Online Attorney

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- 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. -MISC2- 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." -TRANS- 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. -MISC3- 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 p

Online Attorney