109th CONGRESS
1st Session
H. R. 1864
To provide for enhanced retirement benefits for administrative law
judges.
IN THE HOUSE OF REPRESENTATIVES
April 26, 2005
Mr. WYNN introduced the following bill; which was referred to the Committee
on 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 2005'.
(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:
`
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`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 2005.
8 The effective date of the Administrative Law Judges Retirement Act of 2005 and thereafter.'.
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(c) Immediate Retirement- Section 8336 is amended by adding at the end the
following:
`(q) An administrative law judge who is separated from the service after completing
10 years of service as an administrative law judge and becoming 55 years of
age is entitled to an annuity. An administrative law judge who is separated
from the service voluntarily after completing 10 years of service as an administrative
law judge but before becoming 55 years of age is entitled to a reduced annuity.
An administrative law judge is entitled to an annuity if such judge would
be entitled to an annuity under subsection (d) if such subsection were applied
by substituting `5' for `25 years of service or after becoming 50 years of
age and completing 20', and the reference to `removal for cause on charges
of misconduct or delinquency' in paragraph (1) thereof were considered to
refer to a 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 the first sentence of subsection (h), by striking `subsections (a),
(b), (d)(5), and (f)' and all that follows through `(h), (j), or (o) of
this title' and inserting `subsections (a), (b), (d)(5), (f), and (v) for
an employee retiring under subsection (d), (h), (j), or (o), or the second
sentence of subsection (q), of section 8336';
(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 such provisions of this section as would (but for this subsection) otherwise
apply, except that, with respect to such employee's--
`(1) service as an administrative law judge, and
`(2) military service not exceeding 5 years,
such employee's annuity is computed 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) Immediate Retirement- Section 8412 is amended by adding at the end the
following:
`(i) An administrative law judge who is separated from the service after completing
10 years of service as an administrative law judge and becoming 55 years of
age is entitled to an annuity.'.
(c) Early Retirement- Section 8414 is amended by adding at the end the following:
`(e) An administrative law judge who is separated from the service voluntarily
after completing 10 years of service as an administrative law judge but before
becoming 55 years of age is entitled to a reduced annuity. An administrative
law judge is entitled to an annuity if such judge would be entitled to an
annuity under subsection (b) if such subsection were applied by substituting
`5 years of service' for `25 years of service, or after becoming 50 years
of age and completing 20 years of service,', and the reference to `removal
for cause on charges of misconduct or delinquency' in paragraph (1)(A) thereof
were considered to refer to a removal under section 1215, 7521, or 7532.'.
(d) 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 (with respect to any
service as to which the percentage set forth in the first sentence of subsection
(n) applies).'; and
(2) by adding at the end the following:
`(n) The annuity of an employee retiring under section 8412(i) or 8414(e)
is computed under such provisions of this section as would (but for this subsection)
otherwise apply, except that, with respect to such employee's--
`(1) service as an administrative law judge, and
`(2) military service not exceeding 5 years,
such employee's annuity is computed by multiplying 1 7/10 percent of such
employee's average pay by the years of that service. The annuity computed
under this section for an employee retiring under the first sentence of section
8414(e) is reduced by 1/6 of 1 percent for each full month the employee is
under 55 years of age at the date of separation.'.
(e) Deductions From Pay- Section 8422(a)(3) is amended by adding after the
item relating to a nuclear materials courier the following:
`
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`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 2005.
8 The effective date of the Administrative Law Judges Retirement Act of 2005 and thereafter.'.
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(f) 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; APPLICABILITY.
(a) Effective Date- This Act and the amendments made by this Act shall take
effect as of the first day of the first pay period beginning on or after the
date of the enactment of this Act.
(b) Applicability- Nothing in this Act shall be considered to apply with respect
to any annuity entitlement to which is based on a separation from service
occurring before the effective date of this Act.
END
