Administrative Law Judges Retirement Act of 2007 - Sets forth separate provisions governing Government and employee contributions, annuity eligibility requirements (ten years of service and age 60), early retirement, and annuity computation (2.5% and 1.7%, respectively, of average pay for each year of service) for administrative law judges under the Civil Service Retirement System and the Federal Employees' Retirement System.
[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3136 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 3136
To provide for enhanced retirement benefits for administrative law
judges.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 23, 2007
Mr. Wynn introduced the following bill; which was referred to the
Committee on Oversight and Government Reform
_______________________________________________________________________
A BILL
To provide for enhanced retirement benefits for administrative law
judges.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; REFERENCES.
(a) Short Title.--This Act may be cited as the ``Administrative Law
Judges Retirement Act of 2007''.
(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.
SEC. 2. PROVISIONS RELATING TO THE CIVIL SERVICE RETIREMENT SYSTEM.
(a) Definition.--Section 8331 is amended--
(1) in paragraph (28), by striking ``and'' at the end;
(2) in the first paragraph (29), by striking the period and
inserting a semicolon;
(3) in the second paragraph (29)--
(A) by striking ``(29)'' and inserting ``(30)'';
and
(B) by striking the period and inserting ``; and'';
and
(4) by adding at the end the following:
``(31) `administrative law judge' means an administrative
law judge appointed under section 3105 or a similar prior
provision of law.''.
(b) Deductions, Contributions, and Deposits.--Section 8334 is
amended--
(1) in subsection (a)(1)(A), by striking ``or nuclear
materials courier,'' and inserting ``nuclear materials courier,
or administrative law judge,'';
(2) in subsection (a)(1)(B)--
(A) in the first sentence of clause (i), by
striking ``clause (ii),'' and inserting ``clause (ii)
or (iii),''; and
(B) by adding after clause (ii) the following:
``(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).''; and
(3) in subsection (c), by adding after the item relating to
a nuclear materials courier the following:
``Administrative law judge.............. 5...................... June 11, 1947, to June 30, 1948.
6...................... July 1, 1948, to October 31, 1956.
6.5.................... November 1, 1956, to December 31, 1969.
7...................... January 1, 1970, to December 31, 1998.
7.25................... January 1, 1999, to December 31, 1999.
7.4.................... 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.
8...................... The effective date of the Administrative Law
Judges Retirement Act of 2007 and
thereafter.''.
(c) Immediate Retirement.--
(1) In general.--Section 8336 is amended by adding at the
end the following:
``(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.''.
(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.''.
(d) Computation of Annuity.--Section 8339 is amended--
(1) in subsection (f), by striking ``(r), and (s)'' and
inserting ``(r), (s), and (v)'';
(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.'';
(3) in subsection (i), by striking ``(r), or (s)'' and
inserting ``(r), (s), or (v)''; and
(4) by adding at the end the following:
``(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--
``(1) such employee's service as an administrative law
judge; and
``(2) such employee's military service not exceeding 5
years;
by multiplying 2\1/2\ percent of such employee's average pay by the
years of that service.''.
(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)''.
(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)''.
(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)''.
(4) Section 8335(a) is amended by striking ``8331(29)(A)'' and
inserting ``8331(30)(A)''.
SEC. 3. PROVISIONS RELATING TO THE FEDERAL EMPLOYEES' RETIREMENT
SYSTEM.
(a) Definition.--Section 8401 is amended--
(1) in paragraph (34), by striking ``and'' at the end;
(2) in paragraph (35), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(36) `administrative law judge' means an administrative
law judge appointed under section 3105 or a similar prior
provision of law.''.
(b) Early Retirement.--Section 8414(b) is amended by adding at the
end the following:
``(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.''.
(c) Computation of Annuity.--Section 8415 is amended--
(1) in subsection (h)(2), by striking ``or air traffic
controller.'' and inserting ``air traffic controller, or
administrative law judge.''; and
(2) by adding at the end the following:
``(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.''.
(d) Deductions From Pay.--Section 8422(a)(3) is amended by adding
after the item relating to a nuclear materials courier the following:
``Administrative law judge.............. 7...................... January 1, 1987, to December 31, 1998.
7.25................... January 1, 1999, to December 31, 1999.
7.4.................... 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.
8...................... The effective date of the Administrative Law
Judges Retirement Act of 2007 and
thereafter.''.
(e) Government Contributions.--Section 8423 is amended--
(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'';
(2) by amending paragraph (2) of subsection (a) to read as
follows:
``(2) In determining any normal-cost percentage to be applied under
this subsection--
``(A) amounts provided for under section 8422 shall be
taken into account; and
``(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.''; and
(3) in subsection (a)(3)(A), by inserting ``administrative
law judges,'' after ``military reserve technicians,'' each
place it appears.
SEC. 4. EFFECTIVE DATE.
(a) In General.--This Act and the amendments made by this Act--
(1) shall take effect on the date of the enactment of this
Act; and
(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.
(b) Exception.--
(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.
(2) Treatment of prior service.--
(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--
(i) the unrefunded individual contributions
that were made for such prior service; and
(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.
(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--
(i) shall be computed in accordance with
the amendments made by this Act; but
(ii) shall be reduced in a manner similar
to that set forth in section 8334(d)(2)(B) of
title 5, United States Code.
(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.
(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.
(d) Regulations.--The Office of Personnel Management may prescribe
any regulations necessary to carry out this section.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Oversight and Government Reform.
Referred to the Subcommittee on Federal Workforce, Post Office, and the District of Columbia.
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