Summary: Legislation has been proposed which would discontinue civil service annuity payments for periods of employment as a justice or judge of the United States. Currently, retirement benefits for Federal judges and justices are payable when a judge or justice attains age 65 with 15 years of service or age 70 with 10 years of service. Retired justices and judges may be assigned to perform such judicial duties as they are willing and able to perform, and they continue to receive the full salary of the office including any subsequent pay increases. Justices and judges who resign are limited to their full salary at the time of resignation with no subsequent increases. Retired civil service employees who are reemployed by the Federal government may not receive both their annuity and full salary during a period of reemployment. Employing agencies are required to deduct annuity payments from the employed annuitants' salaries and deposit these amounts in the Treasury to the credit of the civil service retirement fund. This requirement does not apply to justices and judges receiving civil service annuities earned before their judicial service, because the U.S. Constitution provides that a judge's salary shall not be diminished during his continuance in office. GAO supports the enactment of this legislation because it would result in more consistent treatment of retirees under the civil service retirement system. It is the opinion of GAO that both full salary and full retirement benefits should not be paid during active service to a Federal employee.
