§ 627. Retirement; employee benefits

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 I § 101 · 81 Stat. 664

   Enacted · 28 U.S.C. § 627

   Added Pub. L. 90–219, title I, § 101, Dec. 20, 1967, 81 Stat. 666

   Source evidence

   Code source credit
   Added Pub. L. 90–219, title I, § 101, Dec. 20, 1967, 81 Stat. 666

   Enacted provision · exact public law section
   Sec. 101. Title 28, United States Code, is amended by inserting, immediately following chapter 41, a new chapter as follows: “Chapter 42.— FEDERAL JUDICIAL CENTER “Sec. “620. Federal Judicial Center. “621. Board; composition, tenure of members, compensation. “622. Meetings; conduct of business. “623. Duties of the Board. “624. Powers of the Board. “625. Director and staff. “626. Compensation of the Director. “627. Retirement; employee benefits. “628. Appropriations and accounting. “629. Organizational provisions. “§620. Federal Judicial Center “(a) There is established within the judicial branch of the Government a Federal Judicial Center, whose purpose it shall be to further the development and adoption of improved judicial administration in the courts of the United States. “(b) The Center shall have the following functions: “(1) to conduct research and study of the operation of the courts of the United States, and to stimulate and coordinate such research and study on the part of other public and private persons and agencies; “(2) to develop and present for consideration by the Judicial Conference of the United States recommendations for improvement of the administration and management of the courts of the United States; “(3) to stimulate, create, develop, and conduct programs of continuing education and training for personnel of the judicial branch of the Government, including, but not limited to, judges, referees, clerks of court, probation officers, and United States commissioners; and “(4) insofar as may be consistent with the performance of the other functions set forth in this section, to provide staff, research, and planning assistance to the Judicial Conference of the United States and its committees. “§ 621. Board; composition, tenure of members, compensation “(a) The activities of the Center shall be supervised by a Board to be composed of— “(1) the Chief Justice of the United States, who shall be the permanent Chairman of the Board; “(2) two active judges of the courts of appeals of the United States and three active judges of the district courts of the United States elected by vote of the members of the Judicial Conference Restriction. of the United States: Provided, however, That the judges so elected shall not be members of the Judicial Conference of the United States; and “(3) the Director of the Administrative Office of the United States Courts, who shall be a permanent member of the Board. “(b) The term of office of each elected member of the Board shall be four years: Provided, however, That section 629 of this chapter Restrictions. shall govern the terms of office of the first members elected to the Board: And provided further, That a member elected to serve for an unexpired term arising by virtue of the death, disability, retirement, or resignation of a member shall be elected only for such unexpired term. “(c) No member elected for a four-year term shall be eligible for reelection to the Board. “(d) Members of the Board shall serve without additional compensation, but shall be reimbursed for actual and necessary expenses incurred in the performance of their official duties. “§622. Meetings; conduct of business “(a) Regular meetings of the Board shall be held quarterly. Special meetings shall be held from time to time upon the call of the Chairman, acting at his own discretion or pursuant to the petition of any four members. “(b) Each member of the Board shall be entitled to one vote. A simple majority of the membership shall constitute a quorum for the conduct of business. The Board shall act upon the concurrence of a simple majority of the members present and voting. “§623. Duties of the Board “(a) In its direction and supervision of the activities of the Federal Judicial Center, the Board shall— “(1) establish such policies and develop such programs for the Federal Judicial Center as will further achievement of its purpose and performance of its functions; “(2) formulate recommendations for improvements in the administration of the courts of the United States, in the training of the personnel of those courts, and in the management of their resources; “(3) submit to the Judicial Conference of the United States, at least one month in advance of its annual meeting, a report of the activities of the Center and such recommendations as the Board may propose for the consideration of the Conference; “(4) present to other government departments, agencies, and instrumentalities whose programs or activities relate to the administration of justice in the courts of the United States the recommendations of the Center for the improvement of such programs or activities; “(5) study and determine ways in which automatic data processing and systems procedures may be applied to the administration of the courts or the United States, and include in the annual report required by paragraph (3) of this subsection details of the results of the studies and determinations made pursuant to this paragraph; and “(6) consider and recommend to both public and private agencies aspects of the operation of the courts of the United States deemed worthy of special study. “(b) The Board shall transmit to Congress and to the Attorney Reports to congressional committees. General of the United States copies of all reports and recommendations submitted to the Judicial Conference of the United States. The Board shall also keep the Committees on the Judiciary of the United States Senate and House of Representatives fully and currently informed with respect to the activities of the Center. “§ 624. Powers of the Board “The Board is authorized— “(1) to appoint and fix the duties of the Director of the Federal Judicial Center, who shall serve at the pleasure of the Board; “(2) to request from any department, agency, or independent instrumentality of the Government any information it deems necessary to the performance of the functions of the Federal Judicial Center set forth in this chapter, and each such department, agency, or instrumentality is directed to cooperate with the Board and, to the extent permitted by law, to furnish such information to the Center upon request of the Chairman or upon request of the Director when the Board has delegated this authority to him; “(3) to contract with and compensate government and private agencies or persons for research projects and other services, without regard to section 3709 of the Revised Statutes, as amended (41 U.S.C. 5), and to delegate such contract authority to the Director of the Federal Judicial Center, who is hereby empowered to exercise such delegated authority. “§ 625. Director and staff “(a) The Director shall supervise the activities of persons employed by the Center and perform other duties assigned to him by the Board. “(b) The Director shall appoint and fix the compensation of such additional professional personnel as the Board may deem necessary, without regard to the provisions of title 5, United States Code, governing appointments in competitive service, or the provisions of chapter 80 Stat. 443–457, 467. 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates: Provided, however, That the compensation of any person appointed under this subsection shall not exceed the annual rate of basic pay of level V of the Executive Schedule 80 Stat. 463. pay rates, section 5316, title 5, United States Code: And provided further, That the salary of a reemployed annuitant under the Civil 70 Stat. 743. 5 USC 8331 et seq. 80 Stat. 581; Ante, p. 217. Service Retirement Act shall be adjusted pursuant to the provisions of section 8344, title 5, United States Code. “(c) The Director shall appoint and fix the compensation of such secretarial and clerical personnel as he may deem necessary, subject to the provisions of title 5, United States Code, governing appointments in competitive service and the provisions of chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates. “(d) The Director may procure personal services as authorized by section 3109 of title 5, United States Code, at rates not to exceed the daily equivalent of the highest rate payable under General Schedule pay rates, section 5332, title 5, United States Code. “(e) The Director is authorized to incur necessary travel and other miscellaneous expenses incident to the operation of the Center. “§ 626. Compensation of the Director “The compensation of the Director of the Federal Judicial Center shall be the same as that of the Director of the Administrative Office of the United States Courts, and his appointment and salary shall not be subject to the provisions of title 5, United States Code, governing appointments in competitive service, or the provisions of chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates: Provided, however, That any Director who is a justice or judge of the United States in active or retired status shall serve without additional compensation. “§ 627. Retirement; employee benefits “(a) A Director of the Federal Judicial Center who attains the age of seventy years shall be retired from that office. “(b) The Director, the professional staff, and the clerical and secretarial employees of the Federal Judicial Center shall be deemed to be officers and employees of the judicial branch of the United States Government within the meaning of subchapter III of chapter 83 (relating to civil service retirement), chapter 87 (relating to Federal employees’ life insurance program), and chapter 89 (relating to Federal employees’ health benefits program) of title 5, United States Code: 80 Stat. 564, 585, 592, 599. Provided, however, That the Director, upon written notice filed with the Director of the Administrative Office of the United States Courts within six months after the date on which he takes office, may waive coverage under subchapter III of chapter 83 of title 5, United States Code (relating to civil service retirement), and elect coverage under the retirement and disability provisions of this section: And provided further, That upon his non-retirement separation from the Federal Judicial Center, such waiver and election shall not operate to foreclose to the Director 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. 80 Stat. 569; Ante, p. 214. “(c) 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 Director of 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 or 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. “(d) 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. “(e) For the purpose of this section, ‘service’ means service, whether “Service.” or not continuous, as Director of the Federal Judicial Center, 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. “§628. Appropriations and accounting “There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this chapter. The Administrative Office of the United States Courts shall provide accounting, disbursing, auditing, and other fiscal services for the Federal Judicial Center. “§629. Organizational provisions “(a) The terms of office of the members first elected to the Board Terms of office. shall commence on the thirtieth day after the first meeting of the Judicial Conference after the date on which this chapter shall take effect. “(b) The members first elected to the Board shall continue in office for terms of one, two, three, three, and four years, respectively, the term of each to be designated by the Judicial Conference of the United States at the time of his election. “(c) Members first elected to the Board who are designated by the Judicial Conference of the United States to serve terms of office of less than four years shall be eligible for reelection to one full term of office.”

2. 1988

   Judicial Improvements and Access to Justice Act

   Pub. L. 100–702 § 1006(a)(2) · 102 Stat. 4642

   Amended · 28 U.S.C. § 627(b)

   Pub. L. 100–702, § 1006(a)(2), amended provisions after “Provided, however,” generally. Prior to amendment, those provisions read as follows: “That the Director, upon written notice filed with the Director of the Administrative Office of the United States Courts within six months after the date on which he takes office, may waive coverage under subchapter III of chapter 83 of title 5, United States Code (relating to civil service retirement), and elect coverage under the retirement and disability provisions of this section: And provided further, That upon his non-retirement separation from the Federal Judicial Center, such waiver and election shall not operate to foreclose to the Director 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. (b). Pub. L. 100–702, § 1006(a)(2), amended provisions after “Provided, however,” generally. Prior to amendment, those provisions read as follows: “That the Director, upon written notice filed with the Director of the Administrative Office of the United States Courts within six months after the date on which he takes office, may waive coverage under subchapter III of chapter 83 of title 5, United States Code (relating to civil service retirement), and elect coverage under the retirement and disability provisions of this section: And provided further, That upon his non-retirement separation from the Federal Judicial Center, such waiver and election shall not operate to foreclose to the Director 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
   (2) Section 627(b) is amended, following the words “Provided, however,”, to read as follows: “That the Director, upon written notice filed with the Director of the Administrative Office of the United States Courts within 6 months after the date on which he takes office, may waive coverage under chapter 83 of title 5, subchapter III (the Civil Service Retire-ment System) or chapter 84 of title 5 (the Federal Employees’ Retirement System), whichever is applicable, and elect coverage under the retirement and disability provisions 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: And provided further, That upon his nonretirement separation from the Federal Judicial Center, waiver of coverage under chapter 83, subchapter III, and election of this section shall not operate to foreclose to the Director 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
   Amendment by section 1004(a) of Pub. L. 100–702 applicable to cost-of-living increases that go into effect on or after Nov. 19, 1988, with respect to any annuity being paid or becoming payable on or after such date, see section 1004(b) of Pub. L. 100–702, set out as a note under section 611 of this title. Amendment by section 1006(a)(2) of Pub. L. 100–702 applicable to persons holding 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 Nov. 19, 1988, see section 1006(b) of Pub. L. 100–702, set out as a note under section 611 of this title.

3. 1988

   Judicial Improvements and Access to Justice Act

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

   Added · 28 U.S.C. § 627(f)

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

   Source evidence

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

   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
   Amendment by section 1004(a) of Pub. L. 100–702 applicable to cost-of-living increases that go into effect on or after Nov. 19, 1988, with respect to any annuity being paid or becoming payable on or after such date, see section 1004(b) of Pub. L. 100–702, set out as a note under section 611 of this title. Amendment by section 1006(a)(2) of Pub. L. 100–702 applicable to persons holding 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 Nov. 19, 1988, see section 1006(b) of Pub. L. 100–702, set out as a note under section 611 of this title.

4. 1996

   Pub. L. 104–317 title VI § 604 · 110 Stat. 3847

   Inserted · 28 U.S.C. § 627(b)

   Pub. L. 104–317, in first sentence, inserted “Deputy Director,” before “the professional staff” and “chapter 84 (relating to the Federal Employees’ Retirement System),” after “(relating to civil service retirement),”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 104–317, in first sentence, inserted “Deputy Director,” before “the professional staff” and “chapter 84 (relating to the Federal Employees’ Retirement System),” after “(relating to civil service retirement),”.

   Enacted provision · exact public law section
   SEC. 604. FEDERAL JUDICIAL CENTER EMPLOYEE RETIREMENT PROVISIONS. Section 627(b) of title 28, United States Code, is amended— (1) in the first sentence by inserting “Deputy Director,” before “the professional staff”; and (2) in the first sentence by inserting “chapter 84 (relating to the Federal Employees’ Retirement System),” after “(relating to civil service retirement),”.

5. 2000

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

   1. Redesignated · 28 U.S.C. § 627(a)

      Pub. L. 106–518, § 312(a), redesignated subsec. (b) as (a)

   2. Struck · 28 U.S.C. § 627(a)

      Pub. L. 106–518, § 312(a), struck out former subsec. (a) which read as follows: “A Director of the Federal Judicial Center who attains the age of seventy years shall be retired from that office.”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 106–518, § 312(a), redesignated subsec. (b) as (a) and struck out former subsec. (a) which read as follows: “A Director of the Federal Judicial Center who attains the age of seventy years shall be retired from that office.”

   Enacted provision · exact public law section
   (a) In General.— Section 627 of title 28, United States Code, is amended— (1) by striking subsection (a); and (2) by redesignating subsections (b) through (f) as subsections (a) through (e), respectively.

6. 2000

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

   Redesignated · 28 U.S.C. § 627(b)

   Pub. L. 106–518, § 312(a)(2), redesignated subsec. (c) as (b). Former subsec. (b) redesignated (a)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 106–518, § 312(a)(2), redesignated subsec. (c) as (b). Former subsec. (b) redesignated (a).

   Enacted provision · exact public law section
   (2) by redesignating subsections (b) through (f) as subsections (a) through (e), respectively.

7. 2000

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

   Redesignated · 28 U.S.C. § 627(c)

   Pub. L. 106–518, § 312(a)(2), redesignated subsec. (d) as (c). Former subsec. (c) redesignated (b)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 106–518, § 312(a)(2), redesignated subsec. (d) as (c). Former subsec. (c) redesignated (b).

   Enacted provision · exact public law section
   (2) by redesignating subsections (b) through (f) as subsections (a) through (e), respectively.

8. 2000

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

   1. Substituted · 28 U.S.C. § 627(c)

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

   2. Substituted · 28 U.S.C. § 627(c)

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

   Target inherited from the preceding amendment note.

   Source evidence

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

   Enacted provision · exact public law section
   (2) in subsection (c)— (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

9. 2000

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

   Redesignated · 28 U.S.C. § 627(d)

   Pub. L. 106–518, § 312(a)(2), redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 106–518, § 312(a)(2), redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c).

   Enacted provision · exact public law section
   (2) by redesignating subsections (b) through (f) as subsections (a) through (e), respectively.

10. 2000

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

    1. Substituted · 28 U.S.C. § 627(d)

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

    2. Substituted · 28 U.S.C. § 627(d)

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

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 106–518, § 301(b)(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 (d)— (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,”.

11. 2000

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

    Redesignated · 28 U.S.C. § 627(e)

    Pub. L. 106–518, § 312(a)(2), redesignated subsec. (f) as (e). Former subsec. (e) redesignated (d)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 106–518, § 312(a)(2), redesignated subsec. (f) as (e). Former subsec. (e) redesignated (d).

    Enacted provision · exact public law section
    (2) by redesignating subsections (b) through (f) as subsections (a) through (e), respectively.

12. 2000

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

    Inserted · 28 U.S.C. § 627(e)

    Pub. L. 106–518, § 301(b)(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,”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 106–518, § 301(b)(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 (e), 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,”;

13. 2000

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

    Redesignated · 28 U.S.C. § 627(f)

    Pub. L. 106–518, § 312(a)(2), redesignated subsec. (f) as (e)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 106–518, § 312(a)(2), redesignated subsec. (f) as (e).

    Enacted provision · exact public law section
    (2) by redesignating subsections (b) through (f) as subsections (a) through (e), respectively.

16 of 16 references resolved to an enrolled provision