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Volume 86 · 580

Public Law 92–397

To amend title 28, United States Code, relating to annuities of widows of Supreme Court Justices.

Approved August 22, 1972

Statutory text

AN ACT

To amend title 28, United States Code, relating to annuities of widows of Supreme Court Justices.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That section 375 of

Supreme Court Justices.

Widows, annuities.

68 Stat. 918; 70 Stat. 1021.

title 28, United States Code, is amended to read as follows:

“(a)

The Director of the Administrative Office of the United States Courts shall pay to the surviving widow of a justice of the United States who died on or before the date of enactment of this section, while in regular active service or after having retired or resigned under the provisions of this chapter, an annuity of $10,000.

“(b)

The surviving widow of a justice of the United States who is in regular active service or is retired or resigned under the provisions of this chapter on the date of enactment of this section, shall, if the justice gives written notice to the Director of the Administrative Office of the United States Courts within six months of the date of enactment of this section of his election to become subject to the provisions of section 376 of this chapter, be paid an annuity of $5,000

81 Stat. 668; 82 Stat. 662.

28 USC 376.

or an annuity in accordance with the provisions of section 376, whichever is the greater.

“(c)

The surviving widow of a justice of the United States who is in regular active service or is retired or resigned under the provisions of this chapter on the date of enactment of this section, shall, if the justice fails to give timely written notice of his election to become subject to the provisions of section 376 of this chapter, be paid an annuity of $5,000.

“(d)

The widow of a justice of the United States who is appointed after the date of enactment, of this section shall be ineligible for an annuity under this section.

“(e)

An annuity payable under this section shall accrue monthly and shall be due and payable in monthly installments on the first business day of the month following the month for which the annuity shall have accrued. Such annuity shall commence on the first day of the month in winch a justice dies, and shall terminate upon the death or remarriage of the annuitant.”

Sec. 2.

Section 376 of title 28, United States Code, is amended by inserting “justice or” or “justice’s or” prior to the word “judge” or “judge’s”, as appropriate, wherever those words appear therein, except in subsections (q), (r), and (s).

Sec. 3.

(a)

The heading of chapter 17, title 28, United States Code, is amended to read as follows:

“Chapter 17.— RESIGNATION AND RETIREMENT OF JUSTICES AND JUDGES”.

(b)

The analysis of chapter 17 of title 28, United States Code, is amended by striking out the item relating to section 376 and inserting in lieu thereof the following:

(c)

The catchline of section 376 of title 28, United States Code, is amended to read as follows:

“§ 376. Annuities to widows and surviving dependent children of justices and judges of the United States”.

Sec. 4.

Section 604(a) (7) of title 28, United States Code, is amended by striking “Regulate and pay annuities to widows and surviving dependent children of judges,” and inserting in lieu thereof “Regulate and pay annuities to widows and surviving dependent children of justices and judges of the United States,”.

Approved August 22, 1972.

Parsed from the official Statutes at Large USLM XML in 86.xml