Cite as: 532 U. S. 557 (2001)
Opinion of the Court
strict the freedom of choice of the remaining 4% of all current employees. This class consisted of the President, Vice President, high-level Executive Branch employees, Members of Congress, a few other Legislative Branch employees, and all federal judges. See 42 U. S. C. §§ 410(a)(5)(C)-(G); see also H. R. Rep. No. 98-25, p. 39 (1983); H. R. Conf. Rep. No. 98-542, p. 13 (1983) (noting that for these current federal employees "the rules are being changed in the middle of the game"). The new law seemed to require this class of current federal employees to enter into the Social Security program, see 42 U. S. C. §§ 410(a)(5)(C)-(G). But, as to almost all of these employees, the new law imposed no additional financial obligation or burden.
That is because the new law then created an exception to the exception, see Federal Employees' Retirement Contribution Temporary Adjustment Act of 1983, §§ 203(a)(2), 208, 97 Stat. 1107, 1111 (codified at note following 5 U. S. C. § 8331). The exception to the exception said that any member of this small class of current high-level officials (4% of all then-current employees) who contributed to a "covered" retirement program nonetheless could choose to modify their participation in a manner that left their total payroll deduction—for retirement and Social Security—unchanged. A "covered" employee paying 7% of salary to a "covered" program could continue to pay that 7% and no more, in effect avoiding any additional financial obligation as a result of joining Social Security.
The exception to the exception defined a "covered" program to include the Civil Service Retirement and Disability System—a program long available to almost all federal employees—as well as any other retirement system to which an employee must contribute. §§ 203(a)(2)(A), (D). The definition of "covered" program, however, did not encompass the pension system for federal judges—a system that is noncontributory in respect to a judge (but contributory in respect to a spouse).
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