Protecting the Survivors of our Judicial Officials

PROTECTING THE SURVIVORS OF OUR JUDICIAL OFFICIALS -- (Extensions of Remarks - July 31, 2009)

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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 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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