1 So in original. Comma probably should be a semicolon.
and
Editorial Notes
References in TextThe date of the enactment of the Retirement and Survivors’ Annuities for Bankruptcy Judges and Magistrates Act of 1988, referred to in subsec. (a)(1)(v), is the date of the enactment of Puspan. L. 100–659, which was approved Nov. 15, 1988.
The date of the enactment of the Federal Courts Study Committee Implementation Act of 1990, referred to in subsec. (a)(1)(vi), is the date of enactment of Puspan. L. 101–650, which was approved Dec. 1, 1990.
The date of the enactment of the Federal Courts Administration Act of 1992, referred to in subsec. (a)(1)(vii), is the date of enactment of Puspan. L. 102–572, which was approved Oct. 29, 1992.
Section 3 of the Judicial Survivors’ Annuities Reform Act, referred to in subsec. (span)(3), is section 3 of Puspan. L. 94–554, which is set out as a note below.
The date of enactment of the Judicial Survivors Protection Act of 2009, referred to in subsec. (x), is the date of enactment of Puspan. L. 111–49, which was approved Aug. 12, 2009.
The Judicial Survivors Protection Act of 2009, referred to in subsec. (x), is Puspan. L. 111–49, Aug. 12, 2009, 123 Stat. 1976, which amended this section and enacted provisions set out as a note under this section. Section 4(a) of the Act is set out in a note under this section. For complete classification of this Act to the Code, see Tables.
Amendments2012—Subsec. (h)(2). Puspan. L. 112–234, § 2(span)(2), substituted “subsection (w)” for “subsection (x)”.
Subsecs. (w) to (y). Puspan. L. 112–234, § 2(span)(1), redesignated subsecs. (x) and (y) as (w) and (x), respectively, and struck out former subsec. (w) which read as follows: “The Comptroller General of the United States shall, at the end of each 3-fiscal year period, determine whether the contributions by judicial officials under subsection (span) during that 3-year period accounted for 50 percent of the costs of the Judicial Survivors’ Annuities Fund and if not, then what adjustments in the contribution rates under subsection (span) should be made to achieve that 50 percent figure. The Comptroller General shall report the results of each determination under this subsection to the Congress.”
2009—Subsec. (y). Puspan. L. 111–49 added subsec. (y).
2008—Subsec. (a)(1)(E), (2)(E). Puspan. L. 110–402 substituted “a Counselor” for “an administrative assistant”.
Subsec. (h)(2). Puspan. L. 110–428, § 3(span), substituted “, subject to subsection (x).” for period at end.
Subsec. (x). Puspan. L. 110–428, § 3(a), added subsec. (x).
2000—Subsec. (a)(1)(D). Puspan. L. 106–518, § 312(span)(1), substituted “subsection (a)” for “subsection (span)”.
Subsec. (a)(2)(D). Puspan. L. 106–518, § 312(span)(2), substituted “subsection (span) or (c)” for “subsection (c) or (d)”.
1996—Subsec. (span)(1). Puspan. L. 104–317, § 308, amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Every judicial official who files a written notification of his or her intention to come within the purview of this section, in accordance with paragraph (1) of subsection (a) of this section, shall be deemed thereby to consent and agree to having deducted and withheld from his or her salary, a sum equal to 2.2 percent of that salary, and a sum equal to 3.5 percent of his or her retirement salary. The deduction from any retirement salary—
“(A) of a justice or judge of the United States retired from regular active service who is described in section 371(span)(1) of this title,
“(B) of a justice or judge of the United States retired under section 372(a) of this title who is willing and able to perform judicial duties in accordance with section 294 of this title,
“(C) of a judge of the United States Court of Federal Claims retired under section 178(a) or (span) of this title who meets the requirements of section 178(d) of this title, or
“(D) of a judicial official on recall under section 155(span), 797, 373(c)(4), 375, or 636(h) of this title,
shall be an amount equal to 2.2 percent of retirement salary.”
Subsec. (o)(1). Puspan. L. 104–317, § 302, substituted “while receiving retirement salary, or after filing an election and otherwise complying with the conditions under subsection (span)(2) of this section,” for “or while receiving ‘retirement salary’,” in introductory provisions.
1992—Subsec. (a)(1). Puspan. L. 102–572, §§ 201(a), 902(span)(2), in concluding provisions substituted “Court of Federal Claims” for “Claims Court” in cl. (vi) and added cl. (vii).
Subsec. (a)(1)(G), (2)(G). Puspan. L. 102–572, § 902(span)(1), substituted “United States Court of Federal Claims” for “United States Claims Court”.
Subsec. (span). Puspan. L. 102–572, § 201(span), designated first sentence as par. (1), substituted “a sum equal to 2.2 percent of that salary, and a sum equal to 3.5 percent of his or her retirement salary.” and second sentence for “including any ‘retirement salary’, a sum equal to 5 percent of that salary.”, added par. (2), designated last 3 sentences as par. (3), and substituted “deducted and withheld from the salary of each judicial official under paragraphs (1) and (2) of this subsection” for “so deducted and withheld from the salary of each such judicial official”.
Subsec. (d)(1), (2). Puspan. L. 102–572, § 201(c), substituted “3.5 percent” for “5 percent”.
Subsec. (g). Puspan. L. 102–572, § 201(d), amended subsec. (g) generally. Prior to amendment, subsec. (g) read as follows: “If any judicial official resigns from office without receiving any ‘retirement salary,’ all amounts credited to his or her individual account, together with interest at 4 percent per anspan to December 31, 1947; and at 3 percent per anspan thereafter, compounded on December 31 of each year, to the date of his or her relinquishment of office, shall be returned to that judicial official in a lump-sum payment within a reasonable period of time following the date of his or her relinquishment of office. For the purposes of this subsection a ‘reasonable period of time’ shall be presumed to be no longer than one year following the date upon which such judicial official relinquished his or her office.”
Subsec. (h)(1). Puspan. L. 102–572, § 201(e), substituted “while receiving retirement salary, or after filing an election and otherwise complying with the conditions under subsection (span)(2) of this section” for “or while receiving ‘retirement salary,’ ”.
Subsec. (k)(5). Puspan. L. 102–572, § 201(f), added par. (5).
Subsec. (l)(1). Puspan. L. 102–572, § 201(g), substituted “, or during those three years while receiving a retirement salary, in which his or her annual salary or retirement salary” for “in which his or her annual salary” in cl. (i) of introductory provisions, added subpar. (D), and redesignated former subpar. (D) as (E).
Subsec. (v). Puspan. L. 102–572, § 201(h), added subsec. (v).
Subsec. (w). Puspan. L. 102–572, § 201(i), added subsec. (w).
1990—Subsec. (a)(1). Puspan. L. 101–650, § 306(span)(1), added subpar. (G) and cl. (vi) before semicolon at end.
Subsec. (a)(2)(G). Puspan. L. 101–650, § 306(span)(2), added subpar. (G).
Subsec. (a)(5)(C). Puspan. L. 101–650, § 322(g)(2), substituted “paragraph” for “subparagraph”.
Subsec. (a)(7). Puspan. L. 101–650, § 322(span), added par. (7).
Subsec. (span). Puspan. L. 101–650, § 306(span)(3), substituted “section 178 or 377” for “section 377” in two places.
Subsec. (h)(1). Puspan. L. 101–650, § 322(a)(1)–(4), inserted “(A)” before “after having completed”, inserted “, or (B) if the death of such judicial official was by assassination, before having satisfied the requirements of clause (A) if, for the period of such service, the deductions provided by subsection (span) or, in lieu thereof, the deposits required by subsection (d) have actually been made” after “have actually been made”, redesignated former subpars. (A) to (C) as cls. (i) to (iii), respectively, in cl. (ii) redesignated former cls. (i) and (ii) as subcls. (I) and (II), respectively, in cl. (iii) redesignated former cls. (i) to (iii) as subcls. (I) to (III), respectively, and in subcl. (I) substituted “clause (i) of this paragraph” for “subparagraph (1)(A) of this subsection”.
Subsec. (h)(2). Puspan. L. 101–650, § 322(g)(1)(A), substituted “clause (i) or (ii) of paragraph (1)” for “subparagraphs (1)(A) or (1)(B)”.
Subsec. (h)(3). Puspan. L. 101–650, § 322(g)(1)(B), substituted “paragraph” for “subparagraph” wherever appearing.
Subsec. (h)(4). Puspan. L. 101–650, § 322(g)(1)(C), substituted “paragraph (1)(ii)” for “subparagraph (1)(B)” in two places and “paragraph (1)(iii)” for “subparagraph (1)(C)”.
Subsec. (h)(6). Puspan. L. 101–650, § 322(a)(5), added par. (6).
Subsec. (i). Puspan. L. 101–650, § 322(c), designated existing provisions as par. (1) and added par. (2).
Subsec. (l)(1)(ii). Puspan. L. 101–650, § 322(d), struck out “but more than eighteen months,” after “less than three years,”.
Subsec. (o). Puspan. L. 101–650, § 322(e), inserted “(1)” after “(o)”, redesignated former pars. (1) to (3) as subpars. (A) to (C), respectively, inserted “subject to paragraph (2) of this subsection,” before “before having completed” in subpar. (A), and added par. (2).
Subsec. (u). Puspan. L. 101–650, § 322(f), added subsec. (u).
1988—Subsec. (a)(1). Puspan. L. 100–659, § 3(a)(1), added subpar. (F) and substituted “, (iv) October 1, 1986, or (v) the date of the enactment of the Retirement and Survivors’ Annuities for Bankruptcy Judges and Magistrates Act of 1988, in the case of a full-time bankruptcy judge or United States magistrate in active service on that date;” for “; or (iv) October 1, 1986;” in concluding provisions.
Subsec. (a)(2)(F). Puspan. L. 100–659, § 3(a)(2), added subpar. (F).
Subsec. (span). Puspan. L. 100–659, § 3(a)(3), inserted “(and any deductions made under section 377 of this title or under subchapter III of chapter 83, or chapter 84, of title 5)” after “deductions” and “(and under section 377 of this title or under subchapter III of chapter 83, or chapter 84, of title 5)” before period at end of last sentence.
Subsec. (m). Puspan. L. 100–702 amended subsec. (m) generally. Prior to amendment, subsec. (m) read as follows: “Whenever the salary paid for service in one of the offices designated in paragraph (1) of subsection (a) of this section is increased, each annuity payable from the ‘Judicial Survivors’ Annuities Fund’, which is based, in whole or in part, upon a deceased judicial official having rendered some portion of his or her final eighteen months of service in that same office, shall also be increased. The actual amount of the increase in such an annuity shall be determined by multiplying the amount of the annuity, on the date on which the increase in salary becomes effective, by 3 percent for each 5 percent by which such salary has been increased. In the event that such salary is increased by less than 5 percent, there shall be no increase in such annuity.”
1986—Subsec. (a)(1). Puspan. L. 99–336, § 2(a)(1), substituted “she marries, (iii) January 1, 1977; or (iv) October 1, 1986” for “she marries, or (iii) the date upon which the Judicial Survivors’ Annuities Reform Act becomes effective” in concluding provision.
Subsec. (a)(1)(B). Puspan. L. 99–396, § 21(span)(1), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “a judge of the United States District Court for the District of the Canal Zone, the District Court of Guam, or the District Court of the Virgin Islands;”.
Subsec. (a)(2)(B). Puspan. L. 99–396, § 21(span)(2), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “in the case of a judge of the United States District Court for the District of the Canal Zone, the District Court of Guam, or the District Court of the Virgin Islands, salary paid after retirement from office (i) by resignation on salary under section 373 of this title or (ii) by removal or failure of reappointment after not less than ten years’ judicial service;”.
Subsec. (a)(6). Puspan. L. 99–336, § 2(d)(1), added par. (6).
Subsec. (span). Puspan. L. 99–336, § 2(a)(2), substituted “5 percent” for “4.5 percent”.
Subsec. (c). Puspan. L. 99–336, § 2(a)(3), in amending subsec. (c) generally, designated existing provisions as par. (1), substituted provisions which related to amounts deposited to credit of Judicial Survivors’ Annuities Fund to reduce unfunded liability of Fund to zero, for provisions which related to deposit of amounts matching those deducted and withheld in accordance with subsec. (span), and added pars. (2) and (3).
Subsec. (d). Puspan. L. 99–336, § 2(a)(2), substituted “5 percent” for “4.5 percent” in pars. (1) and (2).
Subsec. (h)(1)(B). Puspan. L. 99–336, § 2(a)(4)(A), substituted “10 percent of the average annual salary determined under subsection (l)(1) of this section” for “$1,548” in cl. (i) and “20 percent of such average annual salary” for “$4,644” in cl. (ii).
Subsec. (h)(1)(C). Puspan. L. 99–336, § 2(a)(4)(B), substituted “20 percent of the average annual salary determined under subsection (l)(1) of this section” for “$1,860” in cl. (ii) and “40 percent of such average annual salary amount” for “$5,580” in cl. (iii).
Subsec. (h)(2). Puspan. L. 99–336, § 2(a)(4)(C), inserted “before attaining age 55” after “or remarriage”.
Subsec. (k)(1). Puspan. L. 99–336, § 2(e), struck out “under subsection (span) of” before “section 371”.
Subsec. (l). Puspan. L. 99–336, § 2(a)(5)(C), (d)(3)(A), substituted provisions which set annuity limit not to exceed 50 percent of, nor be less than 25 percent of, average annual salary, for provisions which set annuity limit not to exceed 40 percent of average annual salary, and inserted provision that annuity determined in accordance with provisions of subsec. (l) be reduced by the amount of any annuity payable to a former spouse under subsection (t).
Subsec. (l)(1). Puspan. L. 99–336, § 2(a)(5)(A), substituted “1.5 percent” for “1¼ percent”.
Subsec. (l)(2). Puspan. L. 99–336, § 2(a)(5)(B), substituted “of this subsection;” for “of this subsection:”.
Subsec. (n). Puspan. L. 99–336, § 2(d)(3)(B), inserted “except as provided in subsections (s) and (t),” after “in equity,” in last sentence.
Subsec. (o)(2), (3). Puspan. L. 99–336, § 2(d)(3)(C), inserted “or (t)” after “subsection (h)”.
Subsecs. (s), (t). Puspan. L. 99–336, § 2(d)(2), added subsecs. (s) and (t).
1978—Subsec. (a)(2)(A). Puspan. L. 95–598 directed the amendment of subpar. (A) by adding cl. (iii) relating to bankruptcy judges, which amendment did not become effective pursuant to section 402(span) of Puspan. L. 95–598, as amended, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.
1976—Puspan. L. 94–554 amended section generally so as to reform and update the existing judicial survivors’ annuity program providing benefits for surviving spouses and children of all Federal Justices and judges who elect to join the program by placing the program in an actuarially sound fiscal condition, providing more liberal eligibility standards and reasonable increases in existing annuity amounts made necessary by increases in the cost of living since existing annuities were commenced, and by establishing a method for providing future periodic increases in annuity amounts by keying them into increases in judicial salaries.
1972—Subsecs. (a) to (c), (e) to (g), (i) to (k), (n), (o). Puspan. L. 92–397 substituted “of justices and judges of the United States” for “of judges” in section catchline and substituted “justice or judge” for “judge” and “justice’s or judge’s” for “judge’s” wherever appearing.
1968—Subsec. (a). Puspan. L. 90–466 struck out “(or within six months after the enactment of this section)” after “takes office” and authorized Federal judges to elect within six months of marriage to participate in the judicial survivors annuity system.
1967—Subsecs. (r), (s). Puspan. L. 90–219 added subsecs. (r) and (s).
1958—Subsec. (q). Puspan. L. 85–508 struck out provisions which related to the judge of the District Court for the Territory of Alaska. See section 81A of this title which establishes a United States District Court for the State of Alaska.
Statutory Notes and Related Subsidiaries
Change of NameWords “magistrate judge” and “United States magistrate judge” substituted for “magistrate” and “United States magistrate”, respectively, wherever appearing in subsec. (a) pursuant to section 321 of Puspan. L. 101–650, set out as a note under section 631 of this title.
Effective Date of 2008 AmendmentPuspan. L. 110–428, § 3(c), Oct. 15, 2008, 122 Stat. 4840, as amended by Puspan. L. 111–32, title V, § 501(a), June 24, 2009, 123 Stat. 1879, provided that:“(1)In general.—This section [amending this section] and the amendments made by this section shall take effect on the first day of the first month beginning at least 30 days after the date of the enactment of this Act [Oct. 15, 2008] and shall apply in the case of a remarriage which is dissolved by death, divorce, or annulment on or after such first day.
“(2)Limited retroactive effect.—“(A)In general.—In the case of a remarriage which is dissolved by death, divorce, or annulment within the 5-year period ending on the day before the effective date of this section, the amendments made by this section shall apply only if the widow or widower satisfies the requirements of paragraphs (1) and (2) of section 376(x) [now 376(w)] of title 28, United States Code (as amended by this section) before—“(i) the end of the 2-year period beginning on the effective date of this section; or
“(ii) such later date as Director of the Administrative Office of the United States Courts may by regulation prescribe.
“(B)Restoration.—If the requirements of paragraph (1) are satisfied, the survivor annuity shall be restored, commencing on the date the remarriage was dissolved by death, annulment, or divorce, at the rate which was in effect when the annuity was terminated.
“(C)Lump-sum payment.—Any amounts becoming payable to the widow or widower under this subsection for the period beginning on the date on which the annuity was terminated and ending on the date on which periodic annuity payments resume shall be payable in a lump-sum payment.”
[Puspan. L. 111–32, title V, § 501(span), June 24, 2009, 123 Stat. 1879, provided that: “The amendments made by subsection (a) [amending section 3(c) of Puspan. L. 110–428, set out above] shall take effect as if included in the enactment of Public Law 110–428.”]
Effective Date of 1992 AmendmentPuspan. L. 102–572, title II, § 202, Oct. 29, 1992, 106 Stat. 4511, provided that: “This title [amending this section and enacting provisions set out below] and the amendments made by this title shall take effect on the date of the enactment of this Act [Oct. 29, 1992].”
Amendment by section 902(span) of Puspan. L. 102–572 effective Oct. 29, 1992, see section 911 of Puspan. L. 102–572, set out as a note under section 171 of this title.
Effective Date of 1990 Amendment; Transition ProvisionsAmendment by section 306(span) of Puspan. L. 101–650 applicable to judges of, and senior judges in active service with, the United States Court of Federal Claims on or after Dec. 1, 1990, see section 306(f) of Puspan. L. 101–650, as amended, set out as a note under section 8331 of Title 5, Government Organization and Employees.
Puspan. L. 101–650, title III, § 322(g), Dec. 1, 1990, 104 Stat. 5119, provided that:“(1)Effective date.—Subject to paragraph (2), the amendments made by this Act [probably should be “section”, which amended this section] shall apply to all judicial officials assassinated on or after May 28, 1979.
“(2)Rules for retroactive application.—(A) In the case of a judicial official who was assassinated on or after May 28, 1979, and before the date of the enactment of this Act [Dec. 1, 1990], if the salary deductions provided by subsection (span) of section 376 of title 28, United States Code, or the deposits required by subsection (d) of such section, have been withdrawn pursuant to subsection (o) of such section, there shall be deducted from the annuities otherwise payable to the survivor or survivors of such judicial official, and the payment authorized by subparagraph (C) of this paragraph, an amount equal to the amount so withdrawn, with interest on the amount withdrawn at 3 percent per anspan compounded on December 31 of each year.
“(B) In the case of the survivor or survivors of a judicial official to whom this paragraph applies who had less than 18 months of service before being assassinated, there shall be deducted from the annuities otherwise payable to the survivor or survivors of such judicial official, and the payment authorized by subparagraph (C) of this paragraph, an amount equal to the amount of salary deductions that would have been made if such deductions [had] been made for 18 months before the judicial official’s death, plus interest as described in subparagraph (A).
“(C) Subject to subparagraphs (A) and (B), the survivor or survivors of a judicial official to whom this paragraph applies shall be entitled to the payment of annuities they would have received under section 376 of title 28, United States Code, for the period beginning on the date such judicial official was assassinated and ending the date of the enactment of this Act. The Secretary of the Treasury shall pay into the Judicial Survivors’ Annuities fund, out of any money in the Treasury not otherwise appropriated, the amount of the annuities to which the survivor or survivors are entitled under this subparagraph.
“(3)Definition.—For purposes of this subsection, the term—“(A) ‘assassinated’ has the meaning given that term in section 376(a)(7) of title 28, United States Code, as added by this section; and
“(B) ‘judicial official’ has the meaning given that term in section 376(a)(1)(A) and (B) of title 28, United States Code.”
Effective Date of 1988 AmendmentsPuspan. L. 100–702, title X, § 1017(c), Nov. 19, 1988, 102 Stat. 4670, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to increases in annuities which are made under section 8340(span) of title 5, United States Code, on or after the date of enactment of this title [Nov. 19, 1988].”
Amendment by Puspan. L. 100–659 effective Nov. 15, 1988, and applicable to bankruptcy judges and magistrate judges who retire on or after Nov. 15, 1988, with exception for judges and magistrate judges retiring on or after July 31, 1987, see section 9 of Puspan. L. 100–659, as amended, set out as an Effective Date note under section 377 of this title.
Effective Date of 1986 AmendmentsAmendment by Puspan. L. 99–396 not to affect the amount payable to a judge who retired in accordance with the provisions of section 373 of this title in effect on the day before Aug. 27, 1986, see section 21(c) of Puspan. L. 99–396, set out as a note under section 373 of this title.
Puspan. L. 99–336, § 2(f), June 19, 1986, 100 Stat. 637, provided that: “This section [amending this section and enacting provisions set out below] shall take effect on October 1, 1986.”
Effective Date of 1976 AmendmentPuspan. L. 94–554, § 8, Oct. 19, 1976, 90 Stat. 2612, provided: “That this Act [amending this section and enacting provisions set out below] shall become effective on the first day of the third month following the month in which it is enacted [Jan. 1, 1977], or on October 1, 1976, whichever occurs last.”
Effective Date of 1958 AmendmentAmendment by Puspan. L. 85–508 effective Jan. 3, 1959, on admission of Alaska into the Union pursuant to Proc. No. 3269, Jan. 5, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Puspan. L. 85–508, see notes set out under section 81A of this title and preceding section 21 of Title 48, Territories and Insular Possessions.
Retroactive Effect of 1967 AmendmentThe provisions of section 611(a) of this title, the first paragraph of section 611(span) of this title, and subsec. (s) of this section, as added by Puspan. L. 90–219, applicable to a Director or former Director of the Administrative Office of the United States Courts who was first appointed prior to Dec. 20, 1967 if at the time such Director or former Director left or leaves such office he had, or shall have, attained the age of sixty-five years and completed fifteen years of service as Director of the Administrative Office of the United States Courts and if, on or before the expiration of six months following Dec. 20, 1967, he makes the election referred to in section 611(a) of this title or subsec. (s) of this section, or both, as the case may be, see section 205(span) of Puspan. L. 90–219, set out as a Retroactive Effect note under section 611 of this title.
Savings ProvisionPuspan. L. 94–554, § 6, Oct. 19, 1976, 90 Stat. 2611, provided: “That the benefits conferred by this Act shall, on the date upon which this Act becomes effective [Jan. 1, 1977], immediately become available to any individual then receiving an annuity under section 2 of the Act of August 3, 1956 (70 Stat. 1021) [enacting this section], as amended: Provided, That although the rights of any judicial official electing to come within the purview of section 376 of title 28, United States Code, on or after the date upon which this Act becomes effective, shall be determined exclusively under the provisions of that section as amended by this Act, nothing in this Act shall be interpreted to cancel, abrogate, or diminish any rights to which an individual or his or her survivors may be entitled by virtue of that individuals having contributed to the judicial survivors annuity fund established by section 2 of the Act of August 3, 1956 (70 Stat. 1021) as amended, before the date upon which this Act becomes effective.”
Transfer of FunctionsFor transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(span), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
Judicial Survivors ProtectionPuspan. L. 111–49, Aug. 12, 2009, 123 Stat. 1976, provided that:“SECTION 1. SHORT TITLE.“This Act may be cited as the ‘Judicial Survivors Protection Act of 2009’.
“SEC. 2. DEFINITIONS.“In this Act:“(1) The term ‘judicial official’ refers to incumbent officials defined under section 376(a) of title 28, United States Code.
“(2) The term ‘Judicial Survivors’ Annuities Fund’ means the fund established under section 3 of the Judicial Survivors’ Annuities Reform Act (28 U.S.C. 376 note; Public Law 94–554; 90 Stat. 2611). “(3) The term ‘Judicial Survivors’ Annuities System’ means the program established under section 376 of title 28, United States Code.
“SEC. 3. PERSONS NOT CURRENTLY PARTICIPATING IN THE JUDICIAL SURVIVORS’ ANNUITIES SYSTEM.“(a)Election of Judicial Survivors’ Annuities System Coverage.—An eligible judicial official may elect to participate in the Judicial Survivors’ Annuities System during the open enrollment period specified in subsection (d).
“(span)Manner of Making Elections.—An election under this section shall be made in writing, signed by the person making the election, and received by the Director of the Administrative Office of the United States Courts before the end of the open enrollment period.
“(c)Effective Date for Elections.—Any such election shall be effective as of the first day of the first calendar month following the month in which the election is received by the Director.
“(d)Open Enrollment Period Defined.—The open enrollment period under this section is the 6-month period beginning 30 days after the date of enactment of this Act [Aug. 12, 2009].
“SEC. 4. JUDICIAL OFFICERS’ CONTRIBUTIONS FOR OPEN ENROLLMENT ELECTION.“(a)Contribution Rate.—Every active judicial official who files a written notification of his or her intention to participate in the Judicial Survivors’ Annuities System during the open enrollment period shall be deemed thereby to consent and agree to having deducted from his or her salary a sum equal to 2.75 percent of that salary or a sum equal to 3.5 percent of his or her retirement salary, except that the deduction from any retirement salary—“(1) of a justice or judge of the United States retired from regular active service under section 371(span) or 372(a) of title 28, United States Code;
“(2) of a judge of the United States Court of Federal Claims retired under section 178 of title 28, United States Code; or
“(3) of a judicial official on recall under section 155(span), 373(c)(4), 375, or 636(h) of title 28, United States Code,
shall be an amount equal to 2.75 percent of retirement salary.
“(span)Contributions To Be Credited to Judicial Survivors’ Annuities Fund.—Contributions made under subsection (a) shall be credited to the Judicial Survivors’ Annuities Fund.
“SEC. 5. DEPOSIT FOR PRIOR CREDITABLE SERVICE.“(a)Lump Sum Deposit.—Any judicial official who files a written notification of his or her intention to participate in the Judicial Survivors’ Annuities System during the open enrollment period may make a deposit equaling 2.75 percent of salary, plus 3 percent annual, compounded interest, for the last 18 months of prior service, to receive the credit for prior judicial service required for immediate coverage and protection of the official’s survivors. Any such deposit shall be made on or before the closure of the open enrollment period.
“(span)Deposits To Be Credited to Judicial Survivors’ Annuities Fund.—Deposits made under subsection (a) shall be credited to the Judicial Survivors’ Annuities Fund.
“SEC. 6. VOLUNTARY CONTRIBUTIONS TO ENLARGE SURVIVORS’ ANNUITY.“SEC. 7. EFFECTIVE DATE.“This Act, including the amendment made by section 6, shall take effect on the date of enactment of this Act [Aug. 12, 2009].”
Credit for Contributions Prior to 1992 Amendment at Higher RatePuspan. L. 102–572, title II, § 201(j), Oct. 29, 1992, 106 Stat. 4510, provided that: “Notwithstanding any other provision of law, the contribution under section 376(span)(1) or (2) of title 28, United States Code (as amended by this section), of any judicial official who is within the purview of such section 376 on the effective date of this title [Oct. 29, 1992] shall be reduced by 0.5 percent for a period of time equal to the number of years of service for which the judicial official has made contributions or deposits before the enactment of this Act [Oct. 29, 1992] to the credit of the Judicial Survivors’ Annuities Fund or for 18 months, whichever is less, if such contributions or deposits were never returned to the judicial official. For purposes of this subsection, the term ‘years’ shall mean full years and twelfth parts thereof.”
Redeposit of Contributions Prior to 1992 AmendmentPuspan. L. 102–572, title II, § 201(k), Oct. 29, 1992, 106 Stat. 4510, provided that: “Any judicial official as defined in section 376(a)(1) of title 28, United States Code, who makes an election under section 376(span) of title 28, United States Code, may make a redeposit, as required by section 7 of Public Law 94–554 [set out below] and section 2(c)(2) of Public Law 99–336 [set out below], to the credit of the Judicial Survivors’ Annuities Fund in installments, in such amounts and under such conditions as may be determined in each instance by the Director of the Administrative Office of the United States Courts. If a judicial official elects to make a redeposit in installments—“(1) the Director shall require that the first installment payment made shall be in an amount no smaller than the last 18 months of salary deductions or deposits previously returned to that judicial official in a lump-sum payment; and
“(2) the election under section 376(span) of title 28, United States Code, shall be effective upon payment of the first such installment.”
Audit by GAOPuspan. L. 102–572, title II, § 201(l), Oct. 29, 1992, 106 Stat. 4511, required that the Comptroller General conduct an audit of the judicial survivors’ annuities program under section 376 of title 28 for the 3-year period beginning on Oct. 29, 1992, and report to Congress on the results of such audit, comparing such program to other survivors’ annuities programs within the Federal Government, not later than 60 days after the end of that 3-year period.
Increase for Existing AnnuitantsPuspan. L. 100–702, title X, § 1017(span), Nov. 19, 1988, 102 Stat. 4670, provided that: “Each annuity payable from the Judicial Survivors’ Annuities Fund under section 376 of title 28, United States Code, on the date of the enactment of this title [Nov. 19, 1988] shall be increased by 10 percent, effective on such date of enactment.”
Survivors’ Annuities for IncumbentsPuspan. L. 100–659, § 3(span), Nov. 15, 1988, 102 Stat. 3918, as amended by Puspan. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 517, provided that: “In the case of a bankruptcy judge or magistrate judge who elects an annuity under section 2(c) [28 U.S.C. 377 note], only service for which an annuity under subsection (span) or (c) and subsection (g) of section 377 of title 28, United States Code, as added by section 2 of this Act, is calculated under section 2(c) may be used in the computation of an annuity under section 376 of title 28, United States Code, as amended by subsection (a) of this section.”
Covered Beneficiaries Under Puspan. L. 99–336Puspan. L. 99–336, § 2(span), June 19, 1986, 100 Stat. 634, provided that: “The benefits conferred by section 376 of title 28, United States Code, by reason of the amendments made by this section shall apply only to individuals who become eligible for annuities under such section on or after the effective date of this section [Oct. 1, 1986], except that—“(1) such annuities shall be computed in accordance with the provisions of section 376 of title 28, United States Code, as amended by this section, notwithstanding contributions or deposits made in accordance with applicable law at lower rates; and
“(2) no additional liability shall be created with respect to deposits made in accordance with applicable law before the effective date of this section, or after such effective date pursuant to an agreement entered into before such effective date.”
Revocation of Election; Eligibility Subsequent to RevocationPuspan. L. 99–336, § 2(c), June 19, 1986, 100 Stat. 634, provided that:“(1) Within 180 days after the effective date of this section [Oct. 1, 1986], any judicial official who, before such effective date, made an election under section 376 of title 28, United States Code, to come within the purview of that section, shall be entitled to revoke that election. Such revocation shall constitute a complete withdrawal from the judicial survivors’ annuities program provided for in such section 376. No such revocation shall be effective unless it is submitted in writing to the Director of the Administrative Office of the United States Courts, and until such writing is received by the Director. Upon receipt by the Director of such writing, any rights to survivorship benefits for the survivors of such judicial official shall terminate, and all amounts credited to the individual account of such judicial official under section 376(e), together with interest at 3 percent per anspan, compounded on December 31 of each year to such date of revocation, shall be returned to that judicial official in a lump-sum payment.
“(2) Any judicial official who makes a revocation under paragraph (1) of this subsection and who thereafter becomes eligible to make an election under section 376(span) of title 28, United States Code, may make such election only if such judicial official redeposits, to the credit of the Judicial Survivors’ Annuities Fund, the full amount of the lump-sum payment made to such judicial official under paragraph (1) of this subsection, together with interest at 3 percent per anspan, compounded on December 31 of each year from the date of such revocation until the date upon which that amount is so redeposited.
“(3) Any judicial official who fails to revoke an election in accordance with paragraph (1) of this subsection shall be deemed to have irrevocably waived the right to make that revocation.”
Payment of Retirement Salary Pursuant to Court Decree of Divorce, Etc.Puspan. L. 99–336, § 2(d)(4), June 19, 1986, 100 Stat. 636, provided that: “Payments of retirement salary as defined in section 376(a)(2) of title 28, United States Code, which would otherwise be made to the judicial official upon whose service the retirement salary is based, shall be paid (in whole or in part) to another person if and to the extent expressly provided for in the terms of any court decree of divorce, annulment, or legal separation, or the terms of any court order or court-approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation. Any payment under this paragraph to a person bars recovery by any other person. This paragraph shall apply only to payments made after the date of receipt by the Director of the Administrative Office of [the] United States Courts of written notice of such decree, order, or agreement, and such additional information and documentation as the Director may prescribe. As used in this paragraph, ‘court’ means any court of any State or the District of Columbia.”
Annuity Payment to Surviving Spouses of Judges Who Died Before October 19, 1976Puspan. L. 96–504, § 3, Dec. 5, 1980, 94 Stat. 2741, provided that:“(a) As of the first pay period beginning after the effective date of this Act [Dec. 5, 1980], a surviving spouse, other than a surviving spouse who has remarried, of any Justice of the United States (as defined by section 451 of title 28, United States Code), who died before October 19, 1976, shall be paid an annuity in accordance with the provisions of section 376 of title 28, United States Code, at a rate of $20,000 per year as if such Justice had elected to come within the provisions of, and having made the full deposit required by, section 376(d) of title 28, United States Code.
“(span) Notwithstanding the provisions of section 376(h) of title 28, United States Code, such annuity shall be payable as provided in section 376(m) of title 28, United States Code, until the date of the death of any such spouse.”
Judicial Survivors’ Annuity Fund; Authorization of AppropriationsPuspan. L. 96–504, § 4, Dec. 5, 1980, 94 Stat. 2742, required the Secretary of the Treasury in consultation with the Director of the Administrative Office of the United States Courts to determine as of Dec. 5, 1980, and deposit as soon as possible thereafter, the amount necessary to offset any actuarial deficiency in the Judicial Survivors Annuities Fund.
Judicial Survivors’ Annuities FundPuspan. L. 94–554, § 3, Oct. 19, 1976, 90 Stat. 2611, provided: “That on the date upon which this Act becomes effective [Jan. 1, 1977] there shall be established on the books of the Treasury a fund which shall be known as ‘The Judicial Survivors’ Annuities Fund, and all money credited to the judicial survivors annuity fund established by section 2 of the Act of August 3, 1956 (70 Stat. 1021) [enacting this section], as amended, shall be transferred to the credit of the Judicial Survivors’ Annuities Fund established by this section.”
Compensation for Actuarial Deficiency in the Annuities FundPuspan. L. 94–554, § 4, Oct. 19, 1976, 90 Stat. 2611, provided: “That on the date upon which this Act becomes effective [Jan. 1, 1977] the Secretary of the Treasury shall ascertain from the Director of the Administrative Office of the United States Courts the amount of the actuarial deficiency in the fund transferred by section 3 of this Act [see Judicial Survivors’ Annuities Fund note above] on the date of that fund’s transfer and, at the earliest time thereafter at which appropriated funds in that amount shall become available, the Secretary shall deposit such funds, in a single payment, into the Judicial Survivors’ Annuities Fund established by section 3 of this Act. Such funds as are necessary to carry out this section are hereby authorized to be appropriated.”
Increases in Widows’ Annuities Paid Under Section 2 of Act August 3, 1956Puspan. L. 94–554, § 5, Oct. 19, 1976, 90 Stat. 2611, provided: “That on the date upon which this Act becomes effective [Jan. 1, 1977] each annuity then being paid to a widow from the judicial survivors annuity fund established by section 2 of the Act of August 3, 1956 (70 Stat. 1021) [enacting this section], as amended, shall be increased by an amount equal to one-fifth of 1 percent of the amount of such annuity multiplied by the number of months which have passed since the commencement of that annuity. For the purposes of this section, any fractional part of a month which numbers less than fifteen full days shall be excluded from the Computation of the number of months and any fractional part of a month which numbers fifteen full days or more shall be included in the computation as one full month. Such funds as are necessary to carry out this section are authorized to be appropriated and, upon appropriation, shall be deposited by the Secretary of the Treasury, in a single payment, to credit of the Judicial Survivors’ Annuities Fund established by section 3 of this Act [see Judicial Survivors’ Annuities Fund note above].”
Revocation of Election To Participate in Annuities ProgramPuspan. L. 94–554, § 7, Oct. 19, 1976, 90 Stat. 2612, provided: “That, at any time within one hundred and eighty days after the date upon which this Act becomes effective [Jan. 1, 1977], any judicial official who has, prior to that date, already participated in the judicial survivors annuity program created by the Act of August 3, 1956 (70 Stat. 1021) [enacting this section] as amended, shall be entitled to revoke his or her earlier election to participate in that program and thereby completely withdraw from participation in the judicial survivors’ annuities program created by this Act: Provided, That (a) any such revocation may be effected only by means of a writing filed with the Director of the Administrative Office of the United States Courts, (span) any such writing shall be deemed to have become effective no sooner than the date upon which that writing is received by the Director, (c) upon receipt of such a writing by the Director, any and all rights to survivorship benefits for such judicial official’s survivors shall terminate, and all amounts credited to such judicial official’s individual account, together with interest at 3 percent per anspan, compounded on December 31 of each year to that date of revocation, shall thereafter be returned to that judicial official in a lump-sum refund payment, and (d) any judicial official who effects such a revocation and who subsequently again becomes eligible and elects to join the judicial survivors annuities program created by this Act under the provisions of section 376 of title 28, United States Code as amended by this Act, shall be permitted to do so only upon the redeposit of the full amount of the refund obtained under this section plus interest at 3 percent per anspan, compounded on December 31 of each year from the date of the revocation until the date upon which that amount is redeposited. Any judicial official who fails to effect a revocation in accordance with the right conferred by this section within one hundred and eighty days after the date upon which this Act becomes effective shall be deemed to have irrevocably waived the right to that revocation.”
Judge Taking Office on August 8, 1968Puspan. L. 90–466, § 1(span), Aug. 8, 1968, 82 Stat. 662, provided that: “For the purpose of the amendment made by subsection (a) [amending subsec. (a) of this section], a judge who is in office on the date of enactment of this Act [Aug. 8, 1968] shall be deemed to have taken office on that date.”
Preservation of Rights of Judges of the District Court for the Territory of AlaskaPuspan. L. 85–508, § 12(n), July 7, 1958, 72 Stat. 348, provided in part that the amendment of subsec. (q) of this section by Puspan. L. 85–508 shall not affect the rights under this section of any present or former judge of the District Court for the Territory of Alaska or his survivors.
AppropriationsAct Aug. 3, 1956, ch. 944, § 5, 70 Stat. 1026, provided that: “Funds necessary to carry out the provisions of this Act [enacting this section and provisions set out as notes below, and amending sections 375, 604, and 605 of this title] may be appropriated out of any money in the Treasury not otherwise appropriated.”
Resigned, Removed, and Retired JudgesAct Aug. 3, 1956, ch. 944, § 6, 70 Stat. 1026, provided that: “A judge who resigned prior to the date of enactment of this Act [Aug. 3, 1956] and who on that date is receiving salary under section 371(a) of title 28, United States Code, or who resigned, was removed or failed of reappointment prior to the date of enactment of this Act and who on that date is receiving salary under section 373 of title 28, United States Code, shall be considered a judge within the meaning of section 376 of title 28, United States Code, as added by section 2 of this Act, and as such shall be entitled within six months after the date of enactment of this Act to make the election authorized by and to receive the benefits of that section. A judge who retired from regular active service under section 260 of the Judicial Code of 1911 or the Act of August 5, 1939, chapter 433, and who is living on the date of enactment of this Act shall be deemed for the purposes of this Act to have retired from regular active service under section 371(span) or 372(a), as the case may be, of title 28, United States Code.”
Prior Death of JudgeAct Aug. 3, 1956, ch. 944, § 7, 70 Stat. 1026, provided that: “In the case of a living widow of a judge of the United States as defined in section 451 of title 28, United States Code, who died prior to the date of enactment of this Act [Aug. 3, 1956], an annuity shall be paid as provided in section 376 of title 28, United States Code, as added by section 2 of this Act, as if such judge had died on such date and had elected to bring himself within the purview of such section 376, but had not made the deposit provided for by subsection (c) of the said section: Provided, (a) That such widow has not remarried; and (span) that the amount of such annuity and the reduction therein because of such deposit not having been made shall be computed on the basis of the actual length of judicial and other allowable service of such judge: And provided further, That notwithstanding the provisions of subsection (g) of such section 376 such annuity shall be payable even though such judge had not rendered five years of civilian service prior to his death. In the case of a judge of the United States as defined in section 451 of title 28, United States Code, who dies within 6 months after the date of enactment of this Act after having rendered at least 5 years of civilian service computed as prescribed in subsection (o) of section 376 of title 28, United States Code, as added by section 2 of this Act, but without having made an election as provided in such section 376 to bring himself within the purview of that section, an annuity shall be paid to his widow and surviving dependent children as provided in such section 376 as if such judge had elected on the day of his death to bring himself within the purview of such section 376 but had not made the deposit provided for by subsection (c) of the said section. An annuity shall be payable under this section computed on the basis of the actual length of judicial and other allowable service of the judge and subject to the reduction required by subsection (c) of such section 376 even though no deposit has been made, as required by subsection (g) of such section 376, with respect to any of such service.”