§ 611. Retirement of Director

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. 1967

   Pub. L. 90–219 title II § 201(a) · 81 Stat. 664

   Enacted · 28 U.S.C. § 611

   Added Pub. L. 90–219, title II, § 201(a), Dec. 20, 1967, 81 Stat. 668

   Source evidence

   Code source credit
   Added Pub. L. 90–219, title II, § 201(a), Dec. 20, 1967, 81 Stat. 668

   Enacted provision · exact public law section
   (a) Chapter 41 of title 28, United States Code, is amended by adding at the end thereof a new section as follows: “§611. Retirement of Director “(a) The Director may, by written election filed with the Chief Justice of the United States within six months after the date on which he takes office, waive coverage under subchapter III (relating 80 Stat. 564. to civil service retirement) of chapter 83, title 5, United States Code, and bring himself within the purview of this section. Such waiver and election shall not operate to foreclose to the Director, upon separation from service other than by retirement, such opportunity as the law may provide to secure civil service retirement credit for service as Director by depositing with interest the amount required by section 80 Stat. 569; Ante, p. 214. 8334 of title 5, United States Code. “(b) Upon the retirement of a Director who has elected coverage under this section and who has served at least fifteen years and attained the age of sixty-five years the Administrative Office of the United States Courts shall pay him an annuity for life equal to 80 per centum of the salary of the office at the time of his retirement. “Upon the retirement of a Director who has elected coverage under this section and who has served at least ten years, but who is not eligible to receive an annuity under the first paragraph of this subsection, the Administrative Office of the United States Courts shall pay him an annuity for life equal to that proportion of 80 per centum of the salary of the office at the time of his retirement that the number of years of his service bears to fifteen, reduced by one-quarter of 1 per centum for each full month, if any, he is under the age of sixty-five at the time of separation from service. “(c) A Director who has elected coverage under this section and who becomes permanently disabled to perform the duties of his office shall be retired and shall receive an annuity for life equal to 80 per centum of the salary of the office at the time of his retirement if he has served at least fifteen years, or equal to that proportion of 80 per centum of such salary that the aggregate number of years of his service bears to fifteen if he has served less than fifteen years, but in no event less than 50 per centum of such salary. “(d) For the purpose of this section, ‘service’ means service, whether or not continuous, as Director of the Administrative Office of the United States Courts, and any service, not to exceed five years, as a judge of the United States, a Senator or Representative in Congress, or a civilian official appointed by the President, by and with the advice and consent of the Senate.”

2. 1988

   Judicial Improvements and Access to Justice Act

   Pub. L. 100–702 § 1006(a)(1) · 102 Stat. 4642

   Amended · 28 U.S.C. § 611(a)

   Pub. L. 100–702, § 1006(a)(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “The Director may, by written election filed with the Chief Justice of the United States within six months after the date on which he takes office, waive coverage under subchapter III (relating to civil service retirement) of chapter 83, Title 5, United States Code, and bring himself within the purview of this section. Such waiver and election shall not operate to foreclose to the Director, upon separation from service other than by retirement, such opportunity as the law may provide to secure civil service retirement credit for service as Director by depositing with interest the amount required by section 8334 of title 5, United States Code.”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 100–702, § 1006(a)(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “The Director may, by written election filed with the Chief Justice of the United States within six months after the date on which he takes office, waive coverage under subchapter III (relating to civil service retirement) of chapter 83, Title 5, United States Code, and bring himself within the purview of this section. Such waiver and election shall not operate to foreclose to the Director, upon separation from service other than by retirement, such opportunity as the law may provide to secure civil service retirement credit for service as Director by depositing with interest the amount required by section 8334 of title 5, United States Code.”

   Enacted provision · exact public law section
   (1) Section 611(a) is amended to read as follows: “(a) The Director may, by written election filed with the Chief Justice of the United States within 6 months after the date on which he takes office, waive coverage under chapter 83 of title 5, subchapter III (the Civil Service Retirement System) or chapter 84 of title 5 (the Federal Employees’ Retirement System), whichever is applicable, and bring himself within the purview of this section. A Director who elects coverage under this section shall be deemed an ‘employee’ for purposes of chapter 84 of title 5, subchapter III, regardless of whether he has waived the coverage of chapter 83, subchapter III, or chapter 84. Waiver of coverage under chapter 83, subchapter III, and election of this section shall not operate to foreclose to the Director, upon separation from service other than by retirement, such opportunity as the law may provide to secure retirement credit under chapter 83 for service as Director by depositing with interest the amount required by section 8334 of title 5. A Director who waives coverage under chapter 84 and elects this section may secure retirement credit under chapter 84 for service as Director by depositing with interest 1.3 percent of basic pay for service from January 1, 1984, through December 31, 1986, and the amount referred to in section 8422(a) of title 5, for service after December 31, 1986. Interest shall be computed under section 8334(e) of title 5.”.

   Effective date note
   Pub. L. 100–702, title X, § 1004(b), Nov. 19, 1988, 102 Stat. 4666, provided that: “The amendments made by this section [amending this section and section 627 of this title] shall apply to cost-of-living increases that go into effect on or after the date of enactment of this title [Nov. 19, 1988] with respect to any annuity being paid or becoming payable on or after such date.” Pub. L. 100–702, title X, § 1006(b), Nov. 19, 1988, 102 Stat. 4667, provided that: “The amendments made by this section [amending this section and section 627 of this title] shall apply to persons holding the offices of Director of the Administrative Office of the United States Courts, Director of the Federal Judicial Center, and Administrative Assistant to the Chief Justice on the date of enactment of this title [Nov. 19, 1988].”

3. 1988

   Judicial Improvements and Access to Justice Act

   Pub. L. 100–702 § 1004(a) · 102 Stat. 4642

   Added · 28 U.S.C. § 611(e)

   Pub. L. 100–702, § 1004(a), added subsec. (e)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 100–702, § 1004(a), added subsec. (e).

   Enacted provision · exact public law section
   (a) Amendments to Sections 611 and 627.— Sections 611 and 627 are amended by adding at the end thereof a new paragraph denominated as subsection (e) of section 611 and subsection (f) of section 627, to read as follows: “Each annuity payable under this section shall be increased by the same percentage amount and effective on the same date as annuities payable under chapter 83 of title 5, are increased as provided by section 8340 of title 5.”.

   Effective date note
   Pub. L. 100–702, title X, § 1004(b), Nov. 19, 1988, 102 Stat. 4666, provided that: “The amendments made by this section [amending this section and section 627 of this title] shall apply to cost-of-living increases that go into effect on or after the date of enactment of this title [Nov. 19, 1988] with respect to any annuity being paid or becoming payable on or after such date.” Pub. L. 100–702, title X, § 1006(b), Nov. 19, 1988, 102 Stat. 4667, provided that: “The amendments made by this section [amending this section and section 627 of this title] shall apply to persons holding the offices of Director of the Administrative Office of the United States Courts, Director of the Federal Judicial Center, and Administrative Assistant to the Chief Justice on the date of enactment of this title [Nov. 19, 1988].”

4. 2000

   Pub. L. 106–518 § 301(a)(2) · 114 Stat. 2410

   1. Substituted · 28 U.S.C. § 611(b)

      Pub. L. 106–518, § 301(a)(2), substituted “who has at least fifteen years of service and has” for “who has served at least fifteen years and” in second par

   2. Substituted · 28 U.S.C. § 611(b)

      Pub. L. 106–518, § 301(a)(2), substituted “who has at least ten years of service,” for “who has served at least ten years,” in second par

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 106–518, § 301(a)(2), substituted “who has at least fifteen years of service and has” for “who has served at least fifteen years and” in first par. and “who has at least ten years of service,” for “who has served at least ten years,” in second par.

   Enacted provision · exact public law section
   (2) in subsection (b)— (A) by striking “who has served at least fifteen years and” and inserting “who has at least fifteen years of service and has”; and (B) in the first undesignated paragraph, by striking “who has served at least ten years,” and inserting “who has at least ten years of service,”; and

5. 2000

   Pub. L. 106–518 § 301(a)(3) · 114 Stat. 2410

   1. Substituted · 28 U.S.C. § 611(c)

      Pub. L. 106–518, § 301(a)(3), substituted “at least fifteen years of service,” for “served at least fifteen years,”

   2. Substituted · 28 U.S.C. § 611(c)

      Pub. L. 106–518, § 301(a)(3), substituted “less than fifteen years of service,” for “served less than fifteen years,”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 106–518, § 301(a)(3), substituted “at least fifteen years of service,” for “served at least fifteen years,” and “less than fifteen years of service,” for “served less than fifteen years,”.

   Enacted provision · exact public law section
   (3) in subsection (c)— (A) by striking “served at least fifteen years,” and inserting “at least fifteen years of service,”; and (B) by striking “served less than fifteen years,” and inserting “less than fifteen years of service”.

6. 2000

   Pub. L. 106–518 § 301(a)(1) · 114 Stat. 2410

   Inserted · 28 U.S.C. § 611(d)

   Pub. L. 106–518, § 301(a)(1), inserted “a congressional employee in the capacity of primary administrative assistant to a Member of Congress or in the capacity of staff director or chief counsel for the majority or the minority of a committee or subcommittee of the Senate or House of Representatives,” after “Congress,”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 106–518, § 301(a)(1), inserted “a congressional employee in the capacity of primary administrative assistant to a Member of Congress or in the capacity of staff director or chief counsel for the majority or the minority of a committee or subcommittee of the Senate or House of Representatives,” after “Congress,”.

   Enacted provision · exact public law section
   (1) in subsection (d), by inserting “a congressional employee in the capacity of primary administrative assistant to a Member of Congress or in the capacity of staff director or chief counsel for the majority or the minority of a committee or subcommittee of the Senate or House of Representatives,” after “Congress”;

8 of 8 references resolved to an enrolled provision