind: "section"
citation: "28 U.S.C. § 179"
title: "28"
title_heading: "Judiciary and Judicial Procedure"
number: "179"
heading: "Personnel application and insurance programs"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/28/179"
units:
  - "Part I — Organization of Courts"
  - "Chapter 7 — United States Court of Federal Claims"
---

# §179. Personnel application and insurance programs

- (a) For purposes of construing and applying [title 5](/usc/5.md), a [judge](/usc/28/351.md?p=d-1) of the United States Court of Federal Claims shall be deemed to be an “officer” under [section 2104(a)](/usc/28/2104.md) of such title.
- (b)
  - (1)
    - (A) For purposes of construing and applying [chapter 89](/usc/5/chptIII/sptG/ch89.md) of title 5, a [judge](/usc/28/351.md?p=d-1) of the United States Court of Federal Claims who—
      - (i) is retired under subsection (b) of [section 178 of this title](/usc/28/178.md), and
      - (ii) at the time of becoming such a retired [judge](/usc/28/351.md?p=d-1)—
        - (I) was enrolled in a health benefits plan under [chapter 89](/usc/5/chptIII/sptG/ch89.md) of title 5, but
        - (II) did not satisfy the requirements of [section 8905(b)(1) of title 5](/usc/5/8905.md?p=b-1) (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](/usc/5/8905.md?p=b-1), in accordance with the succeeding provisions of this paragraph, if the [judge](/usc/28/351.md?p=d-1) gives timely written notification to the [chief judge](/usc/28/351.md?p=c) of the court that the [judge](/usc/28/351.md?p=d-1) is willing to be called upon to perform judicial duties under [section 178(d) of this title](/usc/28/178.md?p=d) during the period of continued eligibility for enrollment, as described in subparagraph [(B)(ii)](#b-1-B-ii) or [(C)(ii)](#b-1-C-ii) (whichever applies).

    - (B) Except as provided in [subparagraph (C)](#b-1-C)—
      - (i) in order to be eligible for continued enrollment under this paragraph, notification under [subparagraph (A)](#b-1-A) shall be made before the first day of the open enrollment period preceding the calendar year referred to in [clause (ii)(II)](#b-1-B-ii-II); and
      - (ii) if such notification is timely made, the retired [judge](/usc/28/351.md?p=d-1) 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)](#b-1-B-i).
    - (C) For purposes of applying this paragraph for the first time in the case of any particular [judge](/usc/28/351.md?p=d-1)—
      - (i) [subparagraph (B)(i)](#b-1-B-i) shall be applied by substituting “the expiration of the term of office of the [judge](/usc/28/351.md?p=d-1)” for the matter following “before”; and
      - (ii)
        - (I) if the term of office of such [judge](/usc/28/351.md?p=d-1) expires before the first day of the open enrollment period referred to in [subparagraph (B)(i)](#b-1-B-i), the period of continued eligibility for enrollment shall be as described in [subparagraph (B)(ii)](#b-1-B-ii); but
        - (II) if the term of office of such [judge](/usc/28/351.md?p=d-1) expires on or after the first day of the open enrollment period referred to in [subparagraph (B)(i)](#b-1-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](/usc/28/351.md?p=d-1) remains enrolled under [chapter 89](/usc/5/chptIII/sptG/ch89.md) of title 5 for a period of 5 consecutive years by virtue of [paragraph (1)](#b-1) (taking into account only periods of coverage as an active [judge](/usc/28/351.md?p=d-1) immediately before retirement and as a retired [judge](/usc/28/351.md?p=d-1) pursuant to [paragraph (1)](#b-1)), then, effective as of the day following the last day of that 5-year period—
    - (A) the provisions of [chapter 89](/usc/5/chptIII/sptG/ch89.md) of title 5 shall be applied as if such [judge](/usc/28/351.md?p=d-1) had satisfied the requirements of section 8905(b)(1)[^1] on the last day of such period; and
    - (B) the provisions of [paragraph (1)](#b-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](/usc/5/8905.md?p=g-1).
- (c) For purposes of construing and applying [chapter 87](/usc/5/chptIII/sptG/ch87.md) of title 5, including any adjustment of insurance rates by regulation or otherwise, a [judge](/usc/28/351.md?p=d-1) of the United States Court of Federal Claims in regular active service or who is retired under [section 178 of this title](/usc/28/178.md) shall be deemed to be a [judge](/usc/28/351.md?p=d-1) of the United States described under [section 8701(a)(5) of title 5](/usc/5/8701.md?p=a-5).

## Footnotes

[^1]: So in original. Probably should be followed by “of title 5”.

## Source credit

(Added Pub. L. 106–518, title III, § 309(a), Nov. 13, 2000, 114 Stat. 2419.)