< Back to H.R. 3136 (110th Congress, 2007–2009)

Text of the Administrative Law Judges Retirement Act of 2007

This bill was introduced on July 23, 2007, in a previous session of Congress, but was not enacted. The text of the bill below is as of Jul 23, 2007 (Introduced).

Source: GPO

I

110th CONGRESS

1st Session

H. R. 3136

IN THE HOUSE OF REPRESENTATIVES

July 23, 2007

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.

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.

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 judge5June 11, 1947, to June 30, 1948.
  6July 1, 1948, to October 31, 1956.
  6.5November 1, 1956, to December 31, 1969.
  7January 1, 1970, to December 31, 1998.
  7.25January 1, 1999, to December 31, 1999.
  7.4January 1, 2000, to December 31, 2000.
  7January 1, 2001, to (but not including) the effective date of the Administrative Law Judges Retirement Act of 2007.
  8The 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 2½ 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).

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 17/10 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 judge7January 1, 1987, to December 31, 1998.
  7.25January 1, 1999, to December 31, 1999.
  7.4January 1, 2000, to December 31, 2000.
  7January 1, 2001, to (but not including) the effective date of the Administrative Law Judges Retirement Act of 2007.
  8The 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.

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.