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United States District Court
For the Eastern District of Michigan
Bay City, Michigan 48706

February 5, 1976

Honorable David N. Henderson

Member of Congress

House Office Building
Washington, D.C.

Dear Dave:

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As a former member of the House, and now a U.S. District Judge, I want to express to you my opposition to H.R. 11299, which would prohibit the payment of civil service annuity payments to anyone in the Judicial Branch.

I am not certain what motive prompts the Civil Service Commission to recommend this legislation, but it is grossly unfair to those of us who served in the Congress, who made contributions to the retirement fund, and who have looked forward to receiving the annuity in the future.

Speaking very frankly, there is little incentive to serve in the Judiciary anymore. Certainly anyone in his early fifties who is thus forced to choose between a civil service annuity and a continued career on the bench, would be ill-advised to select the latter. He would be far better off to collect the civil service annuity, return to private practice, or do almost any other thing.

It is difficult for those of us in the judiciary to understand why a distinction should be made in our case, as contrasted to those former members of Congress who take higher paying jobs in private industry, serve with the United Nations, the World Bank, or many other

areas.

I left my contribution, of course, in the retirement fund, in the expectation of eventually drawing my civil service annuity. In addition, however, I was concerned because the civil service retirement plan offered far greater benefits to my wife, in the event of my death. I also felt that I had a degree of protection in the civil service retire

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Honorable David N. Henderson

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February 5, 1976

ment fund under the disability provisions contained therein. Needless to say, none of these problems are answered by H.R. 11299.

I appreciate your consideration of my views on this legislation, and wish to express my admiration on the fine job you are doing in serving our Country.

I have enjoyed the challenge of serving as a U.S. District Judge in the Eastern District of Michigan these past two years since I left Congress, but it goes without saying that my wife and I have greatly missed our many friends in Washington.

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