[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2316 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 2316

To enhance the terms of the retirement annuities of administrative law 
                                judges.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 3, 2003

   Mr. Wynn introduced the following bill; which was referred to the 
                     Committee on Government Reform

_______________________________________________________________________

                                 A BILL


 
To enhance the terms of the retirement annuities of 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 2003''.
    (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 of title 5, United States Code, is 
amended--
            (1) in paragraph (27), by striking ``and'' at the end;
            (2) in paragraph (28), by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following:
            ``(29) `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 the first sentence of subsection (a)(1), by striking 
        ``or nuclear materials courier,'' and inserting ``nuclear 
        materials courier, or administrative law judge,'';
            (2) in the second sentence of subsection (a)(1), by 
        striking the period and inserting the following: ``; however, 
        the amount to be contributed under this sentence with respect 
        to service performed as an administrative law judge after the 
        effective date of the Administrative Law Judges Retirement Act 
        of 2003 shall be the amount equal to the product of basic pay 
        paid for that service multiplied 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 2003.
                                          8......................  The effective date of the Administrative Law
                                                                    Judges Retirement Act of 2003 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) (taking into account any 
amendments deemed to be in effect with respect thereto) 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) of this section for an 
        employee retiring under section 8336(d), (h), (j), or (o) of 
        this title'' and inserting ``subsections (a), (b), (d)(5), (f), 
        and (v) for an employee retiring under section 8336(d), (h), 
        (j), or (o), or the second sentence of section 8336(q),'';
            (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, 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 matter before subparagraph (A)), 
(j)(5)(C)(iii), and (k)(2)(C) of section 8339 and section 8343a(c) are 
amended by striking ``and (q)'' each place it appears and inserting 
``(q), and (v)''.

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

    (a) Definition.--Section 8401 is amended--
            (1) in paragraph (33), by striking ``and'' at the end;
            (2) in paragraph (34), by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following:
            ``(35) `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) (taking into 
account any amendments deemed to be in effect with respect thereto) 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 (g)(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 (l) applies).''; and
            (2) by adding at the end the following:
    ``(l) 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 2003.
                                          8......................  The effective date of the Administrative Law
                                                                    Judges Retirement Act of 2003 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), 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>