HR 3136 IHCommentsClose CommentsPermalink

To provide for enhanced retirement benefits for administrative law judges.CommentsClose CommentsPermalink

July 23, 2007

Mr. WYNN introduced the following bill; which was referred to the Committee on Oversight and Government ReformCommentsClose CommentsPermalink

To provide for enhanced retirement benefits for administrative law judges.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE; REFERENCES.

(a) Short Title- This Act may be cited as the `Administrative Law Judges Retirement Act of 2007'.CommentsClose CommentsPermalink





(b) References- Whenever in this Act an amendment is expressed in terms of an amendment to a section or other provision, the reference shall be considered to be made to a section or other provision of title 5, United States Code.CommentsClose CommentsPermalink

SEC. 2. PROVISIONS RELATING TO THE CIVIL SERVICE RETIREMENT SYSTEM.

(a) Definition- Section 8331 is amended--CommentsClose CommentsPermalink





(1) in paragraph (28), by striking `and' at the end;CommentsClose CommentsPermalink





(2) in the first paragraph (29), by striking the period and inserting a semicolon;CommentsClose CommentsPermalink





(3) in the second paragraph (29)--CommentsClose CommentsPermalink





(A) by striking `(29)' and inserting `(30)'; andCommentsClose CommentsPermalink





(B) by striking the period and inserting `; and'; andCommentsClose CommentsPermalink





(4) by adding at the end the following:CommentsClose CommentsPermalink





`(31) `administrative law judge' means an administrative law judge appointed under section 3105 or a similar prior provision of law.'.CommentsClose CommentsPermalink





(b) Deductions, Contributions, and Deposits- Section 8334 is amended--CommentsClose CommentsPermalink





(1) in subsection (a)(1)(A), by striking `or nuclear materials courier,' and inserting `nuclear materials courier, or administrative law judge,';CommentsClose CommentsPermalink





(2) in subsection (a)(1)(B)--CommentsClose CommentsPermalink





(A) in the first sentence of clause (i), by striking `clause (ii),' and inserting `clause (ii) or (iii),'; andCommentsClose CommentsPermalink





(B) by adding after clause (ii) the following:CommentsClose CommentsPermalink





`(iii) In the case of an administrative law judge, the amount to be contributed under this subparagraph shall (instead of the amount described in clause (i)) be equal to the amount derived by multiplying the administrative law judge's basic pay by the percentage that is 1 percentage point less than the percentage applicable under subsection (c).'; andCommentsClose CommentsPermalink





(3) in subsection (c), by adding after the item relating to a nuclear materials courier the following:CommentsClose CommentsPermalink

` CommentsClose CommentsPermalink

-------------------------------------------------------------------------------- CommentsClose CommentsPermalink

-------------------------------------------------------------------------------- CommentsClose CommentsPermalink

`Administrative law judge               5                                                                                            June 11, 1947, to June 30, 1948.                                                                                    CommentsClose CommentsPermalink

6                                       July 1, 1948, to October 31, 1956.                                                           6.5                                                                                                                 CommentsClose CommentsPermalink

November 1, 1956, to December 31, 1969. 7                                                                                            January 1, 1970, to December 31, 1998.                                                                              CommentsClose CommentsPermalink

7.25                                    January 1, 1999, to December 31, 1999.                                                       7.4                                                                                                                 CommentsClose CommentsPermalink

January 1, 2000, to December 31, 2000.  7                                                                                            January 1, 2001, to (but not including) the effective date of the Administrative Law Judges Retirement Act of 2007. CommentsClose CommentsPermalink

8                                       The effective date of the Administrative Law Judges Retirement Act of 2007 and thereafter.'.                                                                                                                     CommentsClose CommentsPermalink

-------------------------------------------------------------------------------- CommentsClose CommentsPermalink

(c) Immediate Retirement-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 8336 is amended by adding at the end the following:CommentsClose CommentsPermalink





`(q) An employee who is separated from the service after completing 10 years of service as an administrative law judge and becoming 60 years of age is entitled to an annuity. An employee who is separated from the service voluntarily after completing 10 years of service as an administrative law judge but before becoming 60 years of age is entitled to a reduced annuity.'.CommentsClose CommentsPermalink





(2) DISCONTINUED SERVICE OR EARLY VOLUNTARY RETIREMENT- Section 8336(d) is amended by adding at the end the following: `In the case of an administrative law judge, the preceding provisions of this subsection shall be applied by treating any reference in such provisions to removal or separation for `misconduct or delinquency' or for `misconduct or unacceptable performance' to refer to removal under section 1215, 7521, or 7532.'.CommentsClose CommentsPermalink





(d) Computation of Annuity- Section 8339 is amended--CommentsClose CommentsPermalink





(1) in subsection (f), by striking `(r), and (s)' and inserting `(r), (s), and (v)';CommentsClose CommentsPermalink





(2) in subsection (h), by adding at the end the following: `The annuity computed under subsections (f) and (v) for a employee retiring under the second sentence of section 8336(q) is reduced by 1/12 of 1 percent for each full month not in excess of 60 months, and 1/6 of 1 percent for each full month in excess of 60 months, the employee is under 60 years of age at the date of separation.';CommentsClose CommentsPermalink





(3) in subsection (i), by striking `(r), or (s)' and inserting `(r), (s), or (v)'; andCommentsClose CommentsPermalink





(4) by adding at the end the following:CommentsClose CommentsPermalink





`(v) The annuity of an employee retiring under section 8336(q) is computed under subsection (a), except, if the employee has had at least 5 years' service as an administrative law judge, the employee's annuity is computed with respect to--CommentsClose CommentsPermalink





`(1) such employee's service as an administrative law judge; andCommentsClose CommentsPermalink





`(2) such employee's military service not exceeding 5 years;CommentsClose CommentsPermalink





by multiplying 2 1/2 percent of such employee's average pay by the years of that service.'.CommentsClose CommentsPermalink





(e) Technical and Conforming Amendments- (1) Sections 8337(a) and 8339(g) are amended by striking `or (s)' each place it appears and inserting `(s), or (v)'.CommentsClose CommentsPermalink





(2) Subsections (j), (k)(1), (l), and (m) of section 8339, subsections (b)(1) and (d) of section 8341, section 8343a(c), and section 8344(a)(A) are amended by striking `and (s)' each place it appears and inserting `(s), and (v)'.CommentsClose CommentsPermalink





(3) Subsections (j)(3) (in the third sentence before the sentence containing subparagraph (A)), (j)(5)(C)(iii), and (k)(2)(C) of section 8339 are amended by striking `and (r)' and inserting `(r), and (v)'.CommentsClose CommentsPermalink





(4) Section 8335(a) is amended by striking `8331(29)(A)' and inserting `8331(30)(A)'.CommentsClose CommentsPermalink

SEC. 3. PROVISIONS RELATING TO THE FEDERAL EMPLOYEES' RETIREMENT SYSTEM.

(a) Definition- Section 8401 is amended--CommentsClose CommentsPermalink





(1) in paragraph (34), by striking `and' at the end;CommentsClose CommentsPermalink





(2) in paragraph (35), by striking the period and inserting `; and'; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





`(36) `administrative law judge' means an administrative law judge appointed under section 3105 or a similar prior provision of law.'.CommentsClose CommentsPermalink





(b) Early Retirement- Section 8414(b) is amended by adding at the end the following:CommentsClose CommentsPermalink





`(4) In the case of an administrative law judge, the preceding provisions of this subsection shall be applied by treating any reference in such provisions to removal or separation for `misconduct or delinquency' or for `misconduct or unacceptable performance' to refer to removal under section 1215, 7521, or 7532.'.CommentsClose CommentsPermalink





(c) Computation of Annuity- Section 8415 is amended--CommentsClose CommentsPermalink





(1) in subsection (h)(2), by striking `or air traffic controller.' and inserting `air traffic controller, or administrative law judge.'; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





`(n) The annuity of an administrative law judge, or a former administrative law judge, retiring under this subchapter is computed under subsection (a), except that if the individual has had at least 5 years of service as an administrative law judge, so much of the annuity as is computed with respect to such type of service, not exceeding a total of 20 years, shall be computed by multiplying 1 7/10 percent of such employee's average pay by the years of that service.'.CommentsClose CommentsPermalink





(d) Deductions From Pay- Section 8422(a)(3) is amended by adding after the item relating to a nuclear materials courier the following:CommentsClose CommentsPermalink

` CommentsClose CommentsPermalink

-------------------------------------------------------------------------------- CommentsClose CommentsPermalink

-------------------------------------------------------------------------------- CommentsClose CommentsPermalink

`Administrative law judge              7                                                                                            January 1, 1987, to December 31, 1998.                                                                              CommentsClose CommentsPermalink

7.25                                   January 1, 1999, to December 31, 1999.                                                       7.4                                                                                                                 CommentsClose CommentsPermalink

January 1, 2000, to December 31, 2000. 7                                                                                            January 1, 2001, to (but not including) the effective date of the Administrative Law Judges Retirement Act of 2007. CommentsClose CommentsPermalink

8                                      The effective date of the Administrative Law Judges Retirement Act of 2007 and thereafter.'.                                                                                                                     CommentsClose CommentsPermalink

-------------------------------------------------------------------------------- CommentsClose CommentsPermalink

(e) Government Contributions- Section 8423 is amended--CommentsClose CommentsPermalink





(1) in subsection (a)(1)(B)(i), by striking `and employees under sections 302 and 303 of the Central Intelligence Agency Retirement Act, multiplied by' and inserting `employees under sections 302 and 303 of the Central Intelligence Agency Retirement Act, and administrative law judges, multiplied by';CommentsClose CommentsPermalink





(2) by amending paragraph (2) of subsection (a) to read as follows:CommentsClose CommentsPermalink





`(2) In determining any normal-cost percentage to be applied under this subsection--CommentsClose CommentsPermalink





`(A) amounts provided for under section 8422 shall be taken into account; andCommentsClose CommentsPermalink





`(B) amounts provided by or for administrative law judges under subchapter III of chapter 83 (including sections 8334 and 8348, and whether provided before, on, or after the effective date of this subparagraph) shall, to the extent they exceed the normal cost of the benefits which are (i) provided for under subchapter III of chapter 83, and (ii) attributable to service performed as an administrative law judge (within the meaning of such subchapter), be taken into account as if they had been provided by or for administrative law judges under this chapter.'; andCommentsClose CommentsPermalink





(3) in subsection (a)(3)(A), by inserting `administrative law judges,' after `military reserve technicians,' each place it appears.CommentsClose CommentsPermalink

SEC. 4. EFFECTIVE DATE.

(a) In General- This Act and the amendments made by this Act--CommentsClose CommentsPermalink





(1) shall take effect on the date of the enactment of this Act; andCommentsClose CommentsPermalink





(2) except as provided in subsection (b), shall apply only with respect to administrative law judges first appointed on or after the effective date of this Act.CommentsClose CommentsPermalink





(b) Exception-CommentsClose CommentsPermalink





(1) ELECTION FOR INCUMBENTS- The amendments made by this Act shall apply with respect to any individual serving as an administrative law judge on the effective date of this Act if appropriate written application is submitted to the Office of Personnel Management within 12 months after such effective date.CommentsClose CommentsPermalink





(2) TREATMENT OF PRIOR SERVICE-CommentsClose CommentsPermalink





(A) DEPOSIT REQUIREMENT- An individual who makes an election under paragraph (1) shall, with respect to any administrative law judge service performed by such individual prior to the date as of which deductions from such individual's pay begin to be made in accordance with the amendments made by this Act, be required to pay into the Civil Service Retirement and Disability Fund an amount equal to the difference between--CommentsClose CommentsPermalink





(i) the unrefunded individual contributions that were made for such prior service; andCommentsClose CommentsPermalink





(ii) the individual contributions that would have been required if the rate (or rates) in effect for such prior service had been equal to the rate (or rates) actually in effect for such prior service, increased by 1 percentage point.CommentsClose CommentsPermalink





(B) EFFECT OF NOT MAKING DEPOSIT- If or to the extent that any amounts under subparagraph (A) are not paid by an individual making an election under paragraph (1), any annuity based on the service of such individual--CommentsClose CommentsPermalink





(i) shall be computed in accordance with the amendments made by this Act; butCommentsClose CommentsPermalink





(ii) shall be reduced in a manner similar to that set forth in section 8334(d)(2)(B) of title 5, United States Code.CommentsClose CommentsPermalink





(3) SURVIVOR ANNUITANTS- In the case of an individual described in paragraph (1) who dies before the end of the 12-month period beginning on the effective date of this Act, any application or deposit under this subsection may, for purposes of any survivor annuity based on the service of such individual, also be made by a survivor of such individual.CommentsClose CommentsPermalink





(c) Definition- For purposes of this section, the term `administrative law judge' means an administrative law judge appointed under section 3105 of title 5, United States Code, or a similar prior provision of law.CommentsClose CommentsPermalink





(d) Regulations- The Office of Personnel Management may prescribe any regulations necessary to carry out this section.CommentsClose CommentsPermalink