[Code of Federal Regulations]
[Title 5, Volume 2]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR930.209]

[Page 602-603]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED)
 
PART 930_PROGRAMS FOR SPECIFIC POSITIONS AND EXAMINATIONS (MISCELLANEOUS)--
 
               Subpart B_Administrative Law Judge Program
 
Sec.  930.209  Senior Administrative Law Judge Program.

    (a) OPM administers a Senior Administrative Law Judge Program in 
accordance with 5 U.S.C. 3323(b)(2). The

[[Page 603]]

Senior Administrative Law Judge Program is subject to the requirements 
and limitations in this section.
    (b) A senior administrative law judge must meet the:
    (1) Annuitant requirements under 5 U.S.C. 3323;
    (2) Professional license requirement in Sec.  930.204(b); and
    (3) Investigations and suitability requirements in part 731 of this 
chapter.
    (c) Under the Senior Administrative Law Judge Program, OPM 
authorizes agencies that have temporary, irregular workload requirements 
for conducting proceedings in accordance with 5 U.S.C. 556 and 557 to 
temporarily reemploy administrative law judge annuitants. If OPM is 
unable to identify an administrative law judge under Sec.  930.208 who 
meets the agency's qualification requirements, OPM will approve the 
agency's request.
    (d) An agency wishing to temporarily reemploy an administrative law 
judge must submit a written request to OPM. The request must:
    (1) Identify the statutory authority under which the administrative 
law judge is expected to conduct proceedings;
    (2) Demonstrate the agency's temporary or irregular workload 
requirements for conducting proceedings;
    (3) Specify the tour of duty, location, period of time, or 
particular cases(s) for the requested reemployment; and
    (4) Describe any special qualifications the retired administrative 
law judge possesses that are required of the position, such as 
experience in a particular field, agency, or substantive area of law.
    (e) OPM establishes the terms of the appointment for a senior 
administrative law judge. The senior administrative law judge may be 
reemployed either for a specified period not to exceed 1 year or for 
such time as may be necessary for the senior administrative law judge to 
conduct and complete the hearing and issue decisions for one or more 
specified cases. Upon agency request, OPM may reduce or extend such 
period of reemployment, as necessary, to coincide with changing staffing 
requirements.
    (f) A senior administrative law judge serves subject to the same 
limitations as any other administrative law judge employed under this 
subpart and 5 U.S.C. 3105.
    (g) A senior administrative law judge is paid the rate of basic pay 
for the pay level at which the position has been classified. If the 
position is classified at pay level AL-3, the senior administrative law 
judge is paid the lowest rate of basic pay in AL-3 that equals or 
exceeds the highest previous rate of basic pay attained by the 
individual as an administrative law judge immediately before retirement, 
up to the maximum rate F.