[Congressional Record Volume 155, Number 118 (Friday, July 31, 2009)]
[Extensions of Remarks]
[Pages E2110-E2111]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           PROTECTING THE SURVIVORS OF OUR JUDICIAL OFFICIALS

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

                               of georgia

                    in the house of representatives

                        Thursday, July 30, 2009

  Mr. JOHNSON of Georgia. Madam Speaker, I am honored to bring to the 
floor 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 begin 
contributing toward an survivors' annuity for their spouses and 
dependent children.
  The JSAS is a critical optional benefit for Federal judges. 
Currently, unlike the survivors of other Federal employees, judges' 
spouses and dependent children receive no survivor income benefits 
unless the judge elects to participate. In addition, the judge must 
have specifically elected JSAS for a spouse to continue health 
insurance coverage under the Federal Employees Health Benefits program 
after the judge's death.
  The judges of our Federal judiciary frequently give up lucrative jobs 
with many benefits for the honor and privilege of serving on our 
judiciary. Allowing a JSAS open season is a small way to allow judges 
to provide for their families despite the financial sacrifice of 
accepting a Federal judgeship.
  Judges are bound by their initial decision regarding contributing to 
JSAS for the remainder of their career. However, circumstances change, 
and while initially judges may have chosen not to opt into the program 
due to financial pressure at the time, conflicting priorities such as 
the need to pay the expense of a dependant education, or simply the 
failure to plan ahead, this leaves the survivors of forty percent of 
Article III and non-Article III judges at risk.
  Currently only sixty percent of Article III and non-Article III 
judges participate in JSAS. This bill would provide those forty percent 
of active or senior Federal judges, who did not initially enroll in 
JSAS, a limited open season to enroll in the program.
  To compensate for the Judge's delay in opting into the program, new 
enrollees who previously declined to participate in JSAS would

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pay an enhanced contribution rate of 2.75 percent of their salaries to 
preserve the financial integrity of the JSAS Fund. Should these new 
enrollees later retire from the bench, they, like all other retired 
judges participating in JSAS, will pay the contribution rate of 3.5 
percent of their retirement salary.
  Additionally, the bill would authorize Federal judges to voluntarily 
increase their contributions to JSAS in order to enhance the value of 
their survivors' annuities.
  According to the Congressional Budget Office, this bill would carry a 
negligible cost as any impact on the JSAS system by the new enrollees 
would be entirely borne by the new enrollees.
  Congress has previously authorized such a JSAS 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.
  The Senate unanimously passed this important legislation. I am proud 
to join the Senate and send this important measure to President Obama.

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