§ 376. — Annuities for survivors of certain judicial officials of the United States.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC376]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART I--ORGANIZATION OF COURTS
CHAPTER 17--RESIGNATION AND RETIREMENT OF JUSTICES AND JUDGES
Sec. 376. Annuities for survivors of certain judicial officials
of the United States
(a) For the purposes of this section--
(1) ``judicial official'' means:
(A) a Justice or judge of the United States, as defined by
section 451 of this title;
(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;
(C) a Director of the Administrative Office of the United
States Courts, after he or she has filed a waiver under
subsection (a) of section 611 of this title;
(D) a Director of the Federal Judicial Center, after he or
she has filed a waiver under subsection (a) of section 627 of
this title;
(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 (a) of
section 611 of this title;
(F) a full-time bankruptcy judge or a full-time United
States magistrate judge; or
(G) a judge of the United States Court of Federal Claims;
who notifies the Director of the Administrative Office of the 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, (iii) January 1, 1977, (iv) October 1, 1986, (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 judge in
active service on that date, (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 Court of Federal Claims in active
service on that date, or (vii) the date of the enactment of the
Federal Courts Administration Act of 1992;
(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
(ii) after retirement from office by resignation on salary under
subsection (a) of section 371 of this title;
(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;
(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 (b) or (c) of section
627 of this title;
(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 (a) of section
611 of this title;
(F) in the case of a bankruptcy judge or United States
magistrate judge, an annuity paid under section 377 of this
title; and
(G) in the case of a judge of the United States Court of
Federal Claims, an annuity paid under section 178 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 paragraph (5)(B) of this subsection, before the
termination of that annuity;
(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; and
(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.
(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.
(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.
(3) The amounts deducted and withheld from the salary of each
judicial official under paragraphs (1) and (2) of this subsection 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 (and any deductions made under section 178
or 377 of this title or under subchapter III of chapter 83, or chapter
84, of title 5) 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 (and
under section 178 or 377 of this title or under subchapter III of
chapter 83, or chapter 84, of title 5).
(c)(1) There shall also be deposited to the credit of the Judicial
Survivors' Annuities Fund, in accordance with such procedures as the
Comptroller General of the United States may prescribe, amounts required
to reduce to zero the unfunded liability of the Judicial Survivors'
Annuities Fund: Provided, That such amounts shall not exceed the
equivalent of 9 percent of salary or retirement salary. Such deposits
shall, subject to appropriations Acts, 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.
(2) For purposes of paragraph (1), the term ``unfunded liability''
means the estimated excess, determined on an annual basis in accordance
with the provisions of section 9503 of title 31, United States Code, of
the present value of all benefits payable from the Judicial Survivors'
Annuities Fund, over the sum of--
(A) the present value of deductions to be withheld from the
future basic pay of judicial officials; plus
(B) the balance in the Fund as of the date the unfunded
liability is determined.
In making any determination under this paragraph, the Comptroller
General shall use the applicable information contained in the reports
filed pursuant to section 9503 of title 31, United States Code, with
respect to the judicial survivors' annuities plan established by this
section.
(3) There are authorized to be appropriated such sums as may be
necessary to carry out this subsection.
(d) Each judicial official shall deposit, 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 credit of the ``Judicial
Survivors' Annuities Fund'':
(1) a sum equal to 3.5 percent of that salary, including
``retirement salary'', which he or she has 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 3.5 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) of 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, during 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 amount 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 required 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 in 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 are
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 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.
(h) Annuities payable under this section shall be paid only in
accordance with the following provisions:
(1) In any case in which a judicial official dies while in
office, while receiving retirement salary, or after filing an
election and otherwise complying with the conditions under
subsection (b)(2) of this section (A) 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
subsection (b) of this section or, in lieu thereof, the deposits
required by subsection (d) of this section have actually been made,
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--
(i) 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 (l) of this section; or
(ii) 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 (l) of this section, and there shall also be paid to
or on behalf of each such child an immediate annuity equal to:
(I) 10 percent of the average annual salary determined
under subsection (l)(1) of this section; or
(II) 20 percent of such average annual salary, divided
by the number of children;
whichever is smallest; or
(iii) 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
clause (i) of this paragraph, had such widow or widower
survived the judicial official, divided by the number of
children; or
(II) 20 percent of the average annual salary determined
under subsection (l)(1) of this section; or
(III) 40 percent of such average annual salary amount,
divided by the number of children;
whichever is smallest.
(2) An annuity payable to a widow or widower under clause (i) or
(ii) of paragraph (1) of this subsection shall be terminated upon
his or her death or remarriage before attaining age 55.
(3) An annuity payable to a child under this subsection shall
terminate:
(A) if such child is receiving an annuity based upon his or
her status under paragraph (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 paragraph (5)(B) of subsection (a) of this
section, either (i) 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 paragraph (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 paragraph (5)(C) of subsection (a) of this
section;
(C) if such child is receiving an annuity based upon his or
her status under paragraph (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 paragraph
(1)(ii) of this subsection shall be recomputed and paid as provided
in paragraph (1)(iii) of this subsection upon the death, but not
upon the remarriage, of the widow or widower who is receiving an
annuity under paragraph (1)(ii) 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 shall be recomputed and paid as though
the child whose annuity has been terminated had not survived that
judicial official.
(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.
(i)(1) All questions of dependency and disability arising under this
section shall be determined by the Director of the Administrative Office
of the United States Courts, subject to review only by the Judicial
Conference of the United States, and the 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.
(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.
(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 (l) 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
section 371 or subsection (a) of section 372 of 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;
(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,\1\ and
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\1\ So in original. Comma probably should be a semicolon.
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(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.
For the purposes of this subsection the term ``years'' shall mean full
years and twelfth parts thereof, excluding from the aggregate any
fractional part of a month which numbers less than fifteen full days and
including, 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) 1.5 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, or
during those three years while receiving a retirement salary, in
which his or her annual salary or retirement salary was greatest, or
(ii) if such judicial official has so served less than three years,
then during the total period of such service prior to his or her
death, multiplied by the total of:
(A) the number of years 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 during which the judicial official
had deductions withheld from his or her retirement salary under
subsection (b)(1) or (2) of this section; plus
(E) 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;
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, and by the amount
of any annuity payable to a former spouse under subsection (t).
(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.
(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, except as provided in
subsections (s) and (t), or subject to execution, levy, attachment,
garnishment, or other legal process.
(o)(1) In any case in which a judicial official dies while in
office, while receiving retirement salary, or after filing an election
and otherwise complying with the conditions under subsection (b)(2) of
this section, and;
(A) subject to paragraph (2) of this subsection, 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
(B) 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) or (t) of this section; or
(C) the rights of all persons entitled to receive the annuity
benefits provided by subsection (h) or (t) 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 official's 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 the 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 is
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.
(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.
(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 of 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.
(s) A judicial official who has a former spouse may elect, under
procedures prescribed by the Director of the Administrative Office of
the United States Courts, to provide a survivor annuity for such former
spouse under subsection (t). An election under this subsection shall be
made at the time of retirement, or, if later, within 2 years after the
date on which the marriage of the former spouse to the judicial official
is dissolved. An election under this subsection--
(1) shall not be effective to the extent that it--
(A) conflicts with--
(i) any court order or decree referred to in subsection
(t)(1), which was issued before the date of such election,
or
(ii) any agreement referred to in such subsection which
was entered into before such date; or
(B) would cause the total of survivor annuities payable
under subsections (h) and (t) based on the service of the
judicial official to exceed 55 percent of the average annual
salary (as such term is used in subsection (l)) of such
official; and
(2) shall not be effective, in the case of a judicial official
who is then married, unless it is made with the spouse's written
consent.
The Director of the Administrative Office of the United States Courts
shall provide by regulation that paragraph (2) of this subsection may be
waived if the judicial official establishes to the satisfaction of the
Director that the spouse's whereabouts cannot be determined, or that,
due to exceptional circumstances, requiring the judicial official to
seek the spouse's consent would otherwise be inappropriate.
(t)(1) Subject to paragraphs (2) through (4) of this subsection, a
former spouse of a deceased judicial official is entitled to a survivor
annuity under this section if and to the extent expressly provided for
in an election under subsection (s), or in the terms of any decree of
divorce or annulment or any court order or court-approved property
settlement agreement incident to such decree.
(2) The annuity payable to a former spouse under this subsection may
not exceed the difference between--
(A) the maximum amount that would be payable as an annuity to a
widow or widower under subsection (l), determined without taking
into account any reduction of such annuity caused by payment of an
annuity to a former spouse; and
(B) the amount of any annuity payable under this subsection to
any other former spouse of the judicial official, based on an
election previously made under subsection (s), or a court order
previously issued.
(3) The commencement and termination of an annuity payable under
this subsection shall be governed by the terms of the applicable order,
decree, agreement, or election, as the case may be, except that any such
annuity--
(A) shall not commence before--
(i) the day after the judicial official dies, or
(ii) the first day of the second month beginning after the
date on which the Director of the Administrative Office of the
United States Courts receives written notice of the order,
decree, agreement, or election, as the case may be, together
with such additional information or documentation as the
Director may prescribe,
whichever is later, and
(B) shall terminate no later than the last day of the month
before the former spouse remarries before becoming 55 years of age
or dies.
(4) For purposes of this section, a modification in a decree, order,
agreement, or election referred to in paragraph (1) of this subsection
shall not be effective--
(A) if such modification is made after the retirement of the
judicial official concerned, and
(B) to the extent that such modification involves an annuity
under this subsection.
(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.
(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.
(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 achieve that 50 percent
figure. The Comptroller General shall report the results of each
determination under this subsection to the Congress.
(Added Aug. 3, 1956, ch. 944, Sec. 2, 70 Stat. 1021; amended Pub. L. 85-
508, Sec. 12(n), July 7, 1958, 72 Stat. 348; Pub. L. 90-219, title II,
Sec. 202, Dec. 20, 1967, 81 Stat. 668; Pub. L. 90-466, Sec. 1(a), Aug.
8, 1968, 82 Stat. 662; Pub. L. 92-397, Secs. 2, 3(c), Aug. 22, 1972, 86
Stat. 579, 580; Pub. L. 94-554, Sec. 2, Oct. 19, 1976, 90 Stat. 2603;
Pub. L. 95-598, title II, Sec. 211, Nov. 6, 1978, 92 Stat. 2661; Pub. L.
99-336, Sec. 2(a), (d)(1)-(3), (e), June 19, 1986, 100 Stat. 633, 635-
637; Pub. L. 99-396, Sec. 21(b), Aug. 27, 1986, 100 Stat. 846; Pub. L.
100-659, Sec. 3(a), Nov. 15, 1988, 102 Stat. 3917; Pub. L. 100-702,
title X, Sec. 1017(a), Nov. 19, 1988, 102 Stat. 4670; Pub. L. 101-650,
title III, Secs. 306(b), 321, 322(a)-(f), (g)[(h)], Dec. 1, 1990, 104
Stat. 5109, 5117-5120; Pub. L. 102-572, title II, Sec. 201(a)-(i), title
IX, Sec. 902(b), Oct. 29, 1992, 106 Stat. 4508-4510, 4516; Pub. L. 104-
317, title III, Secs. 302, 308, Oct. 19, 1996, 110 Stat. 3851, 3853;
Pub. L. 106-518, title III, Sec. 312(b), Nov. 13, 2000, 114 Stat. 2421.)
References in Text
The date of the enactment of the Retirement and Survivors' Annuities
for Bankruptcy Judges and Magistrates Act of 1988, referred to in
subsec. (a)(1)(v), is the date of the enactment of Pub. L. 100-659,
which was approved Nov. 15, 1988.
The date of the enactment of the Federal Courts Study Committee
Implementation Act of 1990, referred to in subsec. (a)(1)(vi), is the
date of enactment of Pub. L. 101-650, which was approved Dec. 1, 1990.
The date of the enactment of the Federal Courts Administration Act
of 1992, referred to in subsec. (a)(1)(vii), is the date of enactment of
Pub. L. 102-572, which was approved Oct. 29, 1992.
Section 3 of the Judicial Survivors' Annuities Reform Act, referred
to in subsec. (b)(3), is section 3 of Pub. L. 94-554, which is set out
as a note below.
Amendments
2000--Subsec. (a)(1)(D). Pub. L. 106-518, Sec. 312(b)(1),
substituted ``subsection (a)'' for ``subsection (b)''.
Subsec. (a)(2)(D). Pub. L. 106-518, Sec. 312(b)(2), substituted
``subsection (b) or (c)'' for ``subsection (c) or (d)''.
1996--Subsec. (b)(1). Pub. L. 104-317, Sec. 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.''
Subsec. (o)(1). Pub. L. 104-317, Sec. 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.
1992--Subsec. (a)(1). Pub. L. 102-572, Secs. 201(a), 902(b)(2), in
concluding provisions substituted ``Court of Federal Claims'' for
``Claims Court'' in cl. (vi) and added cl. (vii).
Subsec. (a)(1)(G), (2)(G). Pub. L. 102-572, Sec. 902(b)(1),
substituted ``United States Court of Federal Claims'' for ``United
States Claims Court''.
Subsec. (b). Pub. L. 102-572, Sec. 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''.
Subsec. (d)(1), (2). Pub. L. 102-572, Sec. 201(c), substituted ``3.5
percent'' for ``5 percent''.
Subsec. (g). Pub. L. 102-572, Sec. 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.''
Subsec. (h)(1). Pub. L. 102-572, Sec. 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,' ''.
Subsec. (k)(5). Pub. L. 102-572, Sec. 201(f), added par. (5).
Subsec. (l)(1). Pub. L. 102-572, Sec. 201(g), substituted ``, or
during those three years while receiving a retirement salary, in which
his or her annual salary or retirement salary'' for ``in which his or
her annual salary'' in cl. (i) of introductory provisions, added subpar.
(D), and redesignated former subpar. (D) as (E).
Subsec. (v). Pub. L. 102-572, Sec. 201(h), added subsec. (v).
Subsec. (w). Pub. L. 102-572, Sec. 201(i), added subsec. (w).
1990--Subsec. (a)(1). Pub. L. 101-650, Sec. 306(b)(1), added subpar.
(G) and cl. (vi) before semicolon at end.
Subsec. (a)(2)(G). Pub. L. 101-650, Sec. 306(b)(2), added subpar.
(G).
Subsec. (a)(5)(C). Pub. L. 101-650, Sec. 322(g)(2), substituted
``paragraph'' for ``subparagraph''.
Subsec. (a)(7). Pub. L. 101-650, Sec. 322(b), added par. (7).
Subsec. (b). Pub. L. 101-650, Sec. 306(b)(3), substituted ``section
178 or 377'' for ``section 377'' in two places.
Subsec. (h)(1). Pub. L. 101-650, Sec. 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''.
Subsec. (h)(2). Pub. L. 101-650, Sec. 322(g)(1)(A), substituted
``clause (i) or (ii) of paragraph (1)'' for ``subparagraphs (1)(A) or
(1)(B)''.
Subsec. (h)(3). Pub. L. 101-650, Sec. 322(g)(1)(B), substituted
``paragraph'' for ``subparagraph'' wherever appearing.
Subsec. (h)(4). Pub. L. 101-650, Sec. 322(g)(1)(C), substituted
``paragraph (1)(ii)'' for ``subparagraph (1)(B)'' in two places and
``paragraph (1)(iii)'' for ``subparagraph (1)(C)''.
Subsec. (h)(6). Pub. L. 101-650, Sec. 322(a)(5), added par. (6).
Subsec. (i). Pub. L. 101-650, Sec. 322(c), designated existing
provisions as par. (1) and added par. (2).
Subsec. (l)(1)(ii). Pub. L. 101-650, Sec. 322(d), struck out ``but
more than eighteen months,'' after ``less than three years,''.
Subsec. (o). Pub. L. 101-650, Sec. 322(e), inserted ``(1)'' after
``(o)'', redesignated former pars. (1) to (3) as subpars. (A) to (C),
respectively, inserted ``subject to paragraph (2) of this subsection,''
before ``before having completed'' in subpar. (A), and added par. (2).
Subsec. (u). Pub. L. 101-650, Sec. 322(f), added subsec. (u).
1988--Subsec. (a)(1). Pub. L. 100-659, Sec. 3(a)(1), added subpar.
(F) and substituted ``, (iv) October 1, 1986, or (v) the date of the
enactment of the Retirement and Survivors' Annuities for Bankruptcy
Judges and Magistrates Act of 1988, in the case of a full-time
bankruptcy judge or United States magistrate in active service on that
date;'' for ``; or (iv) October 1, 1986;'' in concluding provisions.
Subsec. (a)(2)(F). Pub. L. 100-659, Sec. 3(a)(2), added subpar. (F).
Subsec. (b). Pub. L. 100-659, Sec. 3(a)(3), inserted ``(and any
deductions made under section 377 of this title or under subchapter III
of chapter 83, or chapter 84, of title 5)'' after ``deductions'' and
``(and under section 377 of this title or under subchapter III of
chapter 83, or chapter 84, of title 5)'' before period at end of last
sentence.
Subsec. (m). 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.''
1986--Subsec. (a)(1). Pub. L. 99-336, Sec. 2(a)(1), substituted
``she marries, (iii) January 1, 1977; or (iv) October 1, 1986'' for
``she marries, or (iii) the date upon which the Judicial Survivors'
Annuities Reform Act becomes effective'' in concluding provision.
Subsec. (a)(1)(B). Pub. L. 99-396, Sec. 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;''.
Subsec. (a)(2)(B). Pub. L. 99-396, Sec. 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;''.
Subsec. (a)(6). Pub. L. 99-336, Sec. 2(d)(1), added par. (6).
Subsec. (b). Pub. L. 99-336, Sec. 2(a)(2), substituted ``5 percent''
for ``4.5 percent''.
Subsec. (c). Pub. L. 99-336, Sec. 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).
Subsec. (d). Pub. L. 99-336, Sec. 2(a)(2), substituted ``5 percent''
for ``4.5 percent'' in pars. (1) and (2).
Subsec. (h)(1)(B). Pub. L. 99-336, Sec. 2(a)(4)(A), substituted ``10
percent of the average annual salary determined under subsection (l)(1)
of this section'' for ``$1,548'' in cl. (i) and ``20 percent of such
average annual salary'' for ``$4,644'' in cl. (ii).
Subsec. (h)(1)(C). Pub. L. 99-336, Sec. 2(a)(4)(B), substituted ``20
percent of the average annual salary determined under subsection (l)(1)
of this section'' for ``$1,860'' in cl. (ii) and ``40 percent of such
average annual salary amount'' for ``$5,580'' in cl. (iii).
Subsec. (h)(2). Pub. L. 99-336, Sec. 2(a)(4)(C), inserted ``before
attaining age 55'' after ``or remarriage''.
Subsec. (k)(1). Pub. L. 99-336, Sec. 2(e), struck out ``under
subsection (b) of'' before ``section 371''.
Subsec. (l). Pub. L. 99-336, Sec. 2(a)(5)(C), (d)(3)(A), substituted
provisions which set annuity limit not to exceed 50 percent of, nor be
less than 25 percent of, average annual salary, for provisions which set
annuity limit not to exceed 40 percent of average annual salary, and
inserted provision that annuity determined in accordance with provisions
of subsec. (l) be reduced by the amount of any annuity payable to a
former spouse under subsection (t).
Subsec. (l)(1). Pub. L. 99-336, Sec. 2(a)(5)(A), substituted ``1.5
percent'' for ``1\1/4\ percent''.
Subsec. (l)(2). Pub. L. 99-336, Sec. 2(a)(5)(B), substituted ``of
this subsection;'' for ``of this subsection:''.
Subsec. (n). Pub. L. 99-336, Sec. 2(d)(3)(B), inserted ``except as
provided in subsections (s) and (t),'' after ``in equity,'' in last
sentence.
Subsec. (o)(2), (3). Pub. L. 99-336, Sec. 2(d)(3)(C), inserted ``or
(t)'' after ``subsection (h)''.
Subsecs. (s), (t). Pub. L. 99-336, Sec. 2(d)(2), added subsecs. (s)
and (t).
1978--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.
1976--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.
1972--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.
1968--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.
1967--Subsecs. (r), (s). Pub. L. 90-219 added subsecs. (r) and (s).
1958--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.
Change of Name
Words ``magistrate judge'' and ``United States magistrate judge''
substituted for ``magistrate'' and ``United States magistrate'',
respectively, wherever appearing in subsec. (a) pursuant to section 321
of Pub. L. 101-650, set out as a note under section 631 of this title.
Effective Date of 1992 Amendment
Section 202 of title II of Pub. L. 102-572 provided that: ``This
title [amending this section and enacting provisions set out below] and
the amendments made by this title shall take effect on the date of the
enactment of this Act [Oct. 29, 1992].''
Amendment by section 902(b) of Pub. L. 102-572 effective Oct. 29,
1992, see section 911 of Pub. L. 102-572, set out as a note under
section 171 of this title.
Effective Date of 1990 Amendment; Transition Provisions
Amendment by section 306(b) of Pub. L. 101-650 applicable to judges
of, and senior judges in active service with, the United States Court of
Federal Claims on or after Dec. 1, 1990, see section 306(f) of Pub. L.
101-650, as amended, set out as a note under section 8331 of Title 5,
Government Organization and Employees.
Section 322(g) of Pub. L. 101-650 provided that:
``(1) Effective date.--Subject to paragraph (2), the amendments made
by this Act [probably should be ``section'', which amended this section]
shall apply to all judicial officials assassinated on or after May 28,
1979.
``(2) Rules for retroactive application.--(A) In the case of a
judicial official who was assassinated on or after May 28, 1979, and
before the date of the enactment of this Act [Dec. 1, 1990], if the
salary deductions provided by subsection (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 [had] been made for 18 months
before the judicial official's death, plus interest as described in
subparagraph (A).
``(C) Subject to subparagraphs (A) and (B), the survivor or
survivors of a judicial official to whom this paragraph applies shall be
entitled to the payment of annuities they would have received under
section 376 of title 28, United States Code, for the period beginning on
the date such judicial official was assassinated and ending the date of
the enactment of this Act. The Secretary of the Treasury shall pay into
the Judicial Survivors' Annuities fund, out of any money in the Treasury
not otherwise appropriated, the amount of the annuities to which the
survivor or survivors are entitled under this subparagraph.
``(3) Definition.--For purposes of this subsection, the term--
``(A) `assassinated' has the meaning given that term in section
376(a)(7) of title 28, United States Code, as added by this section;
and
``(B) `judicial official' has the meaning given that term in
section 376(a)(1)(A) and (B) of title 28, United States Code.''
Effective Date of 1988 Amendments
Section 1017(c) of title X of Pub. L. 100-702 provided that: ``The
amendment made by subsection (a) [amending this section] shall apply
with respect to increases in annuities which are made under section
8340(b) of title 5, United States Code, on or after the date of
enactment of this title [Nov. 19, 1988].''
Amendment by Pub. L. 100-659 effective Nov. 15, 1988, and applicable
to bankruptcy judges and magistrate judges who retire on or after Nov.
15, 1988, with exception for judges and magistrate judges retiring on or
after July 31, 1987, see section 9 of Pub. L. 100-659, as amended, set
out as an Effective Date note under section 377 of this title.
Effective Date of 1986 Amendments
Amendment by Pub. L. 99-396 not to affect the amount payable to a
judge who retired in accordance with the provisions of section 373 of
this title in effect on the day before Aug. 27, 1986, see section 21(c)
of Pub. L. 99-396, set out as a note under section 373 of this title.
Section 2(f) of Pub. L. 99-336 provided that: ``This section
[amending this section and enacting provisions set out below] shall take
effect on October 1, 1986.''
Effective Date of 1976 Amendment
Section 8 of Pub. L. 94-554 provided: ``That this Act [amending this
section and enacting provisions set out below] shall become effective on
the first day of the third month following the month in which it is
enacted [Jan. 1, 1977], or on October 1, 1976, whichever occurs last.''
Effective Date of 1958 Amendment
Amendment by Pub. L. 85-508 effective Jan. 3, 1959, on admission of
Alaska into the Union pursuant to Proc. No. 3269, Jan. 5, 1959, 24 F.R.
81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85-508,
see notes set out under section 81A of this title and preceding section
21 of Title 48, Territories and Insular Possessions.
Retroactive Effect of 1967 Amendment
The provisions of section 611(a) of this title, the first paragraph
of section 611(b) of this title, and subsec. (s) of this section, as
added by Pub. L. 90-219, applicable to a Director or former Director of
the Administrative Office of the United States Courts who was first
appointed prior to Dec. 20, 1967 if at the time such Director or former
Director left or leaves such office he had, or shall have, attained the
age of sixty-five years and completed fifteen years of service as
Director of the Administrative Office of the United States Courts and
if, on or before the expiration of six months following Dec. 20, 1967,
he makes the election referred to in section 611(a) of this title or
subsec. (s) of this section, or both, as the case may be, see section
205(b) of Pub. L. 90-219, set out as a Retroactive Effect note under
section 611 of this title.
Savings Provision
Section 6 of Pub. L. 94-554 provided: ``That the benefits conferred
by this Act shall, on the date upon which this Act becomes effective
[Jan. 1, 1977], immediately become available to any individual then
receiving an annuity under section 2 of the Act of August 3, 1956 (70
Stat. 1021) [enacting this section], as amended: Provided, That although
the rights of any judicial official electing to come within the purview
of section 376 of title 28, United States Code, on or after the date
upon which this Act becomes effective, shall be determined exclusively
under the provisions of that section as amended by this Act, nothing in
this Act shall be interpreted to cancel, abrogate, or diminish any
rights to which an individual or his or her survivors may be entitled by
virtue of that individuals having contributed to the judicial survivors
annuity fund established by section 2 of the Act of August 3, 1956 (70
Stat. 1021) as amended, before the date upon which this Act becomes
effective.''
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the
Coast Guard, including the authorities and functions of the Secretary of
Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections 468(b), 551(d),
552(d), and 557 of Title 6, Domestic Security, and the Department of
Homeland Security Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.
Credit for Contributions Prior to 1992 Amendment at Higher Rate
Section 201(j) of title II of Pub. L. 102-572 provided that:
``Notwithstanding any other provision of law, the contribution under
section 376(b)(1) or (2) of title 28, United States Code (as amended by
this section), of any judicial official who is within the purview of
such section 376 on the effective date of this title [Oct. 29, 1992]
shall be reduced by 0.5 percent for a period of time equal to the number
of years of service for which the judicial official has made
contributions or deposits before the enactment of this Act [Oct. 29,
1992] to the credit of the Judicial Survivors' Annuities Fund or for 18
months, whichever is less, if such contributions or deposits were never
returned to the judicial official. For purposes of this subsection, the
term `years' shall mean full years and twelfth parts thereof.''
Redeposit of Contributions Prior to 1992 Amendment
Section 201(k) of Pub. L. 102-572 provided that: ``Any judicial
official as defined in section 376(a)(1) of title 28, United States
Code, who makes an election under section 376(b) of title 28, United
States Code, may make a redeposit, as required by section 7 of Public
Law 94-554 [set out below] and section 2(c)(2) of Public Law 99-336 [set
out below], to the credit of the Judicial Survivors' Annuities Fund in
installments, in such amounts and under such conditions as may be
determined in each instance by the Director of the Administrative Office
of the United States Courts. If a judicial official elects to make a
redeposit in installments--
``(1) the Director shall require that the first installment
payment made shall be in an amount no smaller than the last 18
months of salary deductions or deposits previously returned to that
judicial official in a lump-sum payment; and
``(2) the election under section 376(b) of title 28, United
States Code, shall be effective upon payment of the first such
installment.''
Audit by General Accounting Office
Section 201(l) of Pub. L. 102-572 provided that: ``The Comptroller
General shall--
``(1) conduct an audit of the judicial survivors['] annuities
program under section 376 of title 28, United States Code, for the
3-year period beginning on the date of the enactment of this Act
[Oct. 29, 1992]; and
``(2) report to the Congress, not later than 60 days after the
end of that 3-year period, on the results of such audit, comparing
such program to other survivors['] annuities programs within the
Federal Government.''
Increase for Existing Annuitants
Section 1017(b) of title X of Pub. L. 100-702 provided that: ``Each
annuity payable from the Judicial Survivors' Annuities Fund under
section 376 of title 28, United States Code, on the date of the
enactment of this title [Nov. 19, 1988] shall be increased by 10
percent, effective on such date of enactment.''
Survivors' Annuities for Incumbents
Section 3(b) of Pub. L. 100-659, as amended by Pub. L. 101-650,
title III, Sec. 321, Dec. 1, 1990, 104 Stat. 517, provided that: ``In
the case of a bankruptcy judge or magistrate judge who elects an annuity
under section 2(c) [28 U.S.C. 377 note], only service for which an
annuity under subsection (b) or (c) and subsection (g) of section 377 of
title 28, United States Code, as added by section 2 of this Act, is
calculated under section 2(c) may be used in the computation of an
annuity under section 376 of title 28, United States Code, as amended by
subsection (a) of this section.''
Covered Beneficiaries Under Pub. L. 99-336
Section 2(b) of Pub. L. 99-336 provided that: ``The benefits
conferred by section 376 of title 28, United States Code, by reason of
the amendments made by this section shall apply only to individuals who
become eligible for annuities under such section on or after the
effective date of this section [Oct. 1, 1986], except that--
``(1) such annuities shall be computed in accordance with the
provisions of section 376 of title 28, United States Code, as
amended by this section, notwithstanding contributions or deposits
made in accordance with applicable law at lower rates; and
``(2) no additional liability shall be created with respect to
deposits made in accordance with applicable law before the effective
date of this section, or after such effective date pursuant to an
agreement entered into before such effective date.''
Revocation of Election; Eligibility Subsequent to Revocation
Section 2(c) of Pub. L. 99-336 provided that:
``(1) Within 180 days after the effective date of this section [Oct.
1, 1986], any judicial official who, before such effective date, made an
election under section 376 of title 28, United States Code, to come
within the purview of that section, shall be entitled to revoke that
election. Such revocation shall constitute a complete withdrawal from
the judicial survivors' annuities program provided for in such section
376. No such revocation shall be effective unless it is submitted in
writing to the Director of the Administrative Office of the United
States Courts, and until such writing is received by the Director. Upon
receipt by the Director of such writing, any rights to survivorship
benefits for the survivors of such judicial official shall terminate,
and all amounts credited to the individual account of such judicial
official under section 376(e), together with interest at 3 percent per
annum, compounded on December 31 of each year to such date of
revocation, shall be returned to that judicial official in a lump-sum
payment.
``(2) Any judicial official who makes a revocation under paragraph
(1) of this subsection and who thereafter becomes eligible to make an
election under section 376(b) of title 28, United States Code, may make
such election only if such judicial official redeposits, to the credit
of the Judicial Survivors' Annuities Fund, the full amount of the lump-
sum payment made to such judicial official under paragraph (1) of this
subsection, together with interest at 3 percent per annum, compounded on
December 31 of each year from the date of such revocation until the date
upon which that amount is so redeposited.
``(3) Any judicial official who fails to revoke an election in
accordance with paragraph (1) of this subsection shall be deemed to have
irrevocably waived the right to make that revocation.''
Payment of Retirement Salary Pursuant to Court Decree of Divorce, Etc.
Section 2(d)(4) of Pub. L. 99-336 provided that: ``Payments of
retirement salary as defined in section 376(a)(2) of title 28, United
States Code, which would otherwise be made to the judicial official upon
whose service the retirement salary is based, shall be paid (in whole or
in part) to another person if and to the extent expressly provided for
in the terms of any court decree of divorce, annulment, or legal
separation, or the terms of any court order or court-approved property
settlement agreement incident to any court decree of divorce, annulment,
or legal separation. Any payment under this paragraph to a person bars
recovery by any other person. This paragraph shall apply only to
payments made after the date of receipt by the Director of the
Administrative Office of [the] United States Courts of written notice of
such decree, order, or agreement, and such additional information and
documentation as the Director may prescribe. As used in this paragraph,
`court' means any court of any State or the District of Columbia.''
Annuity Payment to Surviving Spouses of Judges Who Died Before October
19, 1976
Pub. L. 96-504, Sec. 3, Dec. 5, 1980, 94 Stat. 2741, provided that:
``(a) As of the first pay period beginning after the effective date
of this Act [Dec. 5, 1980], a surviving spouse, other than a surviving
spouse who has remarried, of any Justice of the United States (as
defined by section 451 of title 28, United States Code), who died before
October 19, 1976, shall be paid an annuity in accordance with the
provisions of section 376 of title 28, United States Code, at a rate of
$20,000 per year as if such Justice had elected to come within the
provisions of, and having made the full deposit required by, section
376(d) of title 28, United States Code.
``(b) Notwithstanding the provisions of section 376(h) of title 28,
United States Code, such annuity shall be payable as provided in section
376(m) of title 28, United States Code, until the date of the death of
any such spouse.''
Judicial Survivors' Annuity Fund; Authorization of Appropriations
Pub. L. 96-504, Sec. 4, Dec. 5, 1980, 94 Stat. 2742, required the
Secretary of the Treasury in consultation with the Director of the
Administrative Office of the United States Courts to determine as of
Dec. 5, 1980, and deposit as soon as possible thereafter, the amount
necessary to offset any actuarial deficiency in the Judicial Survivors
Annuities Fund.
Judicial Survivors' Annuities Fund
Section 3 of Pub. L. 94-554 provided: ``That on the date upon which
this Act becomes effective [Jan. 1, 1977] there shall be established on
the books of the Treasury a fund which shall be known as `The Judicial
Survivors' Annuities Fund, and all money credited to the judicial
survivors annuity fund established by section 2 of the Act of August 3,
1956 (70 Stat. 1021) [enacting this section], as amended, shall be
transferred to the credit of the Judicial Survivors' Annuities Fund
established by this section.''
Compensation for Actuarial Deficiency in the Annuities Fund
Section 4 of Pub. L. 94-554 provided: ``That on the date upon which
this Act becomes effective [Jan. 1, 1977] the Secretary of the Treasury
shall ascertain from the Director of the Administrative Office of the
United States Courts the amount of the actuarial deficiency in the fund
transferred by section 3 of this Act [see Judicial Survivors' Annuities
Fund note above] on the date of that fund's transfer and, at the
earliest time thereafter at which appropriated funds in that amount
shall become available, the Secretary shall deposit such funds, in a
single payment, into the Judicial Survivors' Annuities Fund established
by section 3 of this Act. Such funds as are necessary to carry out this
section are hereby authorized to be appropriated.''
Increases in Widows' Annuities Paid Under Section 2 of Act August 3,
1956
Section 5 of Pub. L. 94-554 provided: ``That on the date upon which
this Act becomes effective [Jan. 1, 1977] each annuity then being paid
to a widow from the judicial survivors annuity fund established by
section 2 of the Act of August 3, 1956 (70 Stat. 1021) [enacting this
section], as amended, shall be increased by an amount equal to one-fifth
of 1 percent of the amount of such annuity multiplied by the number of
months which have passed since the commencement of that annuity. For the
purposes of this section, any fractional part of a month which numbers
less than fifteen full days shall be excluded from the Computation of
the number of months and any fractional part of a month which numbers
fifteen full days or more shall be included in the computation as one
full month. Such funds as are necessary to carry out this section are
authorized to be appropriated and, upon appropriation, shall be
deposited by the Secretary of the Treasury, in a single payment, to
credit of the Judicial Survivors' Annuities Fund established by section
3 of this Act [see Judicial Survivors' Annuities Fund note above].''
Revocation of Election To Participate in Annuities Program
Section 7 of Pub. L. 94-554 provided: ``That, at any time within one
hundred and eighty days after the date upon which this Act becomes
effective [Jan. 1, 1977], any judicial official who has, prior to that
date, already participated in the judicial survivors annuity program
created by the Act of August 3, 1956 (70 Stat. 1021) [enacting this
section] as amended, shall be entitled to revoke his or her earlier
election to participate in that program and thereby completely withdraw
from participation in the judicial survivors' annuities program created
by this Act: Provided, That (a) any such revocation may be effected only
by means of a writing filed with the Director of the Administrative
Office of the United States Courts, (b) any such writing shall be deemed
to have become effective no sooner than the date upon which that writing
is received by the Director, (c) upon receipt of such a writing by the
Director, any and all rights to survivorship benefits for such judicial
official's survivors shall terminate, and all amounts credited to such
judicial official's individual account, together with interest at 3
percent per annum, compounded on December 31 of each year to that date
of revocation, shall thereafter be returned to that judicial official in
a lump-sum refund payment, and (d) any judicial official who effects
such a revocation and who subsequently again becomes eligible and elects
to join the judicial survivors annuities program created by this Act
under the provisions of section 376 of title 28, United States Code as
amended by this Act, shall be permitted to do so only upon the redeposit
of the full amount of the refund obtained under this section plus
interest at 3 percent per annum, compounded on December 31 of each year
from the date of the revocation until the date upon which that amount is
redeposited. Any judicial official who fails to effect a revocation in
accordance with the right conferred by this section within one hundred
and eighty days after the date upon which this Act becomes effective
shall be deemed to have irrevocably waived the right to that
revocation.''
Judge Taking Office on August 8, 1968
Section 1(b) of Pub. L. 90-466 provided that: ``For the purpose of
the amendment made by subsection (a) [amending subsec. (a) of this
section], a judge who is in office on the date of enactment of this Act
[Aug. 8, 1968] shall be deemed to have taken office on that date.''
Preservation of Rights of Judges of the District Court for the Territory
of Alaska
Section 12(n) of Pub. L. 85-508 provided in part that the amendment
of subsec. (q) of this section by Pub. L. 85-508 shall not affect the
rights under this section of any present or former judge of the District
Court for the Territory of Alaska or his survivors.
Appropriations
Section 5 of act Aug. 3, 1956, provided that: ``Funds necessary to
carry out the provisions of this Act [enacting this section and
provisions set out as notes below, and amending sections 375, 604, and
605 of this title] may be appropriated out of any money in the Treasury
not otherwise appropriated.''
Resigned, Removed, and Retired Judges
Section 6 of act Aug. 3, 1956, provided that: ``A judge who resigned
prior to the date of enactment of this Act [Aug. 3, 1956] and who on
that date is receiving salary under section 371(a) of title 28, United
States Code, or who resigned, was removed or failed of reappointment
prior to the date of enactment of this Act and who on that date is
receiving salary under section 373 of title 28, United States Code,
shall be considered a judge within the meaning of section 376 of title
28, United States Code, as added by section 2 of this Act, and as such
shall be entitled within six months after the date of enactment of this
Act to make the election authorized by and to receive the benefits of
that section. A judge who retired from regular active service under
section 260 of the Judicial Code of 1911 or the Act of August 5, 1939,
chapter 433, and who is living on the date of enactment of this Act
shall be deemed for the purposes of this Act to have retired from
regular active service under section 371(b) or 372(a), as the case may
be, of title 28, United States Code.''
Prior Death of Judge
Section 7 of act Aug. 3, 1956, provided that: ``In the case of a
living widow of a judge of the United States as defined in section 451
of title 28, United States Code, who died prior to the date of enactment
of this Act [Aug. 3, 1956], an annuity shall be paid as provided in
section 376 of title 28, United States Code, as added by section 2 of
this Act, as if such judge had died on such date and had elected to
bring himself within the purview of such section 376, but had not made
the deposit provided for by subsection (c) of the said section:
Provided, (a) That such widow has not remarried; and (b) that the amount
of such annuity and the reduction therein because of such deposit not
having been made shall be computed on the basis of the actual length of
judicial and other allowable service of such judge: And provided
further, That notwithstanding the provisions of subsection (g) of such
section 376 such annuity shall be payable even though such judge had not
rendered five years of civilian service prior to his death. In the case
of a judge of the United States as defined in section 451 of title 28,
United States Code, who dies within 6 months after the date of enactment
of this Act after having rendered at least 5 years of civilian service
computed as prescribed in subsection (o) of section 376 of title 28,
United States Code, as added by section 2 of this Act, but without
having made an election as provided in such section 376 to bring himself
within the purview of that section, an annuity shall be paid to his
widow and surviving dependent children as provided in such section 376
as if such judge had elected on the day of his death to bring himself
within the purview of such section 376 but had not made the deposit
provided for by subsection (c) of the said section. An annuity shall be
payable under this section computed on the basis of the actual length of
judicial and other allowable service of the judge and subject to the
reduction required by subsection (c) of such section 376 even though no
deposit has been made, as required by subsection (g) of such section
376, with respect to any of such service.''
Section Referred to in Other Sections
This section is referred to in sections 178, 375, 377 of this title;
title 5 section 8334; title 38 section 7297.
