Moynahan v. United States

620 F. Supp. 277, 1985 U.S. Dist. LEXIS 15741
CourtDistrict Court, E.D. Kentucky
DecidedSeptember 20, 1985
DocketNo. 85-147
StatusPublished
Cited by1 cases

This text of 620 F. Supp. 277 (Moynahan v. United States) is published on Counsel Stack Legal Research, covering District Court, E.D. Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Moynahan v. United States, 620 F. Supp. 277, 1985 U.S. Dist. LEXIS 15741 (E.D. Ky. 1985).

Opinion

OPINION AND ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

SPIEGEL, District Judge:

This matter came on for consideration on defendants’ motion to dismiss (doe. 8), and memorandum in support thereof (doc. 9), plaintiff’s brief in opposition (doc. 10), defendants’ reply memorandum (doc. 12), and plaintiff’s supplemental brief (doc. 14). Oral argument was held on August 15, 1985. By stipulation, the parties have agreed that the cause now before us — that is, interpretation of 28 U.S.C. § 371 and 5 U.S.C. §§ 8701(a), 8706, and 8714a, b, as amended — may be treated as if submitted on cross motions for summary judgment (see doc. 15).1 We sit today, pursuant to provisions of 28 U.S.C. § 292(b) and the Order of Chief Judge Lively, as a district [278]*278court in the Eastern District of Kentucky at Lexington (see doc. 4).

Before we proceed with the facts of this case and our analysis of the law, we begin with a bit of background. In the context of the question presented to us, we shall group federal judges into four categories. They are: (1) active judges; (2) senior judges — that is, judges who, after satisfying the “rule of 80” requirements, retain their office but retire from regular active service; (3) judges who, after satisfying the “rule of 80” requirements, retire completely from their office; and (4) judges who, before satisfying the “rule of 80” requirements, retire completely from their office. See 28 U.S.C. § 371.2 This Opinion concerns only those judges that comprise category three. These judges, henceforth dubbed “retired ‘rule of 80’ ” judges, are those jurists who, upon satisfying the “rule of 80,” have opted to retire completely from their office rather than retire only from regular active service. In other words, these judges retire from the Bench rather than take senior status.

The question presented is a straightforward one and asks whether a federal judge who retired from the Bench under the “rule of 80” is entitled to the same level of coverage under the Federal Employees’ Group Life Insurance (FEGLI) plan that he received while on the Bench. For the reasons set forth below, we rule that a federal judge is entitled to such coverage, without interruption or diminution, and thus decide in plaintiff’s favor.

Before setting forth some facts and explaining the theories the parties advocate, we turn to the pertinent statutes. Under FEGLI, once a federal “employee” retires, his or her insurance coverage is reduced. See, e.g., 5 U.S.C. §§ 8706(b)(3), 8714a(c)(2), 8714b(c)(2).3 The statutory definition of [279]*279“employee” was amended in 1984 to include specifically:

a justice or judge of the United States appointed to hold office during good behavior (i) who is in regular active judicial service, or (ii) who is retired from regular active service under section 371(b) or 372(a) of title 28, United States Code, or (iii) who has resigned the judicial office under section 371(a) of title 28 with the continued right during the remainder of his lifetime to receive the salary of the office at the time of his resignation.

5 U.S.C. § 8701(a)(5) (emphasis added).

At 12:00 a.m. on September 30, 1984, plaintiff left the Bench, retiring from active status as a United States District Judge for the Eastern District of Kentucky. Prior to retiring from the Bench, however, he made certain inquiries concerning the future status of his life insurance coverage. General Counsel to the Administrative Office of the United States Courts advised him that “judges retiring under section 371(a) with sufficient seniority to be eligible for an annuity4 are for the first time entitled to continue their Federal life insurance coverage without interruption or diminution” (see doc. 1, exh. B) (emphasis ours). Allegedly relying on this advice, and on correspondence that plaintiff terms supportive {see infra pp. 280-281), plaintiff retired, only to be informed subsequently that his optional life insurance was to be reduced gradually to $2,500.00, that his accidental death and dismemberment coverage had terminated, and that his additional optional group life insurance was to be reduced gradually until it terminated at the end of fifty months. This lawsuit was filed; plaintiff seeks declaratory and injunctive relief that requires defendants to permit him to keep his FEG-LI coverage, including all optional coverage, in full force and effect and without diminution.

Plaintiff maintains that § 8701(a)(5)(iii) or retired “rule of 80” judges are not subject to the statutory reductions in insurance coverage. Plaintiffs logic, divided by the Court into four parts, breaks down in this fashion: Congress, in amending section 8701(a), included retired “rule of 80” judges within the definition of “employee.” Congress, by virtue of sections 8706(b)(3), 8714a(c)(2), and 8714b(e)(2), mandates that a federal “employee” suffer a reduction in his or her life insurance coverage upon retirement. An employee who, by definition, already is retired cannot be expected to retire again. Consequently, Congress, as a matter of common sense, did not intend, as it did with respect to any other federal employee upon retirement, for “rule of 80” judges, upon retirement from the Bench, to suffer a reduction in their life insurance coverage.5 To put plaintiffs theory in context, and using the section relating to Optional Insurance as an example, plaintiff thinks it absurd that Congress intended the statute to read as follows: “In the case of any [judge ... who has resigned the judicial office ... with the continued right during the remainder of his lifetime to receive the salary of the office at the time of his resignation] who retires on an immediate annuity....” See 5 [280]*280U.S.C. § 8714a(c)(2)(A), reprinted supra note 3. Plaintiff believes instead that Congress intended to exempt retired “rule of 80” judges from any insurance coverage reduction to which other federal employees might be subject. In fact, plaintiff posits that Congress’ intent was to permit “rule of 80” judges to keep their FEGLI coverage, in full force and effect and without diminution.

Defendants obviously maintain a contrary position. In their view, the definitions in 5 U.S.C. § 8701 merely set forth who is eligible for coverage, a fact distinct from the breadth of that coverage. They state that the distinctions drawn in 28 U.S.C. § 371 between active, senior, and retired judges, rather than the definition of “employee” in section 8701(a), govern how judges shall be treated for FEGLI purposes.

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Bluebook (online)
620 F. Supp. 277, 1985 U.S. Dist. LEXIS 15741, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moynahan-v-united-states-kyed-1985.