I 

109TH CONGRESS 

1ST SESSION H. R. 1864 

To provide for enhanced retirement benefits for administrative law judges. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 26, 2005 

Mr. WYNN introduced the following bill; which was referred to the Committee 

on Government Reform 

A BILL 

To provide for enhanced retirement benefits for 

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 2005’’. 

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. 
2 

•HR 1864 IH 

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

3 (a) DEFINITION.—Section 8331 is amended— 

4 (1) in paragraph (28), by striking ‘‘and’’ at the 

5 end; 

6 (2) in the first paragraph (29), by striking the 

7 period and inserting a semicolon; 

8 (3) in the second paragraph (29)— 

9 (A) by striking ‘‘(29)’’ and inserting 

10 ‘‘(30)’’; and 

11 (B) by striking the period and inserting ‘‘; 

12 and’’; and 

13 (4) by adding at the end the following: 

14 ‘‘(31) ‘administrative law judge’ means an ad15 ministrative law judge appointed under section 3105 

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

17 (b) DEDUCTIONS, CONTRIBUTIONS, AND DEPOS18 ITS.—Section 8334 is amended— 

19 (1) in subsection (a)(1)(A), by striking ‘‘or nu20 clear materials courier,’’ and inserting ‘‘nuclear ma21 terials courier, or administrative law judge,’’; 

22 (2) in subsection (a)(1)(B)— 

23 (A) in the first sentence of clause (i), by 

24 striking ‘‘clause (ii),’’ and inserting ‘‘clause (ii) 

25 or (iii),’’; and 
3 

•HR 1864 IH 

1 (B) by adding after clause (ii) the fol2 lowing: 

3 ‘‘(iii) In the case of an administrative law judge, the 

4 amount to be contributed under this subparagraph shall 

5 (instead of the amount described in clause (i)) be equal 

6 to the amount derived by multiplying the administrative 

7 law judge’s basic pay by the percentage that is 1 percent8 age point less than the percentage applicable under sub9 section (c).’’; and 

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

11 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 2005.

8 .......... The effective date of the 

Administrative Law 

Judges Retirement 

Act of 2005 and 

thereafter.’’. 

12 (c) IMMEDIATE RETIREMENT.—Section 8336 is 

13 amended by adding at the end the following: 
4 

•HR 1864 IH 

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

2 from the service after completing 10 years of service as 

3 an administrative law judge and becoming 55 years of age 

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

5 is separated from the service voluntarily after completing 

6 10 years of service as an administrative law judge but be7 fore becoming 55 years of age is entitled to a reduced an8 nuity. An administrative law judge is entitled to an annu9 ity if such judge would be entitled to an annuity under 

10 subsection (d) if such subsection were applied by sub11 stituting ‘5’ for ‘25 years of service or after becoming 50 

12 years of age and completing 20’, and the reference to ‘re13 moval for cause on charges of misconduct or delinquency’ 

14 in paragraph (1) thereof were considered to refer to a re15 moval under section 1215, 7521, or 7532.’’. 

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

17 amended— 

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

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

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

21 striking ‘‘subsections (a), (b), (d)(5), and (f)’’ and 

22 all that follows through ‘‘(h), (j), or (o) of this title’’ 

23 and inserting ‘‘subsections (a), (b), (d)(5), (f), and 

24 (v) for an employee retiring under subsection (d), 
5 

•HR 1864 IH 

1 (h), (j), or (o), or the second sentence of subsection 

2 (q), of section 8336’’; 

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

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

5 (4) by adding at the end the following: 

6 ‘‘(v) The annuity of an employee retiring under sec7 tion 8336(q) is computed under such provisions of this 

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

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

10 ‘‘(1) service as an administrative law judge, and 

11 ‘‘(2) military service not exceeding 5 years, 

such employee’s annuity is computed by multiplying 21 12 ⁄2

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

14 that service.’’. 

15 (e) TECHNICAL AND CONFORMING AMENDMENTS.— 

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

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

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

19 8339, subsections (b)(1) and (d) of section 8341, section 

20 8343a(c), and section 8344(a)(A) are amended by striking 

21 ‘‘and (s)’’ each place it appears and inserting ‘‘(s), and 

22 (v)’’. 

23 (3) Subsections (j)(3) (in the third sentence before 

24 the sentence containing subparagraph (A)), (j)(5)(C)(iii), 
6 

•HR 1864 IH 

1 and (k)(2)(C) of section 8339 are amended by striking 

2 ‘‘and (r)’’ and inserting ‘‘(r), and (v)’’. 

3 (4) Section 8335(a) is amended by striking 

4 ‘‘8331(29)(A)’’ and inserting ‘‘8331(30)(A)’’. 

5 SEC. 3. PROVISIONS RELATING TO THE FEDERAL EMPLOY6 EES’ RETIREMENT SYSTEM. 

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

8 (1) in paragraph (34), by striking ‘‘and’’ at the 

9 end; 

10 (2) in paragraph (35), by striking the period 

11 and inserting ‘‘; and’’; and 

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

13 ‘‘(36) ‘administrative law judge’ means an ad14 ministrative law judge appointed under section 3105 

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

16 (b) IMMEDIATE RETIREMENT.—Section 8412 is 

17 amended by adding at the end the following: 

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

19 from the service after completing 10 years of service as 

20 an administrative law judge and becoming 55 years of age 

21 is entitled to an annuity.’’. 

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

23 by adding at the end the following: 

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

25 from the service voluntarily after completing 10 years of 
7 

•HR 1864 IH 

1 service as an administrative law judge but before becoming 

2 55 years of age is entitled to a reduced annuity. An admin3 istrative law judge is entitled to an annuity if such judge 

4 would be entitled to an annuity under subsection (b) if 

5 such subsection were applied by substituting ‘5 years of 

6 service’ for ‘25 years of service, or after becoming 50 years 

7 of age and completing 20 years of service,’, and the ref8 erence to ‘removal for cause on charges of misconduct or 

9 delinquency’ in paragraph (1)(A) thereof were considered 

10 to refer to a removal under section 1215, 7521, or 7532.’’. 

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

12 amended— 

13 (1) in subsection (h)(2), by striking ‘‘or air 

14 traffic controller.’’ and inserting ‘‘air traffic con15 troller, or administrative law judge (with respect to 

16 any service as to which the percentage set forth in 

17 the first sentence of subsection (n) applies).’’; and 

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

19 ‘‘(n) The annuity of an employee retiring under sec20 tion 8412(i) or 8414(e) is computed under such provisions 

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

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

23 ‘‘(1) service as an administrative law judge, and 

24 ‘‘(2) military service not exceeding 5 years, 
8 

•HR 1864 IH 

such employee’s annuity is computed by multiplying 17 1 ⁄10

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

3 that service. The annuity computed under this section for 

4 an employee retiring under the first sentence of section 

8414(e) is reduced by 1 5 ⁄6 of 1 percent for each full month 

6 the employee is under 55 years of age at the date of sepa7 ration.’’. 

8 (e) DEDUCTIONS FROM PAY.—Section 8422(a)(3) is 

9 amended by adding after the item relating to a nuclear 

10 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 

2005.

8 .............. The effective date of the Administrative Law Judges 

Retirement Act of 2005 and 

thereafter.’’. 

11 (f) GOVERNMENT CONTRIBUTIONS.—Section 8423 is 

12 amended— 

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

14 employees under sections 302 and 303 of the Cen15 tral Intelligence Agency Retirement Act, multiplied 

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

17 and 303 of the Central Intelligence Agency Retire18 ment Act, and administrative law judges, multiplied 

19 by’’; 
9 

•HR 1864 IH 

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

2 (a) to read as follows: 

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

4 be applied under this subsection— 

5 ‘‘(A) amounts provided for under section 8422 

6 shall be taken into account; and 

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

8 law judges under subchapter III of chapter 83 (in9 cluding sections 8334 and 8348, and whether pro10 vided before, on, or after the effective date of this 

11 subparagraph) shall, to the extent they exceed the 

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

13 under subchapter III of chapter 83, and (ii) attrib14 utable to service performed as an administrative law 

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

16 taken into account as if they had been provided by 

17 or for administrative law judges under this chap18 ter.’’; and 

19 (3) in subsection (a)(3)(A), by inserting ‘‘ad20 ministrative law judges,’’ after ‘‘military reserve 

21 technicians,’’ each place it appears. 

22 SEC. 4. EFFECTIVE DATE; APPLICABILITY. 

23 (a) EFFECTIVE DATE.—This Act and the amend24 ments made by this Act shall take effect as of the first 
10 

•HR 1864 IH 

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

2 of the enactment of this Act. 

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

4 considered to apply with respect to any annuity entitle5 ment to which is based on a separation from service occur6 ring before the effective date of this Act. 

Æ