§ 376. Annuities for survivors of certain judicial officials of the United States

Footnotes

1. 1 So in original. Comma probably should be a semicolon.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1956

   Pub. L. 84–944 § 2 · 70 Stat. 966

   Enacted · 28 U.S.C. § 376

   Added Aug. 3, 1956, ch. 944, § 2, 70 Stat. 1021

   Source evidence

   Code source credit
   Added Aug. 3, 1956, ch. 944, § 2, 70 Stat. 1021

2. 1958

   Pub. L. 85–508 § 12(n) · 72 Stat. 339

   Struck · 28 U.S.C. § 376(q)

   Pub. 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

   Source evidence

   Code amendment note
   Subsec. (q). Pub. 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.

   Enacted provision · exact public law section
   (n) Subsection (q) of section 376 of title 28, United States Code, is amended by striking out the words: “the District Court for the Territory of Alaska,”: Provided, That the amendment made by this subsection shall not affect the rights under such section 376 of any present or former judge of the District Court for the Territory of Alaska or his survivors;

3. 1967

   Pub. L. 90–219 title II § 202 · 81 Stat. 664

   Added · 28 U.S.C. § 376(r); 28 U.S.C. § 376(s)

   Pub. L. 90–219 added subsecs. (r) and (s)

   Source evidence

   Code amendment note
   Subsecs. (r), (s). Pub. L. 90–219 added subsecs. (r) and (s).

   Enacted provision · exact public law section
   Sec. 202. Section 376, title 28, United States Code, is amended by adding the following new subsections: “(r) The Director of the Federal Judicial Center shall be deemed a judge of the United States for the purposes of this section and shall be entitled to bring himself within the purview of this section by filing an election as provided in subsection (a) of this section within the time 70 Stat. 1021. Definitions. therein specified. As applied to a Director of the Federal Judicial Center, the phrase ‘retirement from office by resignation on salary under section 371(a) of this title’ as used in subsections (b), (c), (g), 68 Stat. 12. (i), and (n) of this section shall mean ‘retirement from office under subsection (c) or (d) of section 627 of this title or by removal after not Ante, p. 666. less than ten years service’, the phrase ‘salary paid after retirement’ as used in subsection (b) of this section shall mean ‘annuity paid after retirement under subsection (c) or (d) of section 627 of this title”, and the phrase ‘resigns from office other than on salary under section 371 (a) of this title” as used in subsection (f) of this section shall mean ‘resigns from office otherwise than on retirement under subsection (c) or (d) of section 627 of this title or is removed after less than ten years service’. “(s) The Director of the Administrative Office of the United States Courts shall lie deemed a judge of the United States for the purposes of this section and shall lie entitled to bring himself within the purview of this section by filing an election as provided in subsection (a) of this section within the tune therein specified. As applied to a Director Definitions. of the Administrative Office of the United States Courts, the phrase, ‘retirement from office by resignation on salary under section 371(a) of this title’ as used in subsections (b), (c), (g), (i), and (n) of this section shall mean ‘retirement from office under section 611 of this title or by removal after not less than ten years service’, the Ante, p. 668. phrase ‘salary paid after retirement’ as used in subsection (b) of this section shall mean ‘annuity paid after retirement under section 611 of this title’, and the phrase ‘resigns from office other than on salary under section 371(a) of this title’ as used in subsection (f) of this section shall mean ‘resigns from office otherwise than on retirement under section 611 of this title or is removed after less than ten years service’.”

4. 1968

   Pub. L. 90–466 § 1(a) · 82 Stat. 662

   Struck · 28 U.S.C. § 376(a)

   Pub. 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

   Source evidence

   Code amendment note
   Subsec. (a). Pub. 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.

5. 1972

   Pub. L. 92–397 · 86 Stat. 579

   1. Substituted · 28 U.S.C. § 376(a)(c)(e)(g)(i)(k)(n)(o)

      Pub. L. 92–397 substituted “of justices and judges of the United States” for “of judges” in section catchline

   2. Substituted · 28 U.S.C. § 376(a)(c)(e)(g)(i)(k)(n)(o)

      Pub. L. 92–397 substituted “justice or judge” for “judge” wherever appearing

   3. Substituted · 28 U.S.C. § 376(a)(c)(e)(g)(i)(k)(n)(o)

      Pub. L. 92–397 substituted “justice’s or judge’s” for “judge’s” wherever appearing

   Source evidence

   Code amendment note
   Subsecs. (a) to (c), (e) to (g), (i) to (k), (n), (o). Pub. 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.

6. 1976

   Judicial Survivors’ Annuities Reform Act

   Pub. L. 94–554 § 2 · 90 Stat. 2603

   Amended · 28 U.S.C. § 376

   Pub. 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

   Source evidence

   Code amendment note
   Pub. 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.

   Enacted provision · exact public law section
   Sec. 2. That section 376 of title 28 of the United States Code is amended to read as follows: “§ 376. Annuities for survivors of certain judicial officials of the United States “(a) For the purposes of this section— Definitions. “(1) ‘indicia] official’means: “(A) a Justice or judge of the United States, as defined by section 451 of this title; 28 USC 451. “(B) a judge of the United States District Court for the District or the Canal Zone, the District Court of Guam, or the District Court of the Virgin Islands; “(C) a Director of the Administrative Office of the United States Courts, after he or she has tiled a waiver under Sub-section (a) of section 611 of this title; 28 USC 611. “(D) a Director of the Federal Judicial Center, after he or she has filed a waiver under subsection (b) of section 627 of this title; or 28 USC 627. “(E) an administrative assistant to the Chief Justice of the United States, after he or she has filed a waiver in accordance with both subsection (a) of section 677 and subsection 28 USC 677. (a) of section 611 of this title; who notifies the Director of the Administrative Office of the Written notification. United States Courts in writing of his or her intention to come within the purview of this section within six months after (i) the date upon which he or she takes office, (ii) the date upon which he or she marries, or (iii) the date upon ‘which the Judicial Survivors’ Annuities Reform Act becomes effective; “(2) ‘retirement salary’means: “(A) in the case of a Justice or judge of the United States, as defined by section 451 of this title, salary paid (i) after retirement from regular active service under subsection (b) of section 371 or subsection (a) of section 372 of this title, or 28 USC 372. (ii) after retirement from office by resignation on salary under subsection (a) of section 371 of this title; 28 USC 371. “(B) 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 28 USC 373. reappointment after not less than ten years’ judicial service; “(C) in the case of a Director of the Administrative Office of the United States Courts, an annuity paid under subsection (b) or (c) of section 611 of this title; “(D) in the case of a Director of the Federal Judicial Center, an annuity paid under subsection (c) or (d) of section 627 of this title; and “(E) in the case of an administrative assistant to the Chief Justice of the United States, an annuity paid in accordance with both subsection (a) of section 677 and subsection 28 USC 677, 611. (a) of section 611 of this title; “(3) ‘widow’ means the surviving wife of a ‘judicial official’, who: “(A) has been married to him for at least one year on the day of his death; or “(B) is the mother of issue by that marriage; “(4) ‘widower’ means the surviving husband of a ‘judicial official’, who: “(A) has been married to her for at least one year on the day of her death; or “(B) is the father of issue by that marriage; “(5) ‘child’ means: “(A) an unmarried child under eighteen years of age, including (i) an adopted child and (ii) a stepchild or recognized natural child who lived with the judicial official in a regular parent-child relationship; “(B) such unmarried child between eighteen and twenty-two years of age who is a student regularly pursuing a full-time course of study or training in residence in a high school, trade school, technical or vocational institute, junior college, college, university, or comparable educational institution. A child whose twenty-second birthday occurs before July 1, or after August 31. of a calendar year, and while he or she is regularly pursuing such a course of study or training, is deemed to have become twenty-two years of age on the first day of July immediately following that birthday. A child who is a student is deemed not to have ceased being a student during an interim period between school years, if that interim period lasts no longer than five consecutive months and if that child shows, to the satisfaction of the Director of the Administrative Office of the United States Courts, that he or she has a bona, fide intention of continuing to pursue a course of study or training in the same or a different school during the school semester, or other period into which the school year is divided, immediately following that interim period; or “(C) such unmarried child, regardless of age, who is incapable of self-support because of a mental or physical disability incurred either (i) before age eighteen, or (ii) in the case of a child who is receiving an annuity as a full-time student under subparagraph (5)(B) of this subsection, before the termination of that annuity. “(b) 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, including any ‘retirement salary’, a sum equal to 4.5 percent of that salary. The amounts so deducted and withheld from the salary of each such judicial official shall, in accordance with such procedures as may be prescribed by the Comptroller General of the United States, be covered into the Treasury of the United States and credited to the ‘Judicial Survivors’ Annuities Fund’ established by section 3 of the Judicial Survivors’ Annuities Reform Act. Such fund shall be used for the payment of annuities, refunds, and allowances as provided by this section. Payment of such salary less such deductions shall be a full and complete discharge and acquittance of all claims and demands whatsoever for all services rendered by such judicial official during the period covered by such payment, except the rights to those benefits to which such judicial official, or his or her survivors, shall be entitled under the provisions of this section. “(c) There shall also be deposited to the credit of the ‘Judicial Survivors’ Annuities Fund’, in accordance with such procedures as may be prescribed by the Comptroller General of the United States, amounts matching those deducted and withheld in accordance with subsection (b) of this section. Such deposits shall be taken from the fund used to pay the compensation of the judicial official, and shall immediately become an integrated part of the ‘Judicial Survivors’ Annuities Fund’ for any use required under this section. “(d) Each judicial official shall deposit, with interest at 4 percent per annum to December 31, 1947, and at 3 percent per annum there-after, compounded on December 31 of each year, to the credit of the ‘Judi c i al Surv ivors’ Annuities Fund’: “(1) a sum equal to 4.5 percent of that salary, including‘retirement salary’, which he or she bus received for serving in any of the offices designated in paragraph (1) of subsection (a) of this section prior to the date upon which he or she filed notice of an intention to come within the purview of this section with the Director of the Administrative Office of the United States Courts; and “(2) a sum equal to 4.5 percent of the basic salary, pay, or compensation which he or she has received for serving as a Senator, Representative, Delegate, or Resident Commissioner in Congress, or for serving as an ‘employee’, as that term is defined in subsection (1) of section 8331 of title 5, prior to assuming the responsibilities of any of the offices designated in paragraph (1) of subsection (a) or this section. The interest otherwise required by this subsection shall not be required for any period during which a judicial official was separated from all such service and was not receiving any retirement salary. “Each such judicial official may elect to make such deposits in installments, dining the continuance of his or her service in those offices designated in paragraph (1) of subsection (a) of this section, 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: Provided, That, in each instance in which a judicial official does elect to make such deposits in installments, the Director shall require (i) that the first installment payment made shall be in an amount, no smaller than that amount necessary to cover at least the last eighteen months of prior creditable civilian service, and (ii) that at least one additional installment payment shall be made every eighteen months thereafter until the total of all such deposits have been made. “Notwithstanding the failure of any such judicial official to make all such deposits or installment payments, credit shall be allowed for the service rendered, but the annuity of that judicial official’s widow or widower shall be reduced by an a mom it equal to 10 percent of the amount of such deposits, computed as of the date of the death of such judicial official, unless such widow or widower shall elect to eliminate such service entirely from credit under subsection (k) of this section: Provided, That no deposit shall be requited from any such judicial official for any honorable active duty service in the Army, Navy, Air Force, Marine Corps, or Coast Guard of the United States, or for any other creditable service rendered prior to August 1, 1920. “(e) The amounts deducted and withheld m accordance with subsection (b) of this section, and the amounts deposited in accordance with subsection (d) of this section, shall be credited to individual accounts in the name of each judicial official from whom such amounts áre received, for credit to the ‘Judicial Survivors’ Annuities Fund’. “(f) The Secretary of the Treasury shall invest, from time to time, in interest bearing securities of the United States or Federal farm loan bonds, those portions of the ‘Judicial Survivors’ Annuities Fund’ which in his judgment may not be immediately required for the payment of annuities, refunds, and allowances as provided in this section. The income derived from such investments shall constitute a part of such fund for the purposes of paying annuities and carrying out the provisions of subsections (g), (h), (m), (o), (p), and (q) of this section. “(g) 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 annum to December 31, 1947; and at 3 percent annum 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 bis or her “Reasonable period of time.” 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. “(h) Annuities pay aide under this section shall be paid only in accordance with the following provisions: “(1) In any ease in which a judicial official dies while in office, or while receiving ‘retirement salary,’ after having completed at least eighteen months of creditable civilian service, as computed in accordance with subsection (k) of this section, for the last eighteen months of which the salary deductions provided by sub-section (b) of this section or, in lieu thereof, the deposits required by subsection (d) of this section have actually been made “(A) if such judicial official is survived by a widow or widower, but not by a child, there shall be paid to such widow or widower an annuity, beginning on the day on which such judicial official died, in an amount computed as provided in subsection (1) of this section; or “(B) if such judicial official is survived by a widow or widower and a child or children, there shall be paid to such widow or widower an annuity, beginning on the day on which such judicial official died, in an amount computed as provided in subsection (1) of this section, and there shall also be paid to or on behalf of each such child an immediate annuity equal to: “(i) $l,548: or “(ii) $4,644, divided by the number of children; whichever is smallest; or “(C) if such judicial official leaves no surviving widow or widower, but does leave a surviving child or children, there shall be paid to or on behalf of each such child an immediate annuity equal to: “(i) the amount of the annuity to which the judicial official’s widow or widower would have been entitled under subparagraph (1)(A) of this subsection, had such widow or widower survived the judicial official, divided by the number of children; or “(ii) $1,860; or “(iii) $5,580, divided by the number of children; whichever is smallest. “(2) An annuity payable to a widow or widower under subparagraphs (1)(A) or (1)(B) of this subsection shall be terminated upon his or her death or remarriage. “(3) An annuity payable to a child under tills subsection shall terminate: “(A) if such child is receiving an annuity based upon his or her status under subparagraph (5)(A) of subsection (a) of this section, on the last day of the month during which he or she becomes eighteen years of age; “(B) if such child is receiving an annuity based upon his or her status under subparagraph (5)(B) of subsection (a) of this section, either (1) on the first day of July immediately following his or her twenty-second birthday or (ii) on the last day of the month during which he or she ceases to be a full-time student in accordance with subparagraph (5)(B) of subsection (a) of this section, whichever occurs first: Provided, That if such child is rendered incapable of self-support because of a mental or physical disability incurred while receiving that annuity, that annuity shall not terminate, but shall continue without interruption and shall be deemed to have become, as of the date of disability, an annuity based upon his or her status under clause (ii) of subparagraph (5)(C) of subsection (a) of this section; “(C) if such child is receiving an annuity based upon his or her status under subparagraph (5)(C) of subsection (a) of this section, on the last day of the month during which he or she ceases to be incapable of self-support because of mental or physical disability; or “(D) on the last day of the month during which such child dies or marries. “(4) An annuity payable to a child or children under subparagraph (1)(B) of this subsection shall be recomputed and paid as provided in subparagraph (1)(C) of this subsection upon the death, but not upon the remarriage, of the widow or widower who is receiving an annuity under subparagraph (1)(B) of this subsection. “(5) In any case in which the annuity of a child is terminated, the annuity of each remaining child which is based upon the service of the same judicial official sliall be recomputed and paid as though the child whose annuity has been terminated had not survived that judicial official. “(i) All questions of dependency and disability arising under this section shall be determined by the Director of the Administrative Office of the United St ates Courts, subject to review only by the Judicial Conference of the United States, and tbe decision of the Judicial Conference of the United States shall be final and conclusive. The Director may order or direct at any time such medical or other examinations as he deems necessary to determine the facts relative to the nature and degree of disability of any child who is an annuitant, or an applicant for an annuity, under this section, and may suspend or deny any such annuity for failure to submit to any such examination. “(j) In any case in which a payment under this section is to be made to a minor, or to a person mentally incompetent or under other legal disability, as determined by a court of competent jurisdiction, such payment may be made to the person who is constituted guardian or other fiduciary of such claimant by the laws of the State of residence of such claimant, or to any other person who is otherwise legally vested with the care of the claimant or of the claimant’s estate, and need not be made directly to such claimant. The Director of the Administrative Office of the United States Courts may, at his or her discretion, determine whether such payment is made directly to such claimant or to such guardian, fiduciary, or other person legally vested with the care of such claimant or the claimant’s estate. Where no guardian or other fiduciary of such minor or such person under legal disability has been appointed under the laws of the State of residence of such claimant, the Director of the Administrative Office of the United States Courts shall determine the person who is otherwise legally vested with the care of the claimant or of the claimant’s estate. “(k) The years of service rendered by a judicial official which may be creditable in calculating the amount of an annuity for such judicial official’s widow or widower under subsection (1) of this section shall include— “(1) those years during which such judicial official served in any of the offices designated in paragraph (1) of subsection (a) of this section, including in the case of a Justice or judge of the United States those years during which he or she continued to hold office following retirement from regular active service under subsection (b) of section 371 or subsection (a) of section 372 of 28 USC 371, 372. this title; “(2) those years during which such judicial official served as a Senator, Representative, Delegate, or Resident Commissioner in Congress, prior to assuming the responsibilities of any of the offices designated in paragraph (1) of subsection (a) of this section; “(3) those years during which such judicial official honorably served on active duty in the Army, Navy, Air Force, Marine Corps, or Coast Guard of the United States, prior to assuming the responsibilities of any of the offices designated in paragraph (1) of subsection (a) of this section: Provided, That those years of such military service for which credit has been allowed for the purposes of retirement or retired pay under any other provision of law shall not be included as allowable years of such service under this section; and “(4) those years during which such judicial official served as an ‘employee’, as that term is defined in subsection (1) of section 8331 of title 5, prior to assuming the responsibilities of any of the offices designated in paragraph (1) of subsection (a) of this section. “Years.” For the purposes of this subsection the term ‘years’ shall mean full years ami twelfth parts thereof, excluding from the aggregate any fractional part of a month which numbers less than fifteen full days and includmg, as one full month, any fractional part, of a month which numbers fifteen full days or more. Nothing in this subsection shall be interpreted as waiving or canceling that reduction in the annuity of a widow or widower which is required by subsection (d) of this section due to the failure of a judicial official to make those deposits required by subsection (d) of this section. “(l) The annuity of a widow or widower of a judicial official shall be an amount equal to the sum of— “(1) 1¼ percent of the average annual salary, including retirement salary, which such judicial official received for serving in any of the offices designated in paragraph (1) of subsection (a) of this section (i) during those three years of such service in which his or her annual salary was greatest, or (ii) if such judicial official has so served less than three years, but more than eighteen months, then during the total period of such service prior to his or her death, multiplied by the total of: “(A) the number of yearn of creditable service tabulated in accordance with paragraph (1) of subsection (k) of this section; plus “(B) the number of years of creditable service tabulated in accordance with paragraph (2) of subsection (k) of this section; plus “(C) the number of years of creditable service tabulated in accordance with paragraph (3) of subsection (k) of this section; plus “(D) the number of years up to, but not exceeding, fifteen of creditable service tabulated in accordance with paragraph (4) of subsection (k) of this section, plus: “(2) three-fourths of 1 percent of such average annual salary, multiplied by the number of years of any prior creditable service, as tabulated in accordance with subsection (k) of this section, not applied under paragraph (1) of this subsection: Provided, That such annuity shall not exceed 40 percent of such aver-age annual salary and shall lie further reduced in accordance witli sub-section (d) of this section, if applicable. “(m) 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 lie 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. “(n) Each annuity authorized 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 or other period for which the annuity shall have accrued. No annuity authorized under this section shall be assignable, either in law or in equity, or subject to execution, levy, attachment, garnishment, or other legal process. “(o) In any case in which a judicial official dies while in office, or while receiving ‘retirement salary’, and; “(1) before having completed eighteen months of civilian service, computed in accordance with subsection (k) of this section, during which the salary deductions provided by subsection (b) of this section or the deposit required by subsection (d) of this section have actually been made; or “(2) after having completed eighteen months of civilian service, computed in accordance with subsection (k) of this section, during which all such deductions or deposits have been made, but without a survivor or survivors who are entitled to receive the annuity benefits provided by subsection (h) of this section; or “(3) the rights of all persons entitled to receive the annuity benefits provided by subsection (h) of this section terminate before a valid claim therefor has been established; the total amount credited to the individual account of that judicial official, established under subsection (e) of this section, with interest at 4 percent per annum to December 31, 1947, and at 3 percent per annum thereafter, compounded on December 31 of each year, to the date of that judicial officials death, shall be paid, upon the establishment of a valid claim therefor, to the person or persons surviving at the date title to the payment arises, in the following order of precedence; “First, to the beneficiary or beneficiaries whom that judicial official may have designated in a writing received by the Administrative Office of the United States Courts prior to his or her death; “Second, if there be no such beneficiary, to the widow or widower of such judicial official; “Third, if none of the above, to the child or children of such judicial official and the descendants of any deceased children by representation; “Fourth, if none of the above, to the parents of such judicial official or the survivor of them; “Fifth, if none of the above, to the duly appointed executor, executrix, administrator, or administratrix of tie estate of such judicial official; “Sixth, if none of the above, to such other next of kin of such judicial official, as may be determined by the Director of the Administrative Office of the United States Courts to be entitled to such payment, under the laws of the domicile of such judicial official, at the time of his or her death. Such payment shall be a bar to recovery by any other person. For the purposes of this subsection only, a determination that an individual js a widow, widower, or child of a judicial official may be made by the Director of the Administrative Office of the United States Courts without regard to the definitions of those, terms contained in paragraphs (3), (4), and (5) of subsection (a) of this section. “(p) In any case in which all the annuities which are authorized by this section and based upon the service of a given official terminate before the aggregate amount of annuity payments received by the annuitant or annuitants equals the total amount credited to the individual account of such judicial official, established under subsection (e) of this section with interest at 4 percent, per annum to December 31, 1947, and at 3 percent per annum thereafter, compounded on December 31, of each year, to the date of that judicial official’s death, the difference between such total amount, with such interest, and such aggregate amount shall be paid, upon establishment of a valid claim therefor, in the order of precedence prescribed in subsection (o) of this section. “(q) Any accrued annuity benefits remaining unpaid upon the termination of an annuity, other than by the death or an annuitant, shall be paid to that annuitant. Any accrued annuity benefits remaining unpaid upon the death of an annuitant shall be paid, upon the establishment of a valid claim therefor, in the following order of precedence: “First, to the duly appointed executor, executrix, administrator, or administratrix of the, estate of such annuitant; “Second, if there is no such executor, executrix, administrator, or administratrix, payments shall be made, after the expiration of sixty days from the date of death of such annuitant, to such individual or individuals as may appear, in the judgment of the Director of the Administrative Office of the United States Courts, to be legally entitled thereto, and such payment shall be a bar to recovery by any other individual. “(r) Nothing contained in this section shall be interpreted to prevent a widow or widower eligible for an annuity under this section from simultaneously receiving such an annuity while also receiving any other annuity to which such widow or widower may also be entitled under any other law without regard to this section: Provided, That service used in the computation of the annuity conferred by this section shall not also be credited in computing any such other annuity.”.

7. 1978

   Pub. L. 95–598 title II § 211 · 92 Stat. 2549

   Added · 28 U.S.C. § 376(a)(2)(A)

   Pub. 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(b) of Pub. L. 95–598, as amended, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy

   Source evidence

   Code amendment note
   Subsec. (a)(2)(A). Pub. 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(b) of Pub. L. 95–598, as amended, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.

   Enacted provision · exact public law section
   Sec. 211. Section 376(a)(2)(A) of title 28 of the United States Code is amended by inserting “, or (iii) in the case of a bankruptcy judge, after retirement under section 337 of this title” immediately before the semicolon.

8. 1986

   Pub. L. 99–336 § 2(a)(1) · 100 Stat. 633

   Substituted · 28 U.S.C. § 376(a)(1)

   Pub. 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

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. 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.

   Enacted provision · exact public law section
   (1) Subsection (a)(1) is amended by striking out “or (iii) the date upon which the Judicial Survivors’ Annuities Reform Act 28 USC 1 note. becomes effective;” and inserting in lieu thereof “(iii) January 1, 1977; or (iv) October 1, 1986;”.

9. 1986

   Pub. L. 99–336 § 2(d)(1) · 100 Stat. 633

   Added · 28 U.S.C. § 376(a)(6)

   Pub. L. 99–336, § 2(d)(1), added par. (6)

   Source evidence

   Code amendment note
   Subsec. (a)(6). Pub. L. 99–336, § 2(d)(1), added par. (6).

   Enacted provision · exact public law section
   (1) Section 376 of title 28, United States Code, is amended in subsection (a)— (A) by striking out the period at the end of paragraph (5) and inserting in lieu thereof “; and”; and (B) by adding at the end the following new paragraph:

10. 1986

    Pub. L. 99–336 § 2(a)(2) · 100 Stat. 633

    Substituted · 28 U.S.C. § 376(b)

    Pub. L. 99–336, § 2(a)(2), substituted “5 percent” for “4.5 percent”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 99–336, § 2(a)(2), substituted “5 percent” for “4.5 percent”.

    Enacted provision · exact public law section
    (2) Subsections (b) and (d) are each amended by striking out “4.5 percent” each place it appears and inserting in lieu thereof “5 percent”.

11. 1986

    Pub. L. 99–336 § 2(a)(3) · 100 Stat. 633

    1. Changed · 28 U.S.C. § 376(c)

       Pub. L. 99–336, § 2(a)(3), in amending subsec. (c) generally

    2. Amended · 28 U.S.C. § 376(c)

       Pub. L. 99–336, § 2(a)(3), in designated existing provisions as par. (1)

    3. Substituted · 28 U.S.C. § 376(c)

       Pub. L. 99–336, § 2(a)(3), in 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. (b)

    4. Added · 28 U.S.C. § 376(c)

       Pub. L. 99–336, § 2(a)(3), in added pars. (2) and (3)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. 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. (b), and added pars. (2) and (3).

    Enacted provision · exact public law section
    (3) Subsection (c) is amended to read as follows:

12. 1986

    Pub. L. 99–336 § 2(a)(2) · 100 Stat. 633

    Substituted · 28 U.S.C. § 376(d)

    Pub. L. 99–336, § 2(a)(2), substituted “5 percent” for “4.5 percent” in pars. (1) and (2)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 99–336, § 2(a)(2), substituted “5 percent” for “4.5 percent” in pars. (1) and (2).

    Enacted provision · exact public law section
    (2) Subsections (b) and (d) are each amended by striking out “4.5 percent” each place it appears and inserting in lieu thereof “5 percent”.

13. 1986

    Pub. L. 99–336 § 2(a)(4)(A) · 100 Stat. 633

    1. Substituted · 28 U.S.C. § 376(h)(1)(B)

       Pub. 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. (ii)

    2. Substituted · 28 U.S.C. § 376(h)(1)(B)

       Pub. L. 99–336, § 2(a)(4)(A), substituted “20 percent of such average annual salary” for “$4,644” in cl. (ii)

    Source evidence

    Code amendment note
    Subsec. (h)(1)(B). Pub. 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).

    Enacted provision · exact public law section
    (A) in paragraph (1)(B), by striking out clauses (i) and (ii) and inserting in lieu thereof the following: “(i) 10 percent of the average annual salary determined under subsection (1)(1) of this section; or “(ii) 20 percent of such average annual salary, divided by the number of children;”;

14. 1986

    Pub. L. 99–336 § 2(a)(4)(B) · 100 Stat. 633

    1. Substituted · 28 U.S.C. § 376(h)(1)(C)

       Pub. 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. (iii)

    2. Substituted · 28 U.S.C. § 376(h)(1)(C)

       Pub. L. 99–336, § 2(a)(4)(B), substituted “40 percent of such average annual salary amount” for “$5,580” in cl. (iii)

    Source evidence

    Code amendment note
    Subsec. (h)(1)(C). Pub. 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).

    Enacted provision · exact public law section
    (B) in paragraph (1)(C) by striking out clauses (ii) and (iii) and inserting in lieu thereof the following: “(ii) 20 percent of the average annual salary determined under subsection (1)(1) of this section; or “(iii) 40 percent of such average annual salary amount, divided by the number of children;”; and

15. 1986

    Pub. L. 99–336 § 2(a)(4)(C) · 100 Stat. 633

    Inserted · 28 U.S.C. § 376(h)(2)

    Pub. L. 99–336, § 2(a)(4)(C), inserted “before attaining age 55” after “or remarriage”

    Source evidence

    Code amendment note
    Subsec. (h)(2). Pub. L. 99–336, § 2(a)(4)(C), inserted “before attaining age 55” after “or remarriage”.

    Enacted provision · exact public law section
    (C) in paragraph (2) by inserting immediately after “remarriage” the following: “before attaining age 55”.

16. 1986

    Pub. L. 99–336 § 2(e) · 100 Stat. 633

    Struck · 28 U.S.C. § 376(k)(1)

    Pub. L. 99–336, § 2(e), struck out “under subsection (b) of” before “section 371”

    Source evidence

    Code amendment note
    Subsec. (k)(1). Pub. L. 99–336, § 2(e), struck out “under subsection (b) of” before “section 371”.

    Enacted provision · exact public law section
    (e) Creditable Service.— Section 376(k)(l) of title 28, United States Code, is amended by deleting the phrase “subsection (b) of”.

17. 1986

    Pub. L. 99–336 § 2(a)(5)(C) · 100 Stat. 633

    1. Substituted · 28 U.S.C. § 376(l)

       Pub. 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

    2. Inserted · 28 U.S.C. § 376(l)

       Pub. L. 99–336, § 2(a)(5)(C), (d)(3)(A), 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)

    Source evidence

    Code amendment note
    Subsec. (l). Pub. 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).

    Enacted provision · exact public law section
    (C) by striking out the proviso and inserting in lieu thereof the following: “except that such annuity shall not exceed an amount equal to 50 percent of such average annual salary, nor be less than an amount equal to 25 percent of such average annual salary. Any annuity determined in accordance with the provisions of this subsection shall be reduced to the extent required by subsection (d) of this section.”.

18. 1986

    Pub. L. 99–336 § 2(a)(5)(A) · 100 Stat. 633

    Substituted · 28 U.S.C. § 376(l)(1)

    Pub. L. 99–336, § 2(a)(5)(A), substituted “1.5 percent” for “1¼ percent”

    Source evidence

    Code amendment note
    Subsec. (l)(1). Pub. L. 99–336, § 2(a)(5)(A), substituted “1.5 percent” for “1¼ percent”.

    Enacted provision · exact public law section
    (A) by striking out “1½ percent” and inserting in lieu thereof “1.5 percent”;

19. 1986

    Pub. L. 99–336 § 2(a)(5)(B) · 100 Stat. 633

    Substituted · 28 U.S.C. § 376(l)(2)

    Pub. L. 99–336, § 2(a)(5)(B), substituted “of this subsection;” for “of this subsection:”

    Source evidence

    Code amendment note
    Subsec. (l)(2). Pub. L. 99–336, § 2(a)(5)(B), substituted “of this subsection;” for “of this subsection:”.

    Enacted provision · exact public law section
    (B) in paragraph (2) by striking out the colon after “subsection” and inserting in lieu thereof a semicolon; and

20. 1986

    Pub. L. 99–336 § 2(d)(3)(B) · 100 Stat. 633

    Inserted · 28 U.S.C. § 376(n)

    Pub. L. 99–336, § 2(d)(3)(B), inserted “except as provided in subsections (s) and (t),” after “in equity,” in last sentence

    Source evidence

    Code amendment note
    Subsec. (n). Pub. L. 99–336, § 2(d)(3)(B), inserted “except as provided in subsections (s) and (t),” after “in equity,” in last sentence.

    Enacted provision · exact public law section
    (d) Annuities for Former Spouses.— (1) Section 376 of title 28, United States Code, is amended in subsection (a)— (A) by striking out the period at the end of paragraph (5) and inserting in lieu thereof “; and”; and (B) by adding at the end the following new paragraph: “(6) ‘former spouse’ means a former spouse of a judicial official if the former spouse was married to such judicial official for at least 9 months.”. (2) Section 376 of title 28, United States Code, is amended by adding at the end the following new subsections:

21. 1986

    Pub. L. 99–336 § 2(d)(3)(C) · 100 Stat. 633

    Inserted · 28 U.S.C. § 376(o)(2); 28 U.S.C. § 376(o)(3)

    Pub. L. 99–336, § 2(d)(3)(C), inserted “or (t)” after “subsection (h)”

    Source evidence

    Code amendment note
    Subsec. (o)(2), (3). Pub. L. 99–336, § 2(d)(3)(C), inserted “or (t)” after “subsection (h)”.

    Enacted provision · exact public law section
    (d) Annuities for Former Spouses.— (1) Section 376 of title 28, United States Code, is amended in subsection (a)— (A) by striking out the period at the end of paragraph (5) and inserting in lieu thereof “; and”; and (B) by adding at the end the following new paragraph: “(6) ‘former spouse’ means a former spouse of a judicial official if the former spouse was married to such judicial official for at least 9 months.”. (2) Section 376 of title 28, United States Code, is amended by adding at the end the following new subsections:

22. 1986

    Pub. L. 99–336 § 2(d)(2) · 100 Stat. 633

    Added · 28 U.S.C. § 376(s); 28 U.S.C. § 376(t)

    Pub. L. 99–336, § 2(d)(2), added subsecs. (s) and (t)

    Source evidence

    Code amendment note
    Subsecs. (s), (t). Pub. L. 99–336, § 2(d)(2), added subsecs. (s) and (t).

    Enacted provision · exact public law section
    (2) Section 376 of title 28, United States Code, is amended by adding at the end the following new subsections:

23. 1986

    Pub. L. 99–396 § 21(b)(1) · 100 Stat. 837

    Amended · 28 U.S.C. § 376(a)(1)(B)

    Pub. L. 99–396, § 21(b)(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;”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(B). Pub. L. 99–396, § 21(b)(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;”.

    Enacted provision · exact public law section
    (1) Subsection (a)(1)(B) of section 376 of title 28, United States Code, is amended to read as follows: “(B) a judge of the District Court of Guam, the District Court of the Northern Mariana Islands, or the District Court of the Virgin Islands;”.

24. 1986

    Pub. L. 99–396 § 21(b)(2) · 100 Stat. 837

    Amended · 28 U.S.C. § 376(a)(2)(B)

    Pub. L. 99–396, § 21(b)(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;”

    Source evidence

    Code amendment note
    Subsec. (a)(2)(B). Pub. L. 99–396, § 21(b)(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;”.

    Enacted provision · exact public law section
    (2) Subsection (a)(2)(B) of section 376 of title 28, United States Code, is amended to read as follows: “(B) in the case of a judge of the District Court of Guam, the District Court of the Northern Mariana Islands, or the District Court of the Virgin Islands, (i) an annuity paid under subsection (a) of section 373 of this title or (ii) compensation paid under paragraph (4) of subsection (c) of section 373 of this title;”. Ante, p. 844

25. 1988

    Retirement and Survivors’ Annuities for Bankruptcy Judges and Magistrates Act of 1988

    Pub. L. 100–659 § 3(a)(1) · 102 Stat. 3910

    1. Added · 28 U.S.C. § 376(a)(1)

       Pub. L. 100–659, § 3(a)(1), added subpar. (F)

    2. Substituted · 28 U.S.C. § 376(a)(1)

       Pub. L. 100–659, § 3(a)(1), 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

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. 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.

    Enacted provision · exact public law section
    (1) Subsection (a)(1) is amended— (A) by striking out “or” at the end of subparagraph (D); (B) by adding “or” at the end of subparagraph (E); (C) by inserting after subparagraph (E) the following: “(F) a full-time bankruptcy judge or a full-time United States magistrate;”; and (D) by striking out “; or (iv) October 1, 1986;” and inserting in lieu thereof “, (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;”.

26. 1988

    Retirement and Survivors’ Annuities for Bankruptcy Judges and Magistrates Act of 1988

    Pub. L. 100–659 § 3(a)(2) · 102 Stat. 3910

    Added · 28 U.S.C. § 376(a)(2)(F)

    Pub. L. 100–659, § 3(a)(2), added subpar. (F)

    Source evidence

    Code amendment note
    Subsec. (a)(2)(F). Pub. L. 100–659, § 3(a)(2), added subpar. (F).

    Enacted provision · exact public law section
    (2) Subsection (a)(2) is amended— (A) by striking out “and” at the end of subparagraph (D); (B) by adding “and” at the end of subparagraph (E); and (C) by adding at the end the following: “(F) in the case of a bankruptcy judge or United States magistrate, an annuity paid under section 377 of this title;”.

27. 1988

    Retirement and Survivors’ Annuities for Bankruptcy Judges and Magistrates Act of 1988

    Pub. L. 100–659 § 3(a)(3) · 102 Stat. 3910

    Inserted · 28 U.S.C. § 376(b)

    Pub. 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

    Source evidence

    Code amendment note
    Subsec. (b). Pub. 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.

    Enacted provision · exact public law section
    (3) Subsection (b) is amended in the last sentence— (A) by inserting after “deductions” the following: “(and any deductions made under section 377 of this title or under subchapter III of chapter 83, or chapter 84, of title 5)”; and (B) by inserting before the period the following: “(and under section 377 of this title or under subchapter III of chapter 83, or chapter 84, of title 5)”.

28. 1988

    Judicial Improvements and Access to Justice Act

    Pub. L. 100–702 title X § 1017(a) · 102 Stat. 4642

    Amended · 28 U.S.C. § 376(m)

    Pub. 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.”

    Source evidence

    Code amendment note
    Subsec. (m). Pub. 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.”

    Enacted provision · exact public law section
    (a) In General.— Section 376(m) is amended to read as follows: “(m) Each time that an increase is made under section 8340(b) of title 5 in annuities paid under subchapter III of chapter 83 of such title, each annuity payable from the Judicial Survivors’ Annuities Fund shall be increased at the same time by the same percentage by which annuities are increased under that section.”.

29. 1990

    Federal Courts Study Committee Implementation Act of 1990

    Pub. L. 101–650 § 306(b)(1) · 104 Stat. 5089

    Added · 28 U.S.C. § 376(a)(1)

    Pub. L. 101–650, § 306(b)(1), added subpar. (G) and cl. (vi) before semicolon at end

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 101–650, § 306(b)(1), added subpar. (G) and cl. (vi) before semicolon at end.

    Enacted provision · exact public law section
    (1) Subsection (a)(1) is amended— (A) by striking out “or” at the end of subparagraph (E); (B) by adding “or” at the end of subparagraph (F); (C) by inserting after subparagraph (F) the following: “(G) a judge of the United States Claims Court;”; (D) by striking out “or (v)” and inserting in lieu thereof “(v)”; and (E) by inserting before the semicolon at the end thereof the following: “, or (vi) the date of the enactment of the Federal Courts Study Committee Implementation Act of 1990, in the case of a full-time judge of the Claims Court in active service on that date”.

30. 1990

    Federal Courts Study Committee Implementation Act of 1990

    Pub. L. 101–650 § 306(b)(2) · 104 Stat. 5089

    Added · 28 U.S.C. § 376(a)(2)(G)

    Pub. L. 101–650, § 306(b)(2), added subpar. (G)

    Source evidence

    Code amendment note
    Subsec. (a)(2)(G). Pub. L. 101–650, § 306(b)(2), added subpar. (G).

    Enacted provision · exact public law section
    (2) Subsection (a)(2) is amended— (A) by striking out “and” at the end of subparagraph (E); (d) by adding “and” at the end of subparagraph (F); and (C) by adding at the end thereof the following: “(G) in the case of a judge of the United States Claims Court, an annuity paid under section 178 of this title;”.

31. 1990

    Federal Courts Study Committee Implementation Act of 1990

    Pub. L. 101–650 § 322(g)(2) · 104 Stat. 5089

    Substituted · 28 U.S.C. § 376(a)(5)(C)

    Pub. L. 101–650, § 322(g)(2), substituted “paragraph” for “subparagraph”

    Source evidence

    Code amendment note
    Subsec. (a)(5)(C). Pub. L. 101–650, § 322(g)(2), substituted “paragraph” for “subparagraph”.

    Enacted provision · exact public law section
    (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, if the salary deductions provided by subsection (b) 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 annum 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 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.

32. 1990

    Federal Courts Study Committee Implementation Act of 1990

    Pub. L. 101–650 § 322(b) · 104 Stat. 5089

    Added · 28 U.S.C. § 376(a)(7)

    Pub. L. 101–650, § 322(b), added par. (7)

    Source evidence

    Code amendment note
    Subsec. (a)(7). Pub. L. 101–650, § 322(b), added par. (7).

    Enacted provision · exact public law section
    (b) Definition of Assassination.— Section 376(a) of title 28, United States Code, is amended— (1) in paragraph (5)(C) by striking out “and” after the semicolon; (2) in paragraph (6) by striking out the period and inserting in lieu thereof “; and”; and (3) by inserting at the end the following new paragraph: “(7) ‘assassinated’ and ‘assassination’ mean the killing of a judicial official described in paragraph (1) (A), (B), (F), or (G) of this subsection that is motivated by the performance by that judicial official of his or her official duties.”.

33. 1990

    Federal Courts Study Committee Implementation Act of 1990

    Pub. L. 101–650 § 306(b)(3) · 104 Stat. 5089

    Substituted · 28 U.S.C. § 376(b)

    Pub. L. 101–650, § 306(b)(3), substituted “section 178 or 377” for “section 377” in two places

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 101–650, § 306(b)(3), substituted “section 178 or 377” for “section 377” in two places.

    Enacted provision · exact public law section
    (3) Subsection (b) is amended in the last sentence by striking out “section 377” each place it appears and inserting in each such place “section 178 or 377”.

34. 1990

    Federal Courts Study Committee Implementation Act of 1990

    Pub. L. 101–650 § 322(a)(1) · 104 Stat. 5089

    1. Inserted · 28 U.S.C. § 376(h)(1)

       Pub. L. 101–650, § 322(a)(1)–(4), inserted “(A)” before “after having completed”

    2. Inserted · 28 U.S.C. § 376(h)(1)

       Pub. L. 101–650, § 322(a)(1)–(4), 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 (b) or, in lieu thereof, the deposits required by subsection (d) have actually been made” after “have actually been made”

    3. Redesignated · 28 U.S.C. § 376(h)(1)

       Pub. L. 101–650, § 322(a)(1)–(4), 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”

    Source evidence

    Code amendment note
    Subsec. (h)(1). Pub. 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 (b) 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”.

    Enacted provision · exact public law section
    (1) in the matter preceding subparagraph (A)— (A) by inserting “(A)” before “after having completed”; and (B) by inserting after “have actually been made” the following: “, 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 (b) or, in lieu thereof, the deposits required by subsection (d) have actually been made”;

35. 1990

    Federal Courts Study Committee Implementation Act of 1990

    Pub. L. 101–650 § 322(g)(1)(A) · 104 Stat. 5089

    Substituted · 28 U.S.C. § 376(h)(2)

    Pub. L. 101–650, § 322(g)(1)(A), substituted “clause (i) or (ii) of paragraph (1)” for “subparagraphs (1)(A) or (1)(B)”

    Source evidence

    Code amendment note
    Subsec. (h)(2). Pub. L. 101–650, § 322(g)(1)(A), substituted “clause (i) or (ii) of paragraph (1)” for “subparagraphs (1)(A) or (1)(B)”.

    Enacted provision · exact public law section
    (1) Effective date.— Subject to paragraph (2), the amendments made by this Act shall apply to all judicial officials assassinated on or after May 28, 1979.

36. 1990

    Federal Courts Study Committee Implementation Act of 1990

    Pub. L. 101–650 § 322(g)(1)(B) · 104 Stat. 5089

    Substituted · 28 U.S.C. § 376(h)(3)

    Pub. L. 101–650, § 322(g)(1)(B), substituted “paragraph” for “subparagraph” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (h)(3). Pub. L. 101–650, § 322(g)(1)(B), substituted “paragraph” for “subparagraph” wherever appearing.

    Enacted provision · exact public law section
    (1) Effective date.— Subject to paragraph (2), the amendments made by this Act shall apply to all judicial officials assassinated on or after May 28, 1979.

37. 1990

    Federal Courts Study Committee Implementation Act of 1990

    Pub. L. 101–650 § 322(g)(1)(C) · 104 Stat. 5089

    1. Substituted · 28 U.S.C. § 376(h)(4)

       Pub. L. 101–650, § 322(g)(1)(C), substituted “paragraph (1)(ii)” for “subparagraph (1)(B)”

    2. Substituted · 28 U.S.C. § 376(h)(4)

       Pub. L. 101–650, § 322(g)(1)(C), substituted “paragraph (1)(iii)” for “subparagraph (1)(C)”

    Source evidence

    Code amendment note
    Subsec. (h)(4). Pub. 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)”.

    Enacted provision · exact public law section
    (1) Effective date.— Subject to paragraph (2), the amendments made by this Act shall apply to all judicial officials assassinated on or after May 28, 1979.

38. 1990

    Federal Courts Study Committee Implementation Act of 1990

    Pub. L. 101–650 § 322(a)(5) · 104 Stat. 5089

    Added · 28 U.S.C. § 376(h)(6)

    Pub. L. 101–650, § 322(a)(5), added par. (6)

    Source evidence

    Code amendment note
    Subsec. (h)(6). Pub. L. 101–650, § 322(a)(5), added par. (6).

    Enacted provision · exact public law section
    (5) by adding at the end of subsection (h) the following: “(6) In the case of the survivor or survivors of a judicial official to whom paragraph (1)(B) applies, there shall be deducted from the annuities otherwise payable under this section an amount equal to the amount of salary deductions that would have been made if such deductions had been made for 18 months prior to the judicial official’s death.”.

39. 1990

    Federal Courts Study Committee Implementation Act of 1990

    Pub. L. 101–650 § 322(c) · 104 Stat. 5089

    1. Amended · 28 U.S.C. § 376(i)

       Pub. L. 101–650, § 322(c), designated existing provisions as par. (1)

    2. Added · 28 U.S.C. § 376(i)

       Pub. L. 101–650, § 322(c), added par. (2)

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 101–650, § 322(c), designated existing provisions as par. (1) and added par. (2).

    Enacted provision · exact public law section
    (c) Determination of Assassination by Director.— Section 376(i) of title 28, United States Code, is amended— (1) by inserting “(1)” after “(i)”; and (2) by adding at the end thereof the following: “(2) The Director of the Administrative Office of the United States Courts shall determine whether the killing of a judicial official was an assassination, subject to review only by the Judicial Conference of the United States. The head of any Federal agency that investigates the killing of a judicial official shall provide information to the Director that would assist the Director in making such determination.”.

40. 1990

    Federal Courts Study Committee Implementation Act of 1990

    Pub. L. 101–650 § 322(d) · 104 Stat. 5089

    Struck · 28 U.S.C. § 376(l)(1)(ii)

    Pub. L. 101–650, § 322(d), struck out “but more than eighteen months,” after “less than three years,”

    Source evidence

    Code amendment note
    Subsec. (l)(1)(ii). Pub. L. 101–650, § 322(d), struck out “but more than eighteen months,” after “less than three years,”.

    Enacted provision · exact public law section
    (d) Computation of Widow’s and Widower’s Annuity.— Section 376(l)(1)(ii) of title 28, United States Code, is amended by striking out “but more than eighteen months,”.

41. 1990

    Federal Courts Study Committee Implementation Act of 1990

    Pub. L. 101–650 § 322(e) · 104 Stat. 5089

    1. Inserted · 28 U.S.C. § 376(o)

       Pub. L. 101–650, § 322(e), inserted “(1)” after “(o)”

    2. Redesignated · 28 U.S.C. § 376(o)

       Pub. L. 101–650, § 322(e), redesignated former pars. (1) to (3) as subpars. (A) to (C), respectively

    3. Inserted · 28 U.S.C. § 376(o)

       Pub. L. 101–650, § 322(e), inserted “subject to paragraph (2) of this subsection,” before “before having completed” in subpar. (A)

    4. Added · 28 U.S.C. § 376(o)

       Pub. L. 101–650, § 322(e), added par. (2)

    Source evidence

    Code amendment note
    Subsec. (o). Pub. 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).

    Enacted provision · exact public law section
    (e) Refund of Contributions to Fund.— Section 376(o) of title 28, United States Code, is amended— (1) by inserting “(1)” after “(o)”; (2) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively; (3) in subparagraph (A) as so redesignated, by inserting “subject to paragraph (2) of this subsection,” before “before having completed”; and (4) by adding at the end thereof the following new paragraph: “(2) In cases in which a judicial official dies as a result of assassination and leaves a survivor or survivors who are entitled to receive the annuity benefits provided by subsection (h) or (t) of this section, paragraph (1)(A) of this subsection shall not apply.”.

42. 1990

    Federal Courts Study Committee Implementation Act of 1990

    Pub. L. 101–650 § 322(f) · 104 Stat. 5089

    Added · 28 U.S.C. § 376(u)

    Pub. L. 101–650, § 322(f), added subsec. (u)

    Source evidence

    Code amendment note
    Subsec. (u). Pub. L. 101–650, § 322(f), added subsec. (u).

    Enacted provision · exact public law section
    (f) Other Benefits.— Section 376 of title 28, United States Code, is amended by adding at the end thereof the following: “(u) In the case of a judicial official who is assassinated, an annuity shall be paid under this section notwithstanding a survivor’s eligibility for or receipt of benefits under chapter 81 of title 5, except that the annuity for which a surviving spouse is eligible under this section shall be reduced to the extent that the total benefits paid under this section and chapter 81 of title 5 for any year would exceed the current salary for that year of the office of the judicial official.”.

43. 1992

    Federal Courts Administration Act of 1992

    Pub. L. 102–572 title II § 201(a) · 106 Stat. 4506

    1. Substituted · 28 U.S.C. § 376(a)(1)

       Pub. L. 102–572, §§ 201(a), 902(b)(2), in concluding provisions substituted “Court of Federal Claims” for “Claims Court” in cl. (vi)

    2. Added · 28 U.S.C. § 376(a)(1)

       Pub. L. 102–572, §§ 201(a), 902(b)(2), in concluding provisions added cl. (vii)

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 102–572, §§ 201(a), 902(b)(2), in concluding provisions substituted “Court of Federal Claims” for “Claims Court” in cl. (vi) and added cl. (vii).

    Enacted provision · exact public law section
    (a) Election.— Section 376(a)(1) of title 28, United States Code, is amended in the matter following subparagraph (G)— (1) by striking “or” at the end of clause (v); and (2) by inserting before the semicolon at the end of clause (vi) “, or (vii) the date of the enactment of the Federal Courts Administration Act of 1992”.

44. 1992

    Court of Federal Claims Technical and Procedural Improvements Act of 1992

    Pub. L. 102–572 § 902(b)(1) · 106 Stat. 4506

    Substituted · 28 U.S.C. § 376(a)(1)(G); 28 U.S.C. § 376(a)(2)(G)

    Pub. L. 102–572, § 902(b)(1), substituted “United States Court of Federal Claims” for “United States Claims Court”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(G), (2)(G). Pub. L. 102–572, § 902(b)(1), substituted “United States Court of Federal Claims” for “United States Claims Court”.

    Enacted provision · exact public law section
    (1) the “United States Claims Court” shall be deemed to refer to the “United States Court of Federal Claims”; and

45. 1992

    Federal Courts Administration Act of 1992

    Pub. L. 102–572 § 201(b) · 106 Stat. 4506

    1. Amended · 28 U.S.C. § 376(b)

       Pub. L. 102–572, § 201(b), designated first sentence as par. (1)

    2. Substituted · 28 U.S.C. § 376(b)

       Pub. L. 102–572, § 201(b), 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.”

    3. Added · 28 U.S.C. § 376(b)

       Pub. L. 102–572, § 201(b), added par. (2)

    4. Amended · 28 U.S.C. § 376(b)

       Pub. L. 102–572, § 201(b), designated last 3 sentences as par. (3)

    5. Substituted · 28 U.S.C. § 376(b)

       Pub. L. 102–572, § 201(b), 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”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 102–572, § 201(b), 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”.

    Enacted provision · exact public law section
    (b) Contributions.— Section 376(b) of title 28, United States Code, is amended— (1) by inserting “(1)” after “(b)”; (2) in the first sentence by striking “including any ‘retirement salary’, a sum equal to 5 percent of that salary.” and inserting “ 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(b)(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 (b) 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(b), 797, 373(c)(4), 375, or 636(h) of this title, shall be an amount equal to 2.2 percent of retirement salary.”; (3) by redesignating all that follows the first sentence (as amended by paragraph (2) of this subsection) as paragraph (3) and inserting before such paragraph (3) the following new paragraph: “(2) A judicial official who is not entitled to receive an immediate retirement salary upon leaving office but who is eligible to receive a deferred retirement salary on a later date shall file, within 90 days before leaving office, a written notification of his or her intention to remain within the purview of this section under such conditions and procedures as may be determined by the Director of the Administrative Office of the United States Courts. Every judicial official who files a written notification in accordance with this paragraph shall be deemed to consent to contribute, during the period before such a judicial official begins to receive his or her retirement salary, a sum equal to 3.5 percent of the deferred retirement salary which that judicial official is entitled to receive. Any judicial official who fails to file a written notification under this paragraph shall be deemed to have revoked his or her election under subsection (a) of this section.”; and (4) in paragraph (3), as redesignated by paragraph (3) of this subsection, by striking “so deducted and withheld from the salary of each such judicial official” and inserting “deducted and withheld from the salary of each judicial official under paragraphs (1) and (2) of this subsection”.

46. 1992

    Federal Courts Administration Act of 1992

    Pub. L. 102–572 § 201(c) · 106 Stat. 4506

    Substituted · 28 U.S.C. § 376(d)(1); 28 U.S.C. § 376(d)(2)

    Pub. L. 102–572, § 201(c), substituted “3.5 percent” for “5 percent”

    Source evidence

    Code amendment note
    Subsec. (d)(1), (2). Pub. L. 102–572, § 201(c), substituted “3.5 percent” for “5 percent”.

    Enacted provision · exact public law section
    (c) Deposits.— Section 376(d) of title 28, United States Code, is amended— (1) in paragraph (1) by striking “5 percent” and inserting “3.5 percent”; and (2) in paragraph (2) by striking “5 percent” and inserting “3.5 percent”.

47. 1992

    Federal Courts Administration Act of 1992

    Pub. L. 102–572 § 201(d) · 106 Stat. 4506

    Amended · 28 U.S.C. § 376(g)

    Pub. 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 annum to December 31, 1947; and at 3 percent per annum 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.”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. 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 annum to December 31, 1947; and at 3 percent per annum 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.”

    Enacted provision · exact public law section
    (d) Refund of Deposits.— Section 376(g) of title 28, United States Code, is amended to read as follows: “(g) If any judicial official leaves office and is ineligible to receive a retirement salary or leaves office and is entitled to a deferred retirement salary but fails to make an election under subsection (b)(2) of this section, all amounts credited to his or her account established under subsection (e), together with interest at 4 percent per annum to December 31, 1947, and at 3 percent per annum thereafter, compounded on December 31 of each year, to the date of his or her relinquishment of office, minus a sum equal to 2.2 percent of salary for service while deductions were withheld under subsection (b) or for which a deposit was made by the judicial official under subsection (d), 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 section, a ‘reasonable period of time’ shall be presumed to be no longer than 1 year following the date upon which such judicial official relinquishes his or her office.”.

48. 1992

    Federal Courts Administration Act of 1992

    Pub. L. 102–572 § 201(e) · 106 Stat. 4506

    Substituted · 28 U.S.C. § 376(h)(1)

    Pub. L. 102–572, § 201(e), substituted “while receiving retirement salary, or after filing an election and otherwise complying with the conditions under subsection (b)(2) of this section” for “or while receiving ‘retirement salary,’ ”

    Source evidence

    Code amendment note
    Subsec. (h)(1). Pub. L. 102–572, § 201(e), substituted “while receiving retirement salary, or after filing an election and otherwise complying with the conditions under subsection (b)(2) of this section” for “or while receiving ‘retirement salary,’ ”.

    Enacted provision · exact public law section
    (e) Payment of Annuities.— Section 376(h)(1) of title 28, United States Code, is amended by striking “or while receiving ‘retirement salary,’ ” and inserting “while receiving retirement salary, or after filing an election and otherwise complying with the conditions under subsection (b)(2) of this section”.

49. 1992

    Federal Courts Administration Act of 1992

    Pub. L. 102–572 § 201(f) · 106 Stat. 4506

    Added · 28 U.S.C. § 376(k)(5)

    Pub. L. 102–572, § 201(f), added par. (5)

    Source evidence

    Code amendment note
    Subsec. (k)(5). Pub. L. 102–572, § 201(f), added par. (5).

    Enacted provision · exact public law section
    (f) Creditable Service.— Section 376(k) of title 28, United States Code, is amended— (1) in paragraph (3) by striking “and” at the end; (2) in paragraph (4) by striking the period and inserting (3) by adding at the end the following new paragraph: “(5) those years during which such judicial official had deductions withheld from his or her retirement salary in accordance with subsection (b) (1) or (2) of this section.”.

50. 1992

    Federal Courts Administration Act of 1992

    Pub. L. 102–572 § 201(g) · 106 Stat. 4506

    1. Substituted · 28 U.S.C. § 376(l)(1)

       Pub. 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

    2. Added · 28 U.S.C. § 376(l)(1)

       Pub. L. 102–572, § 201(g), added subpar. (D)

    3. Redesignated · 28 U.S.C. § 376(l)(1)

       Pub. L. 102–572, § 201(g), redesignated former subpar. (D) as (E)

    Source evidence

    Code amendment note
    Subsec. (l)(1). Pub. 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).

    Enacted provision · exact public law section
    (g) Computation of Annuity.— Section 376(1) of title 28, United States Code, is amended— (1) in paragraph (1) by striking “(i) during those three years of such service in which his or her annual salary” and inserting “(i) during those three years of such service, or during those three years while receiving a retirement salary, in which his or her annual salary or retirement salary”; and (2) in paragraph (1) by redesignating subparagraph (D) as subparagraph (E) and inserting after subparagraph (C) the following: “(D) the number of years during which the judicial official had deductions withheld from his or her retirement salary under subsection (b) (1) or (2) of this section; plus”.

51. 1992

    Federal Courts Administration Act of 1992

    Pub. L. 102–572 § 201(h) · 106 Stat. 4506

    Added · 28 U.S.C. § 376(v)

    Pub. L. 102–572, § 201(h), added subsec. (v)

    Source evidence

    Code amendment note
    Subsec. (v). Pub. L. 102–572, § 201(h), added subsec. (v).

    Enacted provision · exact public law section
    (h) Termination.— Section 376 of title 28, United States Code, is amended by adding at the end of that section the following new subsection: “(v) Subject to the terms of a decree, court order, or agreement described in subsection (t)(1) if any judicial official ceases to be married after making the election under subsection (a), he or she may revoke such election in writing by notifying the Director of the Administrative Office of the United States Courts. The judicial official shall also notify any spouse or former spouse of the application for revocation in accordance with such requirements as the Director of the Administrative Office of the United States Courts shall by regulation prescribe. The Director may provide under such regulations that the notification requirement may be waived with respect to a spouse or former spouse if the judicial official establishes to the satisfaction of the Director that the whereabouts of such spouse or former spouse cannot be determined.”.

52. 1992

    Federal Courts Administration Act of 1992

    Pub. L. 102–572 § 201(i) · 106 Stat. 4506

    Added · 28 U.S.C. § 376(w)

    Pub. L. 102–572, § 201(i), added subsec. (w)

    Source evidence

    Code amendment note
    Subsec. (w). Pub. L. 102–572, § 201(i), added subsec. (w).

    Enacted provision · exact public law section
    (i) Adjustment of Contribution Rate.— Section 376 of title 28, United States Code, is amended by adding at the end of that section the following new subsection: “(w) 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 (b) 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 (b) should be made to Reports. achieve that 50 percent figure. The Comptroller General shall report the results of each determination under this subsection to the Congress.”.

53. 1996

    Pub. L. 104–317 § 308 · 110 Stat. 3847

    Amended · 28 U.S.C. § 376(b)(1)

    Pub. 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—

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. 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(b)(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 (b) 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(b), 797, 373(c)(4), 375, or 636(h) of this title, shall be an amount equal to 2.2 percent of retirement salary.”

    Enacted provision · exact public law section
    SEC. 308. CONTRIBUTION RATE FOR SENIOR JUDGES UNDER THE JUDICIAL SURVIVORS’ ANNUITIES SYSTEM. Section 376(b)(1) of title 28, United States Code, is amended to read as follows: “(b) (1) 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 under section 371(b) or section 372(a) of this title, “(B) of a judge of the United States Court of Federal Claims retired under section 178 of this title, or “(C) of a judicial official on recall under section 155(b), 373(c)(4), 375, or 636(h) of this title, shall be an amount equal to 2.2 percent of retirement salary.”.

54. 1996

    Pub. L. 104–317 § 302 · 110 Stat. 3847

    Substituted · 28 U.S.C. § 376(o)(1)

    Pub. L. 104–317, § 302, substituted “while receiving retirement salary, or after filing an election and otherwise complying with the conditions under subsection (b)(2) of this section,” for “or while receiving ‘retirement salary’,” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (o)(1). Pub. L. 104–317, § 302, substituted “while receiving retirement salary, or after filing an election and otherwise complying with the conditions under subsection (b)(2) of this section,” for “or while receiving ‘retirement salary’,” in introductory provisions.

    Enacted provision · exact public law section
    SEC. 302. REFUND OF CONTRIBUTION FOR DECEASED DEFERRED ANNUITANT UNDER THE JUDICIAL SURVIVORS’ ANNUITIES SYSTEM. Section 376(o)(1) of title 28, United States Code, is amended by striking out “or while receiving ‘retirement salary’,” and inserting in lieu thereof “while receiving retirement salary, or after filing an election and otherwise complying with the conditions under subsection (b)(2) of this section,”.

55. 2000

    Pub. L. 106–518 § 312(b)(1) · 114 Stat. 2410

    Substituted · 28 U.S.C. § 376(a)(1)(D)

    Pub. L. 106–518, § 312(b)(1), substituted “subsection (a)” for “subsection (b)”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(D). Pub. L. 106–518, § 312(b)(1), substituted “subsection (a)” for “subsection (b)”.

    Enacted provision · exact public law section
    (1) in paragraph (1)(D) by striking “subsection (b)” and inserting “subsection (a)”; and

56. 2000

    Pub. L. 106–518 § 312(b)(2) · 114 Stat. 2410

    Substituted · 28 U.S.C. § 376(a)(2)(D)

    Pub. L. 106–518, § 312(b)(2), substituted “subsection (b) or (c)” for “subsection (c) or (d)”

    Source evidence

    Code amendment note
    Subsec. (a)(2)(D). Pub. L. 106–518, § 312(b)(2), substituted “subsection (b) or (c)” for “subsection (c) or (d)”.

    Enacted provision · exact public law section
    (2) in paragraph (2)(D) by striking “subsection (c) or (d)” and inserting “subsection (b) or (c)”.

57. 2008

    Pub. L. 110–402 § 1(b)(2) · 122 Stat. 4254

    Substituted · 28 U.S.C. § 376(a)(1)(E); 28 U.S.C. § 376(a)(2)(E)

    Pub. L. 110–402 substituted “a Counselor” for “an administrative assistant”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(E), (2)(E). Pub. L. 110–402 substituted “a Counselor” for “an administrative assistant”.

    Enacted provision · exact public law section
    (2) Judicial official.— Section 376(a) of title 28, United States Code, is amended— (A) in paragraph (1)(E), by striking “an administrative assistant” and inserting “a Counselor”; and (B) in paragraph (2)(E), by striking “an administrative assistant” and inserting “a Counselor”.

58. 2008

    Inmate Tax Fraud Prevention Act of 2008

    Pub. L. 110–428 § 3(b) · 122 Stat. 4839

    Substituted · 28 U.S.C. § 376(h)(2)

    Pub. L. 110–428, § 3(b), substituted “, subject to subsection (x).” for period at end

    Source evidence

    Code amendment note
    Subsec. (h)(2). Pub. L. 110–428, § 3(b), substituted “, subject to subsection (x).” for period at end.

    Enacted provision · exact public law section
    (b) Conforming Amendment.— Section 376(h)(2) of title 28, United States Code, is amended by striking the period at the end and inserting “, subject to subsection (x).”.

    Effective date note
    Pub. L. 110–428, § 3(c), Oct. 15, 2008, 122 Stat. 4840, as amended by Pub. L. 111–32, title V, § 501(a), June 24, 2009, 123 Stat. 1879, provided that: [Pub. L. 111–32, title V, § 501(b), June 24, 2009, 123 Stat. 1879, provided that: “The amendments made by subsection (a) [amending section 3(c) of Pub. L. 110–428, set out above] shall take effect as if included in the enactment of Public Law 110–428.” ]

59. 2008

    Inmate Tax Fraud Prevention Act of 2008

    Pub. L. 110–428 § 3(a) · 122 Stat. 4839

    Added · 28 U.S.C. § 376(x)

    Pub. L. 110–428, § 3(a), added subsec. (x)

    Source evidence

    Code amendment note
    Subsec. (x). Pub. L. 110–428, § 3(a), added subsec. (x).

    Enacted provision · exact public law section
    (a) In General.— Section 376 of title 28, United States Code, is amended by adding at the end the following: “(x) In the case of a widow or widower whose annuity under clause (i) or (ii) of subsection (h)(1) is terminated because of remarriage before attaining 55 years of age, the annuity shall be restored at the same rate commencing on the day the remarriage is dissolved by death, divorce, or annulment, if— “(1) the widow or widower elects to receive this annuity instead of any other survivor annuity to which such widow or widower may be entitled, under this chapter or under another retirement system for Government employees, by reason of the remarriage; and “(2) any payment made to such widow or widower under subsection (o) or (p) on termination of the annuity is returned to the Judicial Survivors’ Annuities Fund.” .

    Effective date note
    Pub. L. 110–428, § 3(c), Oct. 15, 2008, 122 Stat. 4840, as amended by Pub. L. 111–32, title V, § 501(a), June 24, 2009, 123 Stat. 1879, provided that: [Pub. L. 111–32, title V, § 501(b), June 24, 2009, 123 Stat. 1879, provided that: “The amendments made by subsection (a) [amending section 3(c) of Pub. L. 110–428, set out above] shall take effect as if included in the enactment of Public Law 110–428.” ]

60. 2009

    Judicial Survivors Protection Act of 2009

    Pub. L. 111–49 § 6 · 123 Stat. 1976

    Added · 28 U.S.C. § 376(y)

    Pub. L. 111–49 added subsec. (y)

    Source evidence

    Code amendment note
    Subsec. (y). Pub. L. 111–49 added subsec. (y).

    Enacted provision · exact public law section
    SEC. 6. VOLUNTARY CONTRIBUTIONS TO ENLARGE SURVIVORS’ ANNUITY.   Section 376 of title 28, United States Code, is amended by adding at the end the following: “(y) For each year of Federal judicial service completed, judicial officials who are enrolled in the Judicial Survivors’ Annuities System on the date of enactment of the Judicial Survivors Protection Act of 2009 may purchase, in 3-month increments, up to an additional year of service credit, under the terms set forth in this section. In the case of judicial officials who elect to enroll in the Judicial Survivors’ Annuities System during the statutory open enrollment period authorized under the Judicial Survivors Protection Act of 2009, for each year of Federal judicial service completed, such an official may purchase, in 3-month increments, up to an additional year of service credit for each year of Federal judicial service completed, under the terms set forth in section 4(a) of that Act.” .

61. 2012

    GAO Mandates Revision Act of 2012

    Pub. L. 112–234 § 2(b)(2) · 126 Stat. 1624

    Substituted · 28 U.S.C. § 376(h)(2)

    Pub. L. 112–234, § 2(b)(2), substituted “subsection (w)” for “subsection (x)”

    Source evidence

    Code amendment note
    Subsec. (h)(2). Pub. L. 112–234, § 2(b)(2), substituted “subsection (w)” for “subsection (x)”.

    Enacted provision · exact public law section
    (2) Technical and conforming amendment.— Section 376(h)(2) of title 28, United States Code, is amended by striking “subsection (x)” and inserting “subsection (w)”.

62. 2012

    GAO Mandates Revision Act of 2012

    Pub. L. 112–234 § 2(b)(1) · 126 Stat. 1624

    1. Redesignated · 28 U.S.C. § 376(w)(y)

       Pub. L. 112–234, § 2(b)(1), redesignated subsecs. (x) and (y) as (w) and (x), respectively

    2. Struck · 28 U.S.C. § 376(w)(y)

       Pub. L. 112–234, § 2(b)(1), 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 (b) 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 (b) 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.”

    Source evidence

    Code amendment note
    Subsecs. (w) to (y). Pub. L. 112–234, § 2(b)(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 (b) 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 (b) 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.”

    Enacted provision · exact public law section
    (1) In general.— Section 376 of title 28, United States Code, is amended— (A) by striking subsection (w); and (B) by redesignating subsections (x) and (y) as subsections (w) and (x), respectively.

81 of 86 references resolved to an enrolled provision · 5 partial