§ 611. — Retirement of Director.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC611]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART III--COURT OFFICERS AND EMPLOYEES
CHAPTER 41--ADMINISTRATIVE OFFICE OF UNITED STATES COURTS
Sec. 611. Retirement of Director
(a) The Director may, by written election filed with the Chief
Justice of the United States within 6 months after the date on which he
takes office, waive coverage under chapter 83 of title 5, subchapter III
(the Civil Service Retirement System) or chapter 84 of title 5 (the
Federal Employees' Retirement System), whichever is applicable, and
bring himself within the purview of this section. A Director who elects
coverage under this section shall be deemed an ``employee'' for purposes
of chapter 84 of title 5, subchapter III, regardless of whether he has
waived the coverage of chapter 83, subchapter III, or chapter 84. Waiver
of coverage under chapter 83, subchapter III, and election of this
section shall not operate to foreclose to the Director, upon separation
from service other than by retirement, such opportunity as the law may
provide to secure retirement credit under chapter 83 for service as
Director by depositing with interest the amount required by section 8334
of title 5. A Director who waives coverage under chapter 84 and elects
this section may secure retirement credit under chapter 84 for service
as Director by depositing with interest 1.3 percent of basic pay for
service from January 1, 1984, through December 31, 1986, and the amount
referred to in section 8422(a) of title 5, for service after December
31, 1986. Interest shall be computed under section 8334(e) of title 5.
(b) Upon the retirement of a Director who has elected coverage under
this section and who has at least fifteen years of service and has
attained the age of sixty-five years the Administrative Office of the
United States Courts shall pay him an annuity for life equal to 80 per
centum of the salary of the office at the time of his retirement.
Upon the retirement of a Director who has elected coverage under
this section and who has at least ten years of service, but who is not
eligible to receive an annuity under the first paragraph of this
subsection, the Administrative Office of the United States Courts shall
pay him an annuity for life equal to that proportion of 80 per centum of
the salary of the office at the time of his retirement that the number
of years of his service bears to fifteen, reduced by one-quarter of 1
per centum for each full month, if any, he is under the age of sixty-
five at the time of separation from service.
(c) A Director who has elected coverage under this section and who
becomes permanently disabled to perform the duties of his office shall
be retired and shall receive an annuity for life equal to 80 per centum
of the salary of the office at the time of his retirement if he has at
least fifteen years of service, or equal to that proportion of 80
percentum of such salary that the aggregate number of years of his
service bears to fifteen if he has less than fifteen years of service,
but in no event less than 50 per centum of such salary.
(d) For the purpose of this section, ``service'' means service,
whether or not continuous, as Director of the Administrative Office of
the United States Courts, and any service, not to exceed five years, as
a judge of the United States, a Senator or Representative in Congress, 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, or a civilian
official appointed by the President, by and with the advice and consent
of the Senate.
(e) 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.
(Added Pub. L. 90-219, title II, Sec. 201(a), Dec. 20, 1967, 81 Stat.
668; amended Pub. L. 100-702, title X, Secs. 1004(a), 1006(a)(1), Nov.
19, 1988, 102 Stat. 4665, 4666; Pub. L. 106-518, title III, Sec. 301(a),
Nov. 13, 2000, 114 Stat. 2416.)
Amendments
2000--Subsec. (b). Pub. L. 106-518, Sec. 301(a)(2), substituted
``who has at least fifteen years of service and has'' for ``who has
served at least fifteen years and'' in first par. and ``who has at least
ten years of service,'' for ``who has served at least ten years,'' in
second par.
Subsec. (c). Pub. L. 106-518, Sec. 301(a)(3), substituted ``at least
fifteen years of service,'' for ``served at least fifteen years,'' and
``less than fifteen years of service,'' for ``served less than fifteen
years,''.
Subsec. (d). Pub. L. 106-518, Sec. 301(a)(1), inserted ``a
congressional employee in the capacity of primary administrative
assistant to a Member of Congress or in the capacity of staff director
or chief counsel for the majority or the minority of a committee or
subcommittee of the Senate or House of Representatives,'' after
``Congress,''.
1988--Subsec. (a). Pub. L. 100-702, Sec. 1006(a)(1), amended subsec.
(a) generally. Prior to amendment, subsec. (a) read as follows: ``The
Director may, by written election filed with the Chief Justice of the
United States within six months after the date on which he takes office,
waive coverage under subchapter III (relating to civil service
retirement) of chapter 83, Title 5, United States Code, and bring
himself within the purview of this section. Such waiver and election
shall not operate to foreclose to the Director, upon separation from
service other than by retirement, such opportunity as the law may
provide to secure civil service retirement credit for service as
Director by depositing with interest the amount required by section 8334
of title 5, United States Code.''
Subsec. (e). Pub. L. 100-702, Sec. 1004(a), added subsec. (e).
Effective Date of 1988 Amendment
Section 1004(b) of title X of Pub. L. 100-702 provided that: ``The
amendments made by this section [amending this section and section 627
of this title] shall apply to cost-of-living increases that go into
effect on or after the date of enactment of this title [Nov. 19, 1988]
with respect to any annuity being paid or becoming payable on or after
such date.''
Section 1006(b) of title X of Pub. L. 100-702 provided that: ``The
amendments made by this section [amending this section and section 627
of this title] shall apply to persons holding the offices of Director of
the Administrative Office of the United States Courts, Director of the
Federal Judicial Center, and Administrative Assistant to the Chief
Justice on the date of enactment of this title [Nov. 19, 1988].''
Retroactive Effect
Section 205 of Pub. L. 90-219 provided that:
``(a) Except as provided in subsection (b), the amendments made by
this title [enacting this section and amending sections 376 and 604 of
this title], insofar as they relate to retirement and survivorship
benefits of the Director of the Administrative Office of the United
States Courts, shall be applicable only with respect to persons first
appointed to such office after the date of enactment of this Act [Dec.
20, 1967].
``(b) The provisions of section 611(a), the first paragraph of
section 611(b), and section 376(s), of title 28, United States Code, as
added by such amendments, shall be applicable to a Director or former
Director of the Administrative Office of the United States Courts who
was first appointed prior to the date of enactment of this Act [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 the date of enactment of this Act [Dec. 20,
1967], he makes the election referred to in section 611(a) or section
376(s), or both, as the case may be.''
Section Referred to in Other Sections
This section is referred to in sections 376, 677 of this title.
