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HR 4566 - 105

District of Columbia Courts and Justice Technical Corrections Act of 1998

Became Public Law No: 105-274.

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Summary

36 Passed House amended Jan 12, 2001

District of Columbia Courts and Justice Technical Corrections Act of 1998 - Makes technical amendments to the Balanced Budget Act of 1997 with respect to provisions regarding the District of Columbia's judicial retirement program. (Sec. 2) Authorizes any Trustee, contractor, or enrolled actuary of the District of Columbia Judicial Retirement and Survivors Annuity Fund, with the Secretary of the Treasury's approval, to enter into subcontracts with the District government or any person to provide services to the Trustee in connection with the contract to administer the Fund. Authorizes the use of the Fund for administrative expenses. Treats Fund benefits as benefits provided under a governmental plan maintained by the District for purposes of the Employee Retirement Income Security Act of 1974. Supersedes provisions of the District of Columbia Retirement Reform Act that are inconsistent with this Act. Confers on the Secretary certain authorities of the District Mayor with respect to determinations of judicial survivor annuities. Amends the District of Columbia Retirement Reform Act to increase the number of members on the District of Columbia Retirement Board from 11 to 12. (Sec. 3) Authorizes certain former District employees who are hired by the Department of Justice or the District of Columbia Offender Supervision, Defender, and Courts Services Agency (Agency) to elect to be covered by the retirement system of the District under which most recently covered. (Sec. 4) Entitles such employees to: (1) credit for service as District employees in determining the rate of accrual of annual leave under Federal civil service provisions; and (2) credit for unused or uncompensated annual and sick leave by the new employing agency. Makes such election and entitlement inapplicable to persons hired on the later of one year after the date on which the Lorton Correctional Complex is closed or one year after the Agency assumes its duties. (Sec. 6) Permits the Joint Committee on Judicial Administration to exclude employees of the District of Columbia Courts whose employment is temporary or of uncertain duration from the Federal Employees' Retirement System (FERS). Repeals: (1) funding through the State Justice Institute for certain District court and legal agencies; and (2) certain provisions regarding the District's probation system. (Sec. 7) Removes the District of Columbia Public Defender Service (Service) from Agency jurisdiction and repeals provisions authorizing appropriations for the Service. Authorizes the Pretrial Services, Defense Services, Parole, Adult Probation and Offender Supervision Trustee (Trustee), at the request of the Director of the Service, to exercise any authorities on behalf of the Service in the same manner as the Trustee exercises such authorities in relation to other agencies whose functions will be assumed by the Agency. Renames the: (1) Trustee as the Pretrial Services, Parole, Adult Probation and Offender Supervision Trustee; and (2) Agency as the Court Services and Offender Supervision Agency for the District of Columbia. Repeals certain amendments affecting the Service made by the Balanced Budget Act of 1997. Amends the District of Columbia Court Reform and Criminal Procedure Act of 1970 to treat Service employees as Federal Government employees for purposes of Federal provisions relating to compensation for work injuries, retirement, FERS, and life and health insurance. Authorizes Service employees to participate in the Thrift Savings Plan. Requires, for purposes of vesting pursuant to the District of Columbia Government Comprehensive Merit Personnel Act of 1978, creditable service with the District for employees whose participation in the District Defined Contribution Plan ceases as a result of the implementation of this amendment to include service performed thereafter for the Service. Authorizes appropriations through the Agency for the Service. Exempts the Service from any general personnel or budget limitations which otherwise apply to the District government or its agencies in any appropriations Act. (Sec. 8) Authorizes the Corrections Trustee appointed pursuant to the Balanced Budget Act of 1997 to provide that any District Department of Corrections employee who meets certain conditions will receive a lump-sum payment for accumulated and accrued sick leave if the employee is separated involuntarily and is not subsequently employed, without a break in service of more than three days, by the Bureau of Prisons or another Federal agency. Permits District Department of Corrections employees to be hired by the Department of Justice as law enforcement officers without regard to any maximum entry age if such an employee will have completed at least ten years of covered service upon attaining the minimum retirement age specified in Federal civil service provisions. Provides for separation of such employees on the last day of the month in which they become 57 years of age, with an extension to 60 years if the Attorney General judges that the public interest so requires. (Sec. 10) Requires this Act to take effect as if included in the enactment of title XI (the National Capital Revitalization and Self-Government Improvement Act of 1997) of the Balanced Budget Act of 1997, except as otherwise provided.

00 Introduced in House Jan 12, 2001

District of Columbia Courts and Justice Technical Corrections Act of 1998 - Makes technical amendments to the Balanced Budget Act of 1997 with respect to provisions regarding the District's judicial retirement program. Authorizes any Trustee, contractor, or enrolled actuary of the District of Columbia Judicial Retirement and Survivors Annuity Fund, with the Secretary of the Treasury's approval, to enter into subcontracts with the District government or any person to provide services to the Trustee in connection with the contract to administer the Fund. Authorizes the use of the Fund for administrative expenses. Treats the Fund as a tax-exempt trust for purposes of the Internal Revenue Code and treats Fund benefits as benefits provided under a governmental plan maintained by the District for purposes of the Employee Retirement Income Security Act of 1974. Supersedes provisions of the District of Columbia Retirement Reform Act that are inconsistent with this section. Confers on the Secretary certain authorities of the District Mayor with respect to determinations of judicial survivor annuities. Amends the District of Columbia Retirement Reform Act to increase the number of members on the District of Columbia Retirement Board from 11 to 12. (Sec. 3) Authorizes certain former District employees who are hired by the Department of Justice or the District of Columbia Offender Supervision, Defender, and Courts Services Agency (Agency) to elect to be covered by the retirement system of the District under which most recently covered. (Sec. 4) Entitles such employees to: (1) credit for service as District employees in determining the rate of accrual of annual leave under Federal civil service provisions; and (2) credit for unused or uncompensated annual and sick leave by the new employing agency. Makes such election and entitlement inapplicable to persons hired on the later of one year after the date on which the Lorton Correctional Complex is closed or one year after the Agency assumes its duties. (Sec. 6) Permits the Joint Committee on Judicial Administration to exclude employees of the District of Columbia Courts whose employment is temporary or of uncertain duration from the Federal Employees' Retirement System (FERS). Repeals: (1) funding through the State Justice Institute for certain District court and legal agencies; and (2) certain provisions regarding the District's probation system. (Sec. 7) Removes the District of Columbia Public Defender Service (Service) from Agency jurisdiction and repeals provisions authorizing appropriations for the Service. Authorizes the Pretrial Services, Defense Services, Parole, Adult Probation and Offender Supervision Trustee (Trustee), at the request of the Director of the Service, to exercise any authorities on behalf of the Service in the same manner as the Trustee exercises such authorities in relation to other agencies whose functions will be assumed by the Agency. Renames the: (1) Trustee as the Pretrial Services, Parole, Adult Probation and Offender Supervision Trustee; and (2) Agency as the Court Services and Offender Supervision Agency for the District of Columbia. Repeals certain amendments affecting the Service made by the Balanced Budget Act of 1997. Amends the District of Columbia Court Reform and Criminal Procedure Act of 1970 to treat Service employees as Federal Government employees for purposes of Federal provisions relating to compensation for work injuries, retirement, FERS, and life and health insurance. Authorizes Service employees to participate in the Thrift Savings Plan. Requires, for purposes of vesting pursuant to the District of Columbia Government Comprehensive Merit Personnel Act of 1978, creditable service with the District for employees whose participation in the District Defined Contribution Plan ceases as a result of the implementation of this amendment to include service performed thereafter for the Service. Authorizes appropriations through the Agency for the Service. Exempts the Service from any general personnel or budget limitations which otherwise apply to the District government or its agencies in any appropriations Act. (Sec. 8) Authorizes the Corrections Trustee appointed pursuant to the Balanced Budget Act of 1997 to provide that any District Department of Corrections employee who meets certain conditions will receive a lump-sum payment for accumulated and accrued sick leave if the employee is separated involuntarily and is not subsequently employed, without a break in service of more than three days, by the Bureau of Prisons or another Federal agency. Permits District Department of Corrections employees to be hired by the Department of Justice as law enforcement officers without regard to any maximum entry age if such an employee will have completed at least ten years of covered service upon attaining the minimum retirement age specified in Federal civil service provisions. Provides for separation of such employees on the last day of the month in which they become 57 years of age, with an extension to 60 years if the Attorney General judges that the public interest so requires. (Sec. 10) Requires this Act to take effect as if included in the enactment of title XI (the National Capital Revitalization and Self-Government Improvement Act of 1997) of the Balanced Budget Act of 1997, except as otherwise provided.

Sponsors

Timeline

Oct 21, 1998

Signed by President.

Oct 21, 1998

Signed by President.

Oct 21, 1998

Became Public Law No: 105-274.

Oct 21, 1998

Became Public Law No: 105-274.

Oct 20, 1998

Presented to President.

Oct 20, 1998

Presented to President.

Oct 14, 1998

Passed/agreed to in Senate: Passed Senate without amendment by Unanimous Consent.(consideration: CR S12477)

Oct 14, 1998

Passed Senate without amendment by Unanimous Consent. (consideration: CR S12477)

Oct 14, 1998

Message on Senate action sent to the House.

Oct 12, 1998

Received in the Senate, read twice.

Oct 10, 1998

Mr. Davis (VA) moved to suspend the rules and pass the bill, as amended.

Oct 10, 1998

Considered under suspension of the rules. (consideration: CR H10466-10469)

Oct 10, 1998

DEBATE - The House proceeded with forty minutes of debate.

Oct 10, 1998

Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.

Oct 10, 1998

On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.

Oct 10, 1998

Motion to reconsider laid on the table Agreed to without objection.

Oct 10, 1998

The title of the measure was amended. Agreed to without objection.

Oct 8, 1998

Committee Consideration and Mark-up Session Held.

Oct 8, 1998

Ordered to be Reported (Amended) by Voice Vote.

Sep 18, 1998

Referred to the Subcommittee on District of Columbia.

Sep 18, 1998

Subcommittee Consideration and Mark-up Held by the Subcommittee on Districtof Columbia and Forwarded to Full Committee by Voice Vote Prior to Introduction (Sept 9, 98).

Sep 15, 1998

Introduced in House

Sep 15, 1998

Introduced in House

Sep 15, 1998

Referred to House Government Reform

Sep 15, 1998

Referred to the Committee on Government Reform and Oversight, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Sep 15, 1998

Referred to House Ways and Means

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