110 HR 6706 IH: Administrative Law Judges Retirement Act of
U.S. House of Representatives
2008-07-31
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.
(a)This Act may be cited as the Administrative Law Judges Retirement Act of
2008
.
(b)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)Section
8331 is amended—
(1)in paragraph (30),
by striking and
at the end;
(2)in
paragraph (31), by striking the period and inserting a semicolon; and
(3)by adding at the
end the following:
(32)administrative
law judge means an administrative law judge appointed under section 3105
or a similar prior provision of
law.
.
(b)Deductions,
contributions, and depositsSection 8334 is amended—
(1)in subsection
(a)(1)(A), by striking or customs and border protection officer,
and inserting customs and border protection officer, 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 2008.
8The effective date of the Administrative Law
Judges Retirement Act of 2008 and thereafter.
.
(c)
(1)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 retirementSection 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)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)Section
8401 is amended—
(1)in paragraph (35),
by striking and
at the end;
(2)in paragraph (36),
by striking the period and inserting ; and
; and
(3)by adding at the
end the following:
(37)administrative
law judge means an administrative law judge appointed under section 3105
or a similar prior provision of
law.
.
(b)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)Section 8415 is amended—
(1)in subsection
(h)(2), by striking or customs and border protection officer
and
inserting customs and border protection officer, 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)Section 8422(a)(3) is amended by adding after the item
relating to a customs and border protection officer 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 2008.
8The effective date of the Administrative Law
Judges Retirement Act of 2008 and thereafter.
.
(e)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.
(a)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)
(1)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)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 depositIf 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)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)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)The
Office of Personnel Management may prescribe any regulations necessary to carry
out this section.