COMMITTEE ON POST OFFICE AND CIVIL SERVICE

DAVID N. HENDERSON, North Carolina, Chairman

MORRIS K. UDALL, Arizona, Vice Chairman

DAVID N. HENDERSON, North Carolina EDWARD J. DERWINSKI, Illinois

(Ronald P. McCluskey, Assistant Counsel, Room B-345 (d), Rayburn Building-Ext. 56831)

CONTENTS

Statement of-

Bennett, Hon. Marion T., Associate Judge, U.S. Court of Claims,

Washington, D.C_____

Dembling, Paul G., General Counsel, General Accounting Office, accom-
panied by F. Henry Barclay, Associate General Counsel; John S.
Emery, Assistant Director; and Bob Shelton, Supervisor-Auditor,
Federal Personnel and Compensation Division_--

Derwinski, Hon. Edward J., a Representative in Congress from the

State of Illinois_

Hampton, Hon. Robert E., Chairman, U.S .Civil Service Commission,

accompanied by Thomas A. Tinsley, Director, Bureau of Retirement,

Insurance, and Occupational Health_

Harris, Hon. Oren, U.S. Senior District Judge, El Dorado, Ark_---
Pickle, Hon. J. J., a Representative in Congress from the State of
Texas

Thornberry, Hon. Homer, U.S. Circuit Judge, Austin, Tex..

Additional material-

Copy of H.R. 11738_.

Administration reports received from—

Office of Management and Budget_.

Administrative Office of the U.S. Courts__

89

91

Comptroller General of the United States_

90

Harvey, Judge James, U.S. District Court for the Eastern Dis-
trict of Michigan__.

Miller, Judge Jack R., U.S. Court of Customs and Patent Appeals

Washington, D.C___.

U.S. Civil Service Commission__-

Communications from-

(III)

RECOMMENDATIONS FOR AMENDING H.R. 11738

Hon. Marion T. Bennett, Associate Judge, U.S. Court of Claims, Washington, D.C.:

I. Legislation should not be enacted; (a) it is not supported by the Judicial Conference, and (b) it is not equitable to Judges already on the bench.

II. Legislation, if enacted, should be amended to be prospective only; to do otherwise would possibly raise constitutional doubts. Hon. Homer Thornberry, U.S. Circuit Judge, Austin, Tex.:

I. If legislation is enacted, it should be amended to be prospective only.

Hon. Oren Harris, U.S. Senior District Judge, El Dorado, Ark.:
I. If legislation is enacted, should be amended so as to be pro-
spective only, to prevent the possibility of court action against the
Government.

Hon. Robert F. Hampton, U.S. Civil Service Commission:

I. The Commission supports the enactment of legislation with amendments to include that the Commission be given the authority to accept redeposit of refunds paid to active or retired justices and judges who obtained those refunds based on the Commission's erroneous advice that payment of annuity to them would be barred by the retirement law; and that any legislative bar to payment of annuity to justices and judges be made applicable only to justices and judges appointed after enactment.

II. The Commission opposes enactment of section 2 of the bill since it would set an undesirable precedent. Paul G. Dembling, General Counsel, General Accounting Office:

I. Favors the enactment of H.R. 11738, so far as it covers withholding of the annuity for the period of active service as judge. II. The report issued on July 30, 1974, "Federal Retirement Systems: Key Issues, Financial Data, and Benefit Provisions," points out that the need for establishment of a centralized mechanism for monitoring the development, interrelationship, and cost of Government retirement systems.

(IV)