S. Rept. 108-283 - AMENDING CHAPTER 90 OF TITLE 5, UNITED STATES CODE, TO INCLUDE EMPLOYEES OF THE DISTRICT OF COLUMBIA COURTS AS PARTICIPANTS IN LONG TERM CARE INSURANCE FOR FEDERAL EMPLOYEES108th Congress (2003-2004)
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108th Congress Report
SENATE
2d Session 108-283
_______________________________________________________________________
Calendar No. 590
AMENDING CHAPTER 90 OF TITLE 5, UNITED STATES CODE, TO INCLUDE
EMPLOYEES OF THE DISTRICT OF COLUMBIA COURTS AS PARTICIPANTS IN LONG
TERM CARE INSURANCE FOR FEDERAL EMPLOYEES
__________
R E P O R T
of the
COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE
to accompany
S. 2322
AMENDING CHAPTER 90 OF TITLE 5, UNITED STATES CODE, TO INCLUDE
EMPLOYEES OF THE DISTRICT OF COLUMBIA COURTS AS PARTICIPANTS IN LONG
TERM CARE INSURANCE FOR FEDERAL EMPLOYEES
June 21, 2004.--Ordered to be printed
COMMITTEE ON GOVERNMENTAL AFFAIRS
SUSAN M. COLLINS, Maine, Chairman
TED STEVENS, Alaska JOSEPH I. LIEBERMAN, Connecticut
GEORGE V. VOINOVICH, Ohio CARL LEVIN, Michigan
NORM COLEMAN, Minnesota DANIEL K. AKAKA, Hawaii
ARLEN SPECTER, Pennsylvania RICHARD J. DURBIN, Illinois
ROBERT F. BENNETT, Utah THOMAS R. CARPER, Delaware
PETER G. FITZGERALD, Illinois MARK DAYTON, Minnesota
JOHN E. SUNUNU, New Hampshire FRANK LAUTENBERG, New Jersey
RICHARD C. SHELBY, Alabama MARK PRYOR, Arkansas
Michael D. Bopp, Staff Director and Chief Counsel
Jennifer A. Hemingway, Professional Staff Member
Joyce A. Rechtschaffen, Minority Staff Director and Counsel
Larry B. Novey, Minority Counsel
Nanci E. Langley, Minority Deputy Staff Director, Subcommittee on
Financial Management, the Budget, and International Security
Jennifer L. Tyree, Minority Counsel, Subcommittee on
Financial Management, the Budget, and International Security
Amy B. Newhouse, Chief Clerk
Calendar No. 590
108th Congress Report
SENATE
2d Session 108-283
======================================================================
AMENDING CHAPTER 90 OF TITLE 5, UNITED STATES CODE, TO INCLUDE
EMPLOYEES OF THE DISTRICT OF COLUMBIA COURTS AS PARTICIPANTS IN LONG
TERM CARE INSURANCE FOR FEDERAL EMPLOYEES
_______
June 21, 2004.--Ordered to be printed
_______
Ms. Collins, from the Committee on Governmental Affairs, submitted the
following
R E P O R T
[To accompany S. 2322]
The Committee on Governmental Affairs, to whom was referred
the bill (S. 2322) to amend chapter 90 of title 5, United
States Code, to include employees of the District of Columbia
courts as participants in long term care insurance for Federal
employees, having considered the same, reports favorably
thereon without amendment and recommends that the bill do pass.
CONTENTS
Page
I. Purpose and Summary..............................................1
II. Background.......................................................2
III. Legislative History..............................................3
IV. Section-by-Section Analysis......................................4
V. Estimated Cost of Legislation....................................4
VI. Evaluation of Regulatory Impact..................................5
VII. Changes in Existing Law..........................................5
I. Purpose and Summary
The Long-Term Care Security Act (LTCSA) \1\ was established
to permit qualified Federal employees to purchase at their own
expense private long-term care insurance at a group discount.
While employees of the District of Columbia courts were
permitted to participate in the Federal government's long-term
care insurance program in 2003, they were inadvertently removed
from the program with passage of the FY 2004 National Defense
Authorization Act (NDAA). S. 2322 would restore eligibility for
employees of the D.C. courts to participate in the Federal
employee's long-term care insurance program.
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\1\ Public Law No. 106-265 (2000).
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II. Background
The Long-Term Care Security Act (LTCSA) was enacted to
permit Federal civilian employees, members of the uniformed
services, as well as civilian and military retireesto purchase
private, long-term care insurance for themselves and qualified
relatives at a group discount.
``Long-term care'' refers to a broad range of supportive,
medical, personal, and social services designed for individuals
who are limited in their ability to function independently on a
daily basis. Long-term care needs may arise at any time due to
an injury, chronic illness, or the effects of the natural aging
process. Functional dependency is generally defined as the
inability to function independently, perform essential
activities of daily living such as dressing, bathing, eating,
transferring (e.g., from a bed to a chair), walking, or the
inability to perform instrumental activities of daily living
such as shopping, preparing meals, taking medicine, and
housekeeping.\2\ Assistance with these activities may require
hands-on assistance or direction, instruction, or supervision
from another individual. Long-term care services can be
provided in a nursing home, an assisted living facility, the
community, or in the home.\3\
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\2\ House Report No. 106-610, p. 5.
\3\ Ibid.
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According to the Office of Personnel Management (OPM), as
of April 30, 2004, there were 202,818 Federal and postal
employees enrolled in the long-term care program.\4\ Before the
program's enactment, OPM estimated that the program could
reduce the cost of long-term care insurance premiums for
covered employees by up to 20 percent.\5\
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\4\ Data from the FSA, Life and Long Term Care Insurances Group in
the Office of the Assistant Director for Insurance Services Program in
the Center for Retirement and Insurance Services Program in the
Division for Human Resources Products and Services at the U.S. Office
of Personnel Management (June 7, 2004).
\5\ House Report No. 106-20, p. 61.
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District of Columbia Employees
The LTCSA initially precluded the participation of
employees of the District of Columbia government from
participating in the long-term care program. However, on
February 20, 2003, the Consolidated Appropriations Resolution
for FY 2003 was signed into law.\6\ The legislation included a
provision that amended the definition of an eligible employee
under the LTCSA to specifically extend eligibility to employees
of District of Columbia courts. According to the Senate
Appropriations Committee Report on the FY 2003 District of
Columbia Appropriations bill, the Committee recommended the
provision allowing employees of the District of Columbia courts
to enroll in the Federal long-term care insurance program in
order to be consistent with other Federal benefits provided to
D.C. court employees.\7\ Long-term care insurance is available
to other quasi-Federal agencies and to other District agencies
under Federal oversight pursuant to the National Capital
Revitalization and Self-Government Improvement Act of 1997 and
the Court Services and Offender Supervision Agency.\8\
Employees of the D.C. courts are individuals employed by the
District of Columbia Court of Appeals, the Superior Court of
the District of Columbia, and the District of Columbia Court
System.
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\6\ Public Law No. 108-007 (2003).
\7\ Senate Report No. 107-225, p. 23.
\8\ Ibid. See also H.R. Conf. Rep. No. 108-10, at 802-803 (2003).
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From May 1, 2003, to June 30, 2003, an open season was held
for employees of the D.C. courts. According to OPM, 46 of the
1462 court employees eligible to apply for the insurance are
enrolled in the program.\9\ In addition all 70 annuitants of
the D.C. courts are eligible to participate in the program.
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\9\ Office of Personnel Management, supra note 4.
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In 2003, Congress passed the FY 2004 National Defense
Authorization Act. One provision in that Act amended the LTCSA
by including employees of the D.C. government hired before
October 1, 1987.\10\ However, in attempting to include these
D.C. government employees, Congress inadvertently removed
employees of the D.C. courts.
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\10\ Public Law No. 108-136 (2003).
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Both D.C. court employees and employees of the D.C.
government hired before October 1, 1987, participate in the
Federal Employees' Health Benefits Program,\11\ the Federal
Employees' Group Life Insurance Program,\12\ and the Civil
Service Retirement System or the Federal Employees' Retirement
System,\13\ which are all administered by OPM. District of
Columbia government employees hired on or after October 1,
1987, participate in the health, retirement, and other benefit
programs offered by the D.C. government rather than those
offered by the Federal government.
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\11\ See Public Law No. 105-33 (1997) at Sec. 11246(b) (relating to
employees of the D.C. courts) and 5 U.S.C. 8901(1)(E) (relating to D.C.
government employees hired before October 1, 1987).
\12\ See Public Law No. 105-33 (1997) at Sec. 11246(b) (relating to
employees of the D.C. courts) and 5 U.S.C. 8701(a)(6) (relating to D.C.
government employees hired before October 1, 1987).
\13\ See Public Law No. 105-33 (1997) at Sec. 11246(b) (relating to
employees of the D.C. courts) and 5 U.S.C. 8331(1)(G) (relating to D.C.
government employees hired before October 1, 1987).
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In order to be consistent in the application of Federal
benefits to D.C. court employees and as a matter of technical
administration, the Committee believes that employees of the
District of Columbia courts should again be allowed to
participate in the Federal government's long-term care
insurance program.
III. Legislative History
S. 2322 was introduced on April 20, 2004, by Senator Akaka
and Senator Voinovich, and was referred to the Committee on
Governmental Affairs. On May 6, 2004, the bill was referred to
the Subcommittee on Financial Management, the Budget, and
International Security and polled out of the Subcommittee on
May 27, 2004. On June 2, 2004, the Committee considered S. 2322
and ordered the bill reported by voice vote. Senators present
were as follows: Collins, Lieberman, Voinovich, Bennett,
Fitzgerald, Levin, Akaka, Carper, and Lautenberg.
IV. Section-by-Section Analysis
Section 1. Long term care insurance coverage for employees of the
District of Columbia courts
This section would amend 5 U.S.C. 9001(1) to include
employees of the District of Columbia courts as participants in
the long-term care insurance program for Federal employees.
V. Estimated Cost of Legislation
CONGRESSIONAL BUDGET OFFICE ESTIMATE
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 18, 2004.
Hon. Susan M. Collins
Chairman, Committee on Governmental Affairs,
U.S. Senate, Washington, DC.
Dear Madam Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 2322, a bill to
amend chapter 90 of title 5, United States Code, to include
employees of the District of Columbia courts as participants in
long-term care insurance for federal employees.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Julia
Christensen.
Sincerely,
Elizabeth Robinson
(For Douglas Holtz-Eakin, Director).
Enclosure.
S. 2322--A bill to amend chapter 90 of title 5, United States Code, to
include employees of the District of Columbia courts as
participants in long term care insurance for federal employees
S. 2322 would reinstate eligibility for employees of the
District of Columbia courts in the long-term care insurance
program sponsored by the federal government. The program allows
certain federal employees (those eligible to enroll in the
Federal Employees Health Benefits program) and qualified
relatives access to private long-term care insurance at a group
discount. Employees of the D.C. courts were originally allowed
to participate in the program but the National Defense
Authorization Act for Fiscal Year 2004 removed them from the
eligibility rolls.
CBO estimates that enacting S. 2322 would have no effect
on the federal budget. The federal government does not
contribute toward enrollees' premiums, and the contractors
offering long-term care insurance reimburse the Office of
Personnel Management for the costs it incurs in administering
the program.
This legislation contains no intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act;
any net costs to the D.C. government would be minimal.
The CBO staff contact for this estimate is Julia
Christensen. This estimate was approved by Robert A. Sunshine,
Assistant Director for Budget Analysis.
VI. Evaluation of Regulatory Impact
Pursuant to the requirements of paragraph 11(b) of rule
XXVI of the Standing Rules of the Senate, the Committee has
considered the regulatory impact of this bill. CBO states that
there are no intergovernmental or private-sector mandates as
defined in the Unfunded Mandates Reform Act and no costs on
state, local, or tribal governments. The Committee has
determined that the enactment of this legislation will not have
a significant regulatory impact.
VII. Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic and existing law, in which no
change is proposed, is shown in roman):
TITLE 5, UNITED STATES CODE
* * * * * * *
GOVERNMENT ORGANIZATION AND EMPLOYEES
* * * * * * *
PART III--EMPLOYEES
* * * * * * *
Subpart G--Insurance and Annuities
* * * * * * *
CHAPTER 90--LONG-TERM CARE INSURANCE
* * * * * * *
Sec. 9001. Definitions
* * * * * * *
For purposes of this chapter:
(1) Employee.--The term ``employee'' means--
(A) an employee as defined by section
8901(1);
(B) an individual described in section
2105(e);
(C) an individual employed by the Tennessee
Valley Authority; [and]
(D) an employee of a nonappropriated fund
instrumentality of the Department of Defense
described in section 2105(c)[.] ; and
(E) an employee of the District of Columbia
courts.
* * * * * * *
