5 C.F.R. § 930.216 Temporary reemployment: senior administrative law judges.
Title 5 - Administrative Personnel
(a)(1) Subject to the requirements and limitations of this section, the following annuitants, as defined by 5 U.S.C. 8331, who are receiving an annuity from the Civil Service Retirement and Disability Fund may be temporarily reemployed as administrative law judges by an agency that has temporary, irregular workload requirements for conducting proceedings in accordance with 5 U.S.C. 556 and 557: (i) Annuitants who have served with absolute status as administrative law judges under 5 U.S.C. 3105; and (ii) Annuitants who have met current examination requirements set forth in OPM Examination Announcement 318 (including the requirement to maintain a current license to practice law under the laws of a state, the District of Columbia, the Commonwealth of Puerto Rico, or any territorial court established under the Constitution). (2) These retired administrative law judges who are so reemployed will be known as senior administrative law judges. (b) Retired administrative law judges who meet the requirements of paragraph (a) of this section and who are available for temporary reemployment must notify OPM in writing of their availability, giving their full names, addresses, telephone numbers, names of the agencies where they served as administrative law judges, and jurisdictions in which they are currently licensed to practice law. OPM will maintain a master list of such retired administrative law judges for use in responding to agency requests for such administrative law judges. (c) An agency that wishes to temporarily reemploy administrative law judges must submit a written request to OPM. The request will— (1) Identify the statutory authority under which the administrative law judge is expected to conduct proceedings; (2) Demonstrate that the agency is occasionally or temporarily understaffed; (3) Specify the tour of duty, location, period of time, or particular case(s), for the requested reemployment; and (4) Describe any special qualifications desired in the retired administrative law judge that it wishes to reemploy, such as experience in a particular field, agency, or substantive area of law. (d) OPM will approve agency requests for temporary reemployment of retired administrative law judges for a specified period or periods provided— (1) The requesting agency fully justifies the need for an administrative law judge for formal proceedings and demonstrates that it is occasionally or temporarily understaffed; and (2) No other administrative law judge with the appropriate qualifications is available through OPM under §930.213 of this subpart to perform the occasional or temporary work for which reemployment is requested. (e) Upon approval of an agency request to reemploy a retired administrative law judge, OPM will select from its master list of retired administrative law judges, in rotation to the extent practicable, those retired judges who it determines meet agency requirements. OPM will then provide a list of such individuals to the requesting agency and the agency must then select from that list a retired administrative law judge for reemployment. (f) Reemployment of retired administrative law judges is subject to investigation of suitability in accordance with §§731.201 through 731.303 of this chapter. It is also subject to conflict of interest and security investigation requirements by the appointing agency. (g) Reemployment as senior administrative law judges will be for either a specified period not to exceed 1 year; or such periods as may be necessary for the reemployed administrative law judge to conduct and complete the hearing of one or more specified cases and issue decisions therein. Upon agency request, OPM may either reduce or extend such period of reemployment, as necessary, to coincide with changing staffing requirements, but not to exceed 1 year. (h) An agency may assign its senior administrative law judges to either (1) hear one or more specific cases; or (2) hear, in normal rotation to the extent practicable, a number of cases on its docket and issue decisions therein. (i) Hours of duty, administrative support services, and travel reimbursement for senior administrative law judges will be determined by the employing agency in accordance with the same rules and procedures that are generally applicable to employees. (j) A senior administrative law judge serves subject to the same limitations on performance appraisal and reduction in pay or removal as any other administrative law judge employed under this subpart and 5 U.S.C. 3105. An agency will not rate the performance of a senior administrative law judge. Reduction-in-pay or removal actions may not be taken against senior administrative law judges during the period of reemployment, except for good cause established and determined by the Merit Systems Protection Board after opportunity for a hearing on the record before the Board as provided in 5 U.S.C. 7521 and §§1201.131 through 1201.136 of this title. (k) A senior administrative law judge will be paid by the employing agency the current rate of pay for the level at which the duties to be performed have been placed and at the lowest rate of the level that is nearest (when rounded up) to the highest previous grade and step, or level and rate, attained as an administrative law judge before retirement. An amount equal to the annuity allocable to the period of actual employment will be deducted from his or her pay and deposited in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund. [52 FR 32403, Sept. 10, 1987, as amended at 56 FR 6210, Feb. 14, 1991]
Title 5: Administrative Personnel
PART 930—PROGRAMS FOR SPECIFIC POSITIONS AND EXAMINATIONS (MISCELLANEOUS)
Subpart B—Appointment, Pay, and Removal of Administrative Law Judges
General Provisions
§ 930.216 Temporary reemployment: senior administrative law judges.
