§ 627. — Retirement; employee benefits.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC627]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART III--COURT OFFICERS AND EMPLOYEES
CHAPTER 42--FEDERAL JUDICIAL CENTER
Sec. 627. Retirement; employee benefits
(a) The Director, Deputy 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 84 (relating to the
Federal Employees' Retirement System), 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:
Provided, however, 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
Retirement 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.
(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 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 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 per
centum 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 Federal Judicial Center,
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 I, Sec. 101, Dec. 20, 1967, 81 Stat. 666;
amended Pub. L. 100-702, title X, Secs. 1004(a), 1006(a)(2), Nov. 19,
1988, 102 Stat. 4665, 4666; Pub. L. 104-317, title VI, Sec. 604, Oct.
19, 1996, 110 Stat. 3857; Pub. L. 106-518, title III, Secs. 301(b),
312(a), Nov. 13, 2000, 114 Stat. 2416, 2421.)
Amendments
2000--Subsec. (a). Pub. L. 106-518, Sec. 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.''
Subsec. (b). Pub. L. 106-518, Sec. 312(a)(2), redesignated subsec.
(c) as (b). Former subsec. (b) redesignated (a).
Subsec. (c). Pub. L. 106-518, Sec. 312(a)(2), redesignated subsec.
(d) as (c). Former subsec. (c) redesignated (b).
Pub. L. 106-518, Sec. 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,''.
Subsec. (d). Pub. L. 106-518, Sec. 312(a)(2), redesignated subsec.
(e) as (d). Former subsec. (d) redesignated (c).
Pub. L. 106-518, Sec. 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,''.
Subsec. (e). Pub. L. 106-518, Sec. 312(a)(2), redesignated subsec.
(f) as (e). Former subsec. (e) redesignated (d).
Pub. L. 106-518, Sec. 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,''.
Subsec. (f). Pub. L. 106-518, Sec. 312(a)(2), redesignated subsec.
(f) as (e).
1996--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),''.
1988--Subsec. (b). Pub. L. 100-702, Sec. 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.''
Subsec. (f). Pub. L. 100-702, Sec. 1004(a), added subsec. (f).
Effective Date of 1988 Amendment
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.
Section Referred to in Other Sections
This section is referred to in section 376 of this title.
