I 

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; REFERENCES. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Administrative Law Judges Retirement Act of 2003’’. 

6 (b) REFERENCES.—Whenever in this Act an amend7 ment is expressed in terms of an amendment to a section 

8 or other provision, the reference shall be considered to be 

9 made to a section or other provision of title 5, United 

10 States Code. 
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1 SEC. 2. PROVISIONS RELATING TO THE CIVIL SERVICE RE2 TIREMENT SYSTEM. 

3 (a) DEFINITION.—Section 8331 of title 5, United 

4 States Code, is amended—

5 (1) in paragraph (27), by striking ‘‘and’’ at the 

6 end; 

7 (2) in paragraph (28), by striking the period 

8 and inserting ‘‘; and’’; and 

9 (3) by adding at the end the following: 

10 ‘‘(29) ‘administrative law judge’ means an ad11 ministrative law judge appointed under section 3105 

12 or a similar prior provision of law.’’. 

13 (b) DEDUCTIONS, CONTRIBUTIONS, AND DEPOS14 ITS.—Section 8334 is amended—

15 (1) in the first sentence of subsection (a)(1), by 

16 striking ‘‘or nuclear materials courier,’’ and insert17 ing ‘‘nuclear materials courier, or administrative law 

18 judge,’’; 

19 (2) in the second sentence of subsection (a)(1), 

20 by striking the period and inserting the following: 

21 ‘‘; however, the amount to be contributed under this 

22 sentence with respect to service performed as an ad23 ministrative law judge after the effective date of the 

24 Administrative Law Judges Retirement Act of 2003 

25 shall be the amount equal to the product of basic 

26 pay paid for that service multiplied by the percent-
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1 age that is 1 percentage point less than the percent2 age applicable under subsection (c).’’; and 

3 (3) in subsection (c), by adding after the item 

4 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.’’. 

5 (c) IMMEDIATE RETIREMENT.—Section 8336 is 

6 amended by adding at the end the following: 

7 ‘‘(q) An administrative law judge who is separated 

8 from the service after completing 10 years of service as 

9 an administrative law judge and becoming 55 years of age 

10 is entitled to an annuity. An administrative law judge who 

11 is separated from the service voluntarily after completing 

12 10 years of service as an administrative law judge but be13 fore becoming 55 years of age is entitled to a reduced an-
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1 nuity. An administrative law judge is entitled to an annu2 ity if such judge would be entitled to an annuity under 

3 subsection (d) (taking into account any amendments 

4 deemed to be in effect with respect thereto) if such sub5 section were applied by substituting ‘5’ for ‘25 years of 

6 service or after becoming 50 years of age and completing 

7 20’, and the reference to ‘removal for cause on charges 

8 of misconduct or delinquency’ in paragraph (1) thereof 

9 were considered to refer to a removal under section 1215, 

10 7521, or 7532.’’. 

11 (d) COMPUTATION OF ANNUITY.—Section 8339 is 

12 amended—

13 (1) in subsection (f), by striking ‘‘(r), and (s)’’ 

14 and inserting ‘‘(r), (s), and (v)’’; 

15 (2) in the first sentence of subsection (h), by 

16 striking ‘‘subsections (a), (b), (d)(5), and (f) of this 

17 section for an employee retiring under section 

18 8336(d), (h), (j), or (o) of this title’’ and inserting 

19 ‘‘subsections (a), (b), (d)(5), (f), and (v) for an em20 ployee retiring under section 8336(d), (h), (j), or 

21 (o), or the second sentence of section 8336(q),’’; 

22 (3) in subsection (i), by striking ‘‘(r), or (s)’’ 

23 and inserting ‘‘(r), (s), or (v)’’; and 

24 (4) by adding at the end the following: 
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1 ‘‘(v) The annuity of an employee retiring under sec2 tion 8336(q) is computed under such provisions of this 

3 section as would (but for this subsection) otherwise apply, 

4 except that, with respect to such employee’s—

5 ‘‘(1) service as an administrative law judge; and 

6 ‘‘(2) military service not exceeding 5 years; 

such employee’s annuity is computed by multiplying 21 7 ⁄2

8 percent of such employee’s average pay by the years of 

9 that service.’’. 

10 (e) TECHNICAL AND CONFORMING AMENDMENTS.—

11 (1) Sections 8337(a) and 8339(g) are amended by striking 

12 ‘‘or (s)’’ each place it appears and inserting ‘‘(s), or (v)’’. 

13 (2) Subsections (j), (k)(1), (l), and (m) of section 

14 8339, subsections (b)(1) and (d) of section 8341, and sec15 tion 8344(a)(A) are amended by striking ‘‘and (s)’’ each 

16 place it appears and inserting ‘‘(s), and (v)’’. 

17 (3) Subsections (j)(3) (in the matter before subpara18 graph (A)), (j)(5)(C)(iii), and (k)(2)(C) of section 8339 

19 and section 8343a(c) are amended by striking ‘‘and (q)’’ 

20 each place it appears and inserting ‘‘(q), and (v)’’.

21 SEC. 3. PROVISIONS RELATING TO THE FEDERAL EMPLOY22 EES’ RETIREMENT SYSTEM. 

23 (a) DEFINITION.—Section 8401 is amended—

24 (1) in paragraph (33), by striking ‘‘and’’ at the 

25 end; 
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1 (2) in paragraph (34), by striking the period 

2 and inserting ‘‘; and’’; and 

3 (3) by adding at the end the following: 

4 ‘‘(35) ‘administrative law judge’ means an ad5 ministrative law judge appointed under section 3105 

6 or a similar prior provision of law.’’. 

7 (b) IMMEDIATE RETIREMENT.—Section 8412 is 

8 amended by adding at the end the following: 

9 ‘‘(i) An administrative law judge who is separated 

10 from the service after completing 10 years of service as 

11 an administrative law judge and becoming 55 years of age 

12 is entitled to an annuity.’’. 

13 (c) EARLY RETIREMENT.—Section 8414 is amended 

14 by adding at the end the following: 

15 ‘‘(e) An administrative law judge who is separated 

16 from the service voluntarily after completing 10 years of 

17 service as an administrative law judge but before becoming 

18 55 years of age is entitled to a reduced annuity. An admin19 istrative law judge is entitled to an annuity if such judge 

20 would be entitled to an annuity under subsection (b) (tak21 ing into account any amendments deemed to be in effect 

22 with respect thereto) if such subsection were applied by 

23 substituting ‘5 years of service’ for ‘25 years of service, 

24 or after becoming 50 years of age and completing 20 years 

25 of service,’, and the reference to ‘removal for cause on 
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1 charges of misconduct or delinquency’ in paragraph (1)(A) 

2 thereof were considered to refer to a removal under section 

3 1215, 7521, or 7532.’’. 

4 (d) COMPUTATION OF ANNUITY.—Section 8415 is 

5 amended—

6 (1) in subsection (g)(2), by striking ‘‘or air 

7 traffic controller.’’ and inserting ‘‘air traffic con8 troller, or administrative law judge (with respect to 

9 any service as to which the percentage set forth in 

10 the first sentence of subsection (l) applies).’’; and 

11 (2) by adding at the end the following: 

12 ‘‘(l) The annuity of an employee retiring under sec13 tion 8412(i) or 8414(e) is computed under such provisions 

14 of this section as would (but for this subsection) otherwise 

15 apply, except that, with respect to such employee’s—

16 ‘‘(1) service as an administrative law judge; and 

17 ‘‘(2) military service not exceeding 5 years; 

such employee’s annuity is computed by multiplying 17 18 ⁄10

19 percent of such employee’s average pay by the years of 

20 that service. The annuity computed under this section for 

21 an employee retiring under the first sentence of section 

8414(e) is reduced by 1 22 ⁄6 of 1 percent for each full month 

23 the employee is under 55 years of age at the date of sepa24 ration.’’. 
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1 (e) DEDUCTIONS FROM PAY.—Section 8422(a)(3) is 

2 amended by adding after the item relating to a nuclear 

3 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.’’. 

4 (f) GOVERNMENT CONTRIBUTIONS.—Section 8423 is 

5 amended—

6 (1) in subsection (a)(1)(B)(i), by striking ‘‘and 

7 employees under sections 302 and 303 of the Cen8 tral Intelligence Agency Retirement Act, multiplied 

9 by’’ and inserting ‘‘employees under sections 302 

10 and 303 of the Central Intelligence Agency Retire11 ment Act, and administrative law judges, multiplied 

12 by’’; 

13 (2) by amending paragraph (2) of subsection 

14 (a) to read as follows: 

15 ‘‘(2) In determining any normal-cost percentage to 

16 be applied under this subsection—
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1 ‘‘(A) amounts provided for under section 8422 

2 shall be taken into account; and 

3 ‘‘(B) amounts provided by or for administrative 

4 law judges under subchapter III of chapter 83 (in5 cluding sections 8334 and 8348, and whether pro6 vided before, on, or after the effective date of this 

7 subparagraph) shall, to the extent they exceed the 

8 normal cost of the benefits which are (i) provided for 

9 under subchapter III of chapter 83, and (ii) attrib10 utable to service performed as an administrative law 

11 judge (within the meaning of such subchapter), be 

12 taken into account as if they had been provided by 

13 or for administrative law judges under this chap14 ter.’’; and 

15 (3) in subsection (a)(3), by inserting ‘‘adminis16 trative law judges,’’ after ‘‘military reserve techni17 cians,’’ each place it appears. 

18 SEC. 4. EFFECTIVE DATE; APPLICABILITY. 

19 (a) EFFECTIVE DATE.—This Act and the amend20 ments made by this Act shall take effect as of the first 

21 day of the first pay period beginning on or after the date 

22 of the enactment of this Act. 

23 (b) APPLICABILITY.—Nothing in this Act shall be 

24 considered to apply with respect to any annuity entitle-
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1 ment to which is based on a separation from service occur2 ring before the effective date of this Act.

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