[Congressional Record Volume 155, Number 111 (Wednesday, July 22, 2009)]
[Extensions of Remarks]
[Page E1889]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     INTRODUCTION OF THE JUDICIAL SURVIVORS PROTECTION ACT OF 2009

                                 ______
                                 

                  HON. HENRY C. ``HANK'' JOHNSON, JR.

                               of georgia

                    in the house of representatives

                        Wednesday, July 22, 2009

  Mr. JOHNSON of Georgia. Madam Speaker, today I am honored to 
introduce the Judicial Survivors Protection Act of 2009. The bill would 
provide a limited six month period for incumbent federal judges to opt 
into the Judicial Survivors' Annuities System (JSAS) and authorizes 
federal judges to voluntarily increase their contributions to JSAS to 
enhance their survivors' annuities.
  The JSAS is an important optional benefit for federal judges. Unlike 
the survivors of other federal employees, judges' spouses and dependent 
children receive no survivor income benefits unless the judge elects to 
participate. Also, for a spouse to continue health insurance coverage 
under the Federal Employees Health Benefits program after the judge's 
death, the judge must have elected JSAS.
  Currently only sixty percent of Article III and non-Article III 
judges participate in JSAS. While, the system is an opt-in system, in 
general, judges are bound by their initial decision for the remainder 
of their career despite changes in life circumstances. This leaves the 
survivors of the remaining forty percent of Article III and non-Article 
III judges at risk.
  This bill would simply provide those forty percent of Judges, who did 
not initially enroll in JSAS, a limited six month open season window to 
enroll in JSAS.
  To compensate for their delay, new enrollees who previously declined 
to participate in JSAS would pay an enhanced contribution rate to 
preserve the financial integrity of the JSAS Fund. Finally, it would 
authorize federal judges to voluntarily increase their contributions to 
JSAS in order to enhance the value of their survivors' annuities.
  Over the years, Congress has authorized such an open season three 
times: in 1976, 1985 and 1992. It has been seventeen years since the 
last open season and this bill is but a small step towards lightening 
what is often the financial burden of judicial public service.

                          ____________________