Administrative Law Judges Retirement Act of 2005 - Sets forth separate provisions governing Government and employee contributions, annuity eligibility requirements (ten years of service and age 55), early retirement, and annuity computation (2.5 percent and 1.7 percent, 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 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1864 Introduced in House (IH)]
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:
``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.''.
(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:
``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.''.
(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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Government Reform.
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