US (United States) Code. Title 28. Chapter 17: Resignation and retirement of justices and judges

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Judiciary and judicial procedure

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-CITE-

28 USC CHAPTER 17 - RESIGNATION AND RETIREMENT OF

JUSTICES AND JUDGES 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 17 - RESIGNATION AND RETIREMENT OF JUSTICES AND JUDGES

-HEAD-

CHAPTER 17 - RESIGNATION AND RETIREMENT OF JUSTICES AND JUDGES

-MISC1-

Sec.

371. Retirement on salary; retirement in senior status.

372. Retirement for disability; substitute judge on failure

to retire.

373. Judges in Territories and Possessions.(!1)

374. Residence of retired judges; official station.

375. Recall of certain judges and magistrate judges.

376. Annuities for survivors of certain judicial officials

of the United States.

377. Retirement of bankruptcy judges and magistrate judges.

AMENDMENTS

2002 - Pub. L. 107-273, div. C, title I, Sec. 11043(a)(2), Nov.

2, 2002, 116 Stat. 1855, struck out "; judicial discipline" after

"failure to retire" in item 372.

1988 - Pub. L. 100-702, title X, Sec. 1020(a)(9), Nov. 19, 1988,

102 Stat. 4672, substituted "Annuities for survivors of certain

judicial officials of the United States" for "Annuities to widows

and surviving dependent children of justices and judges of the

United States" in item 376.

Pub. L. 100-659, Sec. 2(b), Nov. 15, 1988, 102 Stat. 3916, added

item 377.

1986 - Pub. L. 99-651, title II, Sec. 201(b)(2), Nov. 14, 1986,

100 Stat. 3648, amended item 375 generally.

1984 - Pub. L. 98-353, title II, Sec. 204(b), July 10, 1984, 98

Stat. 350, substituted "Retirement on salary; retirement in senior

status" for "Resignation or retirement for age" in item 371.

1980 - Pub. L. 96-458, Sec. 3(c), Oct. 15, 1980, 94 Stat. 2040,

inserted reference to "judicial discipline" in item 372.

1972 - Pub. L. 92-397, Sec. 3(a), (b), Aug. 22, 1972, 86 Stat.

579, substituted "JUSTICES AND JUDGES" for "JUDGES" in chapter

heading, and substituted "justices and judges of the United States"

for "judges" in item 376.

1959 - Pub. L. 86-312, Sec. 2, Sept. 21, 1959, 73 Stat. 587,

inserted "; official station" in item 374.

1956 - Act Aug. 3, 1956, ch. 944, Sec. 1(a), 70 Stat. 1021,

substituted "Annuities to widows of justices" for "Annuities to

widows on the Chief Justice and Associate Justices of the Supreme

Court of the United States" in item 375 and added item 376.

1954 - Act Aug. 28, 1954, ch. 1053, Sec. 2, 68 Stat. 918, added

item 375.

Act Feb. 10, 1954, ch. 6, Sec. 4(b), 68 Stat. 13, transferred ";

substitute judge on failure to retire" from item 371 to item 372.

-CHANGE-

CHANGE OF NAME

Words "magistrate judges" substituted for "magistrates" in items

375 and 377 pursuant to section 321 of Pub. L. 101-650, set out as

a note under section 631 of this title.

-FOOTNOTE-

(!1) Section catchline amended by Pub. L. 99-396 without

corresponding amendment of analysis.

-End-

-CITE-

28 USC Sec. 371 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 17 - RESIGNATION AND RETIREMENT OF JUSTICES AND JUDGES

-HEAD-

Sec. 371. Retirement on salary; retirement in senior status

-STATUTE-

(a) Any justice or judge of the United States appointed to hold

office during good behavior may retire from the office after

attaining the age and meeting the service requirements, whether

continuous or otherwise, of subsection (c) and shall, during the

remainder of his lifetime, receive an annuity equal to the salary

he was receiving at the time he retired.

(b)(1) Any justice or judge of the United States appointed to

hold office during good behavior may retain the office but retire

from regular active service after attaining the age and meeting the

service requirements, whether continuous or otherwise, of

subsection (c) of this section and shall, during the remainder of

his or her lifetime, continue to receive the salary of the office

if he or she meets the requirements of subsection (e).

(2) In a case in which a justice or judge who retires under

paragraph (1) does not meet the requirements of subsection (e), the

justice or judge shall continue to receive the salary that he or

she was receiving when he or she was last in active service or, if

a certification under subsection (e) was made for such justice or

judge, when such a certification was last in effect. The salary of

such justice or judge shall be adjusted under section 461 of this

title.

(c) The age and service requirements for retirement under this

section are as follows:

Attained age: Years of

service:

65 15

66 14

67 13

68 12

69 11

70 10

(d) The President shall appoint, by and with the advice and

consent of the Senate, a successor to a justice or judge who

retires under this section.

(e)(1) In order to continue receiving the salary of the office

under subsection (b), a justice must be certified in each calendar

year by the Chief Justice, and a judge must be certified by the

chief judge of the circuit in which the judge sits, as having met

the requirements set forth in at least one of the following

subparagraphs:

(A) The justice or judge must have carried in the preceding

calendar year a caseload involving courtroom participation which

is equal to or greater than the amount of work involving

courtroom participation which an average judge in active service

would perform in three months. In the instance of a justice or

judge who has sat on both district courts and courts of appeals,

the caseload of appellate work and trial work shall be determined

separately and the results of those determinations added together

for purposes of this paragraph.

(B) The justice or judge performed in the preceding calendar

year substantial judicial duties not involving courtroom

participation under subparagraph (A), including settlement

efforts, motion decisions, writing opinions in cases that have

not been orally argued, and administrative duties for the court

to which the justice or judge is assigned. Any certification

under this subparagraph shall include a statement describing in

detail the nature and amount of work and certifying that the work

done is equal to or greater than the work described in this

subparagraph which an average judge in active service would

perform in three months.

(C) The justice or judge has, in the preceding calendar year,

performed work described in subparagraphs (A) and (B) in an

amount which, when calculated in accordance with such

subparagraphs, in the aggregate equals at least 3 months work.

(D) The justice or judge has, in the preceding calendar year,

performed substantial administrative duties directly related to

the operation of the courts, or has performed substantial duties

for a Federal or State governmental entity. A certification under

this subparagraph shall specify that the work done is equal to

the full-time work of an employee of the judicial branch. In any

year in which a justice or judge performs work described under

this subparagraph for less than the full year, one-half of such

work may be aggregated with work described under subparagraph

(A), (B), or (C) of this paragraph for the purpose of the justice

or judge satisfying the requirements of such subparagraph.

(E) The justice or judge was unable in the preceding calendar

year to perform judicial or administrative work to the extent

required by any of subparagraphs (A) through (D) because of a

temporary or permanent disability. A certification under this

subparagraph shall be made to a justice who certifies in writing

his or her disability to the Chief Justice, and to a judge who

certifies in writing his or her disability to the chief judge of

the circuit in which the judge sits. A justice or judge who is

certified under this subparagraph as having a permanent

disability shall be deemed to have met the requirements of this

subsection for each calendar year thereafter.

(2) Determinations of work performed under subparagraphs (A),

(B), (C), and (D) of paragraph (1) shall be made pursuant to rules

promulgated by the Judicial Conference of the United States. In

promulgating such criteria, the Judicial Conference shall take into

account existing standards promulgated by the Conference for

allocation of space and staff for senior judges.

(3) If in any year a justice or judge who retires under

subsection (b) does not receive a certification under this

subsection (except as provided in paragraph (1)(E)), he or she may

thereafter receive a certification for that year by satisfying the

requirements of subparagraph (A), (B), (C), or (D) of paragraph (1)

of this subsection in a subsequent year and attributing a

sufficient part of the work performed in such subsequent year to

the earlier year so that the work so attributed, when added to the

work performed during such earlier year, satisfies the requirements

for certification for that year. However, a justice or judge may

not receive credit for the same work for purposes of certification

for more than 1 year.

(4) In the case of any justice or judge who retires under

subsection (b) during a calendar year, there shall be included in

the determination under this subsection of work performed during

that calendar year all work performed by that justice or judge (as

described in subparagraphs (A), (B), (C), and (D) of paragraph (1))

during that calendar year before such retirement.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 903; Oct. 31, 1951, ch. 655, Sec.

39, 65 Stat. 724; Feb. 10, 1954, ch. 6, Sec. 4(a), 68 Stat. 12;

Pub. L. 98-353, title II, Sec. 204(a), July 10, 1984, 98 Stat. 350;

Pub. L. 100-702, title X, Sec. 1005(a), Nov. 19, 1988, 102 Stat.

4666; Pub. L. 101-194, title VII, Sec. 705(a), Nov. 30, 1989, 103

Stat. 1770; Pub. L. 104-317, title III, Sec. 301, Oct. 19, 1996,

110 Stat. 3851; Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec.

654(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A-165; Pub. L. 106-518,

title III, Sec. 303, Nov. 13, 2000, 114 Stat. 2417.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Secs. 375 and 375a (Mar. 3,

1911, ch. 231, Sec. 260, 36 Stat. 1161; Feb. 25, 1919, ch. 29, Sec.

6, 40 Stat. 1157; Mar. 1, 1929, ch. 419, 45 Stat. 1422; Mar. 1,

1937, ch. 21, Secs. 1, 2, 50 Stat. 24; Feb. 11, 1938, ch. 25, Sec.

1, 52 Stat. 28; May 11, 1944, ch. 192, Sec. 1, 58 Stat. 218).

This section consolidates provisions of sections 375 and 375a of

title 28, U.S.C., 1940 ed., relating to resignation and retirement.

Remaining provisions of said section 375 now appear in sections

136, 294, and 756 of this title, and remaining provisions of said

section 375a now appear in section 294 of this title.

Words "may resign, or may retain his office but retire from

regular active service" were used to clarify the difference between

resignation and retirement. Resignation results in loss of the

judge's office, while retirement does not. (Booth v. U.S., 1933, 54

S. Ct. 379, 291 U.S. 339, 78 L. Ed. 836; U.S. v. Moore, 1939, 101

F. 2d 56, certiorari denied 59 S. Ct. 788, 306 U.S. 664, 83 L. Ed.

1060.)

Terms "judge of the United States" and "justice of the United

States" are defined in section 451 of this title.

The revised section continues the provision respecting the salary

of a resigned judge but changes such provision for retired judges

and makes them eligible to receive any increases provided by

Congress for the office from which they retired. This change is in

harmony with the clear line of distinction drawn by Congress

between retirement and resignation.

AMENDMENTS

2000 - Subsec. (b). Pub. L. 106-398, Sec. 1 [[div. A], title VI,

Sec. 654(a)(2)], substituted "subsection (e)" for "subsection (f)"

wherever appearing.

Subsec. (e). Pub. L. 106-518, which directed amendment of subsec.

(e) by inserting ", except such pay as is deductible from the

retired or retainer pay as a result of participation in any

survivor's benefits plan in connection with the retired pay," after

"such retired or retainer pay", could not be executed because of

amendment by Pub. L. 106-398. See below.

Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec. 654(a)(1)],

redesignated subsec. (f) as (e) and struck out former subsec. (e)

which read as follows: "Notwithstanding subsection (c) of section

5532 of title 5, if a regular or reserve member or former member of

a uniformed service who is receiving retired or retainer pay

becomes employed as a justice or judge of the United States, as

defined by section 451, or becomes eligible therefor while so

employed, such retired or retainer pay shall not be paid during

regular active service as a justice or judge, but shall be resumed

or commenced without reduction upon retirement from the judicial

office or from regular active service (into senior status) as such

justice or judge."

Subsec. (f). Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec.

654(a)(1)(B)], redesignated subsec. (f) as (e).

1996 - Subsec. (f)(1)(D). Pub. L. 104-317, Sec. 301(b), inserted

at end "In any year in which a justice or judge performs work

described under this subparagraph for less than the full year,

one-half of such work may be aggregated with work described under

subparagraph (A), (B), or (C) of this paragraph for the purpose of

the justice or judge satisfying the requirements of such

subparagraph."

Subsec. (f)(3). Pub. L. 104-317, Sec. 301(a), substituted "may

thereafter receive a certification for that year by satisfying the

requirements of subparagraph (A), (B), (C), or (D) of paragraph (1)

of this subsection in a subsequent year and attributing a

sufficient part of the work performed in such subsequent year to

the earlier year so that the work so attributed, when added to the

work performed during such earlier year, satisfies the requirements

for certification for that year. However, a justice or judge may

not receive credit for the same work for purposes of certification

for more than 1 year." for "is thereafter ineligible to receive

such a certification."

1989 - Subsec. (b). Pub. L. 101-194, Sec. 705(a)(1), designated

existing provisions as par. (1), inserted "or her" after "his",

substituted "of the office if he or she meets the requirements of

subsection (f)" for "of the office", and added par. (2).

Subsec. (f). Pub. L. 101-194, Sec. 705(a)(2), added subsec. (f).

1988 - Subsec. (e). Pub. L. 100-702 added subsec. (e).

1984 - Pub. L. 98-353 substituted "Retirement on salary;

retirement in senior status" for "Resignation or retirement for

age" in section catchline.

Subsec. (a). Pub. L. 98-353 amended subsec. (a) generally,

substituting "may retire from the office after attaining the age

and meeting the service requirements, whether continuous or

otherwise, of subsection (c) and shall, during the remainder of his

lifetime, receive an annuity equal to the salary he was receiving

at the time he retired" for "who resigns after attaining the age of

seventy years and after serving at least ten years continuously or

otherwise shall, during the remainder of his lifetime, continue to

receive the salary which he was receiving when he resigned".

Subsec. (b). Pub. L. 98-353 amended subsec. (b) generally,

substituting "may retain the office but retire from regular active

service after attaining the age and meeting the service

requirements, whether continuous or otherwise, of subsection (c) of

this section and shall, during the remainder of his lifetime,

continue to receive the salary of the office" for "may retain his

office but retire from regular active service after attaining the

age of seventy years and after serving at least ten years

continuously or otherwise, or after attaining the age of sixty-five

years and after serving at least fifteen years continuously or

otherwise. He shall, during the remainder of his lifetime, continue

to receive the salary of the office. The President shall appoint,

by and with the advice and consent of the Senate, a successor to a

justice or judge who retires".

Subsecs. (c), (d). Pub. L. 98-353 added subsecs. (c) and (d).

1954 - Act Feb. 10, 1954, struck out "; substitute judge on

failure to retire" in section catchline.

Subsec. (a). Act Feb. 10, 1954, reenacted subsec. (a) without

change.

Subsec. (b). Act Feb. 10, 1954, in first sentence, inserted

provision for retirement after attaining the age of 65 years and

after serving 15 years continuously or otherwise.

Subsec. (c). Act Feb. 10, 1954, in general amendment of section,

omitted subsec. (c) which related to appointment of substitute

judges for disabled judges eligible to resign or retire where the

latter fail to resign or retire, and to precedence of such disabled

judges who remain on the active list after the appointment of

substitutes.

1951 - Act Oct. 31, 1951, subdivided section into subsections,

and limited second par. of subsec. (c) (as so designated) to judges

who remain on the active list but whose disabilities cause the

appointment of additional judges as authorized by first par. of

such subsec.

EFFECTIVE DATE OF 2000 AMENDMENT

Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec. 654(c)], Oct.

30, 2000, 114 Stat. 1654, 1654A-165, provided that: "The amendments

made by this section [amending this section and repealing section

180 of this title] shall take effect as of October 1, 1999."

EFFECTIVE DATE OF 1989 AMENDMENT

Section 705(b) of Pub. L. 101-194 provided that:

"(1) In general. - The amendments made by subsection (a)

[amending this section] shall first apply with respect to work

performed on or after January 1, 1990, by a justice or judge of the

United States who has retired under section 371(b) of title 28,

United States Code.

"(2) Calendar year 1990. - In the case of certifications required

by section 371(f) of title 28, United States Code, for calendar

year 1990 -

"(A) such certifications shall be based on the 10-month period

beginning on January 1, 1990, and ending on October 31, 1990, and

shall be completed not later than December 15, 1990;

"(B) determinations of work performed under section 371(f) of

title 28, United States Code, shall be made pro rata on the basis

of such 10-month period; and

"(C) such certifications shall be deemed to be certifications

made in calendar year 1991."

EFFECTIVE DATE OF 1988 AMENDMENT

Section 1005(b) of Pub. L. 100-702 provided that: "The amendment

made by this section [amending this section] shall apply to a

justice or judge who retires, or has retired, from the judicial

office or from regular active service (into senior status) as such

justice or judge of the United States on or after the effective

date of section 5532(c) of title 5 [effective 90 days after Oct.

13, 1978, see Effective Date of 1978 Amendment note under section

1101 of Title 5, Government Organization and Employees], and to

whom section 5532(c) would otherwise be applicable."

EFFECTIVE DATE OF 1984 AMENDMENT

Section 204(c) of Pub. L. 98-353 provided that: "The amendments

made by this section [amending this section] shall apply with

respect to any justice or judge of the United States appointed to

hold office during good behavior who retires on or after the date

of enactment of this Act [July 10, 1984]."

COMPUTATION OF JUDICIAL SERVICE, DISTRICT OF ALASKA

Pub. L. 89-70, July 8, 1965, 79 Stat. 213, provided: "That,

notwithstanding any other provision of law, any service as a judge

of the District Court for the Territory of Alaska shall be included

in computing under sections 371 and 372 of Title 28, United States

Code, the aggregate years of judicial service of a United States

district judge for the district of Alaska."

JUDICIAL SERVICE IN HAWAII INCLUDED WITHIN COMPUTATION OF AGGREGATE

YEARS OF JUDICIAL SERVICE

Pub. L. 86-3, Sec. 14(d), Mar. 18, 1959, 73 Stat. 10, provided in

part: "That service as a judge of the District Court for the

Territory of Hawaii or as a judge of the United States District

Court for the District of Hawaii or as a justice of the Supreme

Court of the Territory of Hawaii or as a judge of the circuit

courts of the Territory of Hawaii shall be included in computing

under section 371, 372, or 373 of title 28, United States Code, the

aggregate years of judicial service of any person who is in office

as a district judge for the District of Hawaii on the date of

enactment of this Act [Mar. 18, 1959]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 178, 294, 331, 332, 353,

354, 364, 372, 375, 376, 377, 458, 621 of this title; title 5

sections 8440a, 8701, 8714a, 8714b; title 26 section 3121; title 42

section 409.

-End-

-CITE-

28 USC Sec. 372 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 17 - RESIGNATION AND RETIREMENT OF JUSTICES AND JUDGES

-HEAD-

Sec. 372. Retirement for disability; substitute judge on failure to

retire

-STATUTE-

(a) Any justice or judge of the United States appointed to hold

office during good behavior who becomes permanently disabled from

performing his duties may retire from regular active service, and

the President shall, by and with the advice and consent of the

Senate, appoint a successor.

Any justice or judge of the United States desiring to retire

under this section shall certify to the President his disability in

writing.

Whenever an associate justice of the Supreme Court, a chief judge

of a circuit or the chief judge of the Court of International

Trade, desires to retire under this section, he shall furnish to

the President a certificate of disability signed by the Chief

Justice of the United States.

A circuit or district judge, desiring to retire under this

section, shall furnish to the President a certificate of disability

signed by the chief judge of his circuit.

A judge of the Court of International Trade desiring to retire

under this section, shall furnish to the President a certificate of

disability signed by the chief judge of his court.

Each justice or judge retiring under this section after serving

ten years continuously or otherwise shall, during the remainder of

his lifetime, receive the salary of the office. A justice or judge

retiring under this section who has served less than ten years in

all shall, during the remainder of his lifetime, receive one-half

the salary of the office.

(b) Whenever any judge of the United States appointed to hold

office during good behavior who is eligible to retire under this

section does not do so and a certificate of his disability signed

by a majority of the members of the Judicial Council of his circuit

in the case of a circuit or district judge, or by the Chief Justice

of the United States in the case of the Chief Judge of the Court of

International Trade, or by the chief judge of his court in the case

of a judge of the Court of International Trade, is presented to the

President and the President finds that such judge is unable to

discharge efficiently all the duties of his office by reason of

permanent mental or physical disability and that the appointment of

an additional judge is necessary for the efficient dispatch of

business, the President may make such appointment by and with the

advice and consent of the Senate. Whenever any such additional

judge is appointed, the vacancy subsequently caused by the death,

resignation, or retirement of the disabled judge shall not be

filled. Any judge whose disability causes the appointment of an

additional judge shall, for purpose of precedence, service as chief

judge, or temporary performance of the duties of that office, be

treated as junior in commission to the other judges of the circuit,

district, or court.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 903; May 24, 1949, ch. 139, Sec.

67, 63 Stat. 99; Feb. 10, 1954, ch. 6, Sec. 4(a), 68 Stat. 12; Pub.

L. 85-261, Sept. 2, 1957, 71 Stat. 586; Pub. L. 96-417, title V,

Sec. 501(9), Oct. 10, 1980, 94 Stat. 1742; Pub. L. 96-458, Sec.

3(a), (b), Oct. 15, 1980, 94 Stat. 2036, 2040; Pub. L. 97-164,

title I, Sec. 112, Apr. 2, 1982, 96 Stat. 29; Pub. L. 98-353, title

I, Sec. 107, July 10, 1984, 98 Stat. 342; Pub. L. 100-702, title

IV, Sec. 403(c), Nov. 19, 1988, 102 Stat. 4651; Pub. L. 101-650,

title IV, Sec. 402, Dec. 1, 1990, 104 Stat. 5122; Pub. L. 102-572,

title IX, Sec. 902(b)(1), Oct. 29, 1992, 106 Stat. 4516; Pub. L.

107-273, div. C, title I, Sec. 11043(a)(1), Nov. 2, 2002, 116 Stat.

1855.)

-MISC1-

HISTORICAL AND REVISION NOTES

1948 ACT

Based on title 28, U.S.C., 1940 ed., Secs. 375b, 375c, and 375d

(Aug. 5, 1939, ch. 433, Secs. 1-3, 53 Stat. 1204, 1205).

This section consolidates sections 375b, 375c, and 375d of title

28, U.S.C., 1940 ed.

Section 375e of title 28, U.S.C., 1940 ed. providing that term

"senior circuit judge" includes the Chief Justice of the United

States Court of Appeals for the District of Columbia, and the term

"judicial circuit" includes the District of Columbia, was omitted

from this revision as unnecessary. Such district is included as a

judicial circuit by section 41 of this title.

Words "justice or judge of the United States" were used to

describe members of all courts who hold office during good

behavior. (See reviser's note under section 371 of this title.)

Term "chief judge" was substituted for "Chief Justice" of the

Court of Claims, "presiding judge" of the Court of Customs and

Patent Appeals and "senior circuit judge." (See Reviser's Note

under section 136 of this title.)

For clarity and convenience the requirement that certificates of

disability be submitted "to the President," was made explicit.

The revised section requires a judge of the Customs Court to

furnish a certificate of disability signed by the chief judge of

his court, instead of by the chief judge of the Court of Customs

and Patent Appeals as in said section 375c of title 28, U.S.C.,

1940 ed. This change insures signing of the certificate of

disability by the chief judge possessing knowledge of the facts.

Changes were made in phraseology and arrangement.

1949 ACT

Subsection (a) of this section amends section 372 of title 28,

U.S.C., to express the requirement that appointment of successors

to justices or judges must be made with confirmation by the Senate.

Subsection (b) of this section clarifies the intent of section 372

of title 28, U.S.C., and conforms with the language of section 371

of such title.

AMENDMENTS

2002 - Pub. L. 107-273, Sec. 11043(a)(1)(A), struck out ";

judicial discipline" after "failure to retire" in section

catchline.

Subsec. (c). Pub. L. 107-273, Sec. 11043(a)(1)(B), struck out

subsec. (c), which had authorized complaints against circuit,

district, bankruptcy, and magistrate judges, and set forth

procedures for investigation and disposition of complaints. See

chapter 16 of this title.

1992 - Subsec. (c)(18). Pub. L. 102-572 substituted "United

States Court of Federal Claims" for "United States Claims Court".

1990 - Subsec. (c)(1). Pub. L. 101-650, Sec. 402(a), inserted at

end "In the interests of the effective and expeditious

administration of the business of the courts and on the basis of

information available to the chief judge of the circuit, the chief

judge may, by written order stating reasons therefor, identify a

complaint for purposes of this subsection and thereby dispense with

filing of a written complaint."

Subsec. (c)(3)(B). Pub. L. 101-650, Sec. 402(f), inserted before

period at end "or that action on the complaint is no longer

necessary because of intervening events".

Subsec. (c)(4). Pub. L. 101-650, Sec. 402(b), inserted at end "A

judge appointed to a special committee under this paragraph may

continue to serve on that committee after becoming a senior judge

or, in the case of the chief judge of the circuit, after his or her

term as chief judge terminates under subsection (a)(3) or (c) of

section 45 of this title. If a judge appointed to a committee under

this paragraph dies, or retires from office under section 371(a) of

this title, while serving on the committee, the chief judge of the

circuit may appoint another circuit or district judge, as the case

may be, to the committee."

Subsec. (c)(6). Pub. L. 101-650, Sec. 402(g), added subpar. (C)

and redesignated former subpar. (C) as (D).

Subsec. (c)(7)(B). Pub. L. 101-650, Sec. 402(i)(1), substituted

"may have engaged in conduct" for "has engaged in conduct" in

introductory provisions and "article II" for "article I" in cl.

(i).

Subsec. (c)(8). Pub. L. 101-650, Sec. 402(d), designated existing

provisions as subpar. (A) and added subpar. (B).

Pub. L. 101-650, Sec. 402(c)(1), inserted at end "Upon receipt of

the determination and record of proceedings in the House of

Representatives, the Clerk of the House of Representatives shall

make available to the public the determination and any reasons for

the determination."

Subsec. (c)(11). Pub. L. 101-650, Sec. 402(e), inserted at end

"No rule promulgated under this subsection may limit the period of

time within which a person may file a complaint under this

subsection."

Subsec. (c)(14). Pub. L. 101-650, Sec. 402(c)(2)(A), (B),

substituted "Except as provided in paragraph (8), all" for "All"

and "except to the extent that" for "unless" in introductory

provisions.

Subsec. (c)(14)(A). Pub. L. 101-650, Sec. 402(c)(2)(E), added

subpar. (A). Former subpar. (A) redesignated (B).

Subsec. (c)(14)(B). Pub. L. 101-650, Sec. 402(c)(2)(D),

redesignated subpar. (A) as (B). Former subpar. (B) redesignated

(C).

Pub. L. 101-650, Sec. 402(c)(2)(C), inserted "such disclosure is"

before "authorized".

Subsec. (c)(14)(C). Pub. L. 101-650, Sec. 402(c)(2)(D), (i)(2),

redesignated subpar. (B) as (C) and substituted "subject of the

complaint" for "subject to the complaint".

Subsec. (c)(16) to (18). Pub. L. 101-650, Sec. 402(h), added par.

(16) and redesignated former pars. (16) and (17) as (17) and (18),

respectively.

1988 - Subsec. (c)(11). Pub. L. 100-702 inserted before last

sentence "Any such rule shall be made or amended only after giving

appropriate public notice and an opportunity for comment."

1984 - Subsec. (c)(6)(B)(vii). Pub. L. 98-353 substituted

"section 152" for "section 153".

1982 - Subsec. (a). Pub. L. 97-164, Sec. 112(a), struck out

"Court of Claims, Court of Customs and Patent Appeals, or" before

"Court of International Trade" in third and fifth pars.

Subsec. (b). Pub. L. 97-164, Sec. 112(b), struck out "Court of

Claims, Court of Customs and Patent Appeals, or" before "Court of

International Trade" wherever appearing.

Subsec. (c)(17). Pub. L. 97-164, Sec. 112(c), substituted "United

States Claims Court, the Court of International Trade, and the

Court of Appeals for the Federal Circuit" for "Court of Claims, the

Court of Customs and Patent Appeals, and the Customs Court".

1980 - Pub. L. 96-458, Sec. 3(b), inserted "judicial discipline"

in section catchline.

Subsecs. (a), (b). Pub. L. 96-417 redesignated the Customs Court

as the Court of International Trade.

Subsec. (c). Pub. L. 96-458, Sec. 3(a), added subsec. (c).

1957 - Subsec. (b). Pub. L. 85-261 added subsec. (b).

1954 - Act Feb. 10, 1954, inserted "; substitute judge on failure

to retire" in section catchline (but without adding any provisions

on such subject to the text of the section, see 1957 amendment),

and inserted "under this section" after "retire" in third, fourth,

and fifth pars.

1949 - Act May 24, 1949, amended section to include provision

that appointment of successors to justices or judges must be made

with consent of Senate, and inserted "continuously or otherwise"

after "Each justice or judge" in last par.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by 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

Amendment by Pub. L. 101-650 effective 90 days after Dec. 1,

1990, see section 407 of Pub. L. 101-650, set out as a note under

section 332 of this title.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-702 effective Dec. 1, 1988, see section

407 of Pub. L. 100-702, set out as a note under section 2071 of

this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-353 effective July 10, 1984, see section

122(a) of Pub. L. 98-353, set out as an Effective Date note under

section 151 of this title.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section

402 of Pub. L. 97-164, set out as a note under section 171 of this

title.

EFFECTIVE DATE OF 1980 AMENDMENTS

Amendment by Pub. L. 96-458 effective Oct. 1, 1981, see section 7

of Pub. L. 96-458, set out as a note under section 331 of this

title.

Amendment by Pub. L. 96-417 effective Nov. 1, 1980, and

applicable with respect to civil actions pending on or commenced on

or after such date, see section 701(a) of Pub. L. 96-417, set out

as a note under section 251 of this title.

NATIONAL COMMISSION ON JUDICIAL DISCIPLINE AND REMOVAL

Pub. L. 102-368, title I, Sept. 23, 1992, 106 Stat. 1118,

provided in part that the National Commission on Judicial

Discipline and Removal was to submit to Congress, the Chief Justice

of the United States, and the President, the report mandated in

subtitle II of title IV of Pub. L. 101-650 no later than Aug. 1,

1993.

Subtitle II of title IV of Pub. L. 101-650, Dec. 1, 1990, 104

Stat. 5124, as amended by Pub. L. 102-198, Sec. 8(a), (b)(2), Dec.

9, 1991, 105 Stat. 1625, 1626, known as the National Commission on

Judicial Discipline and Removal Act, established the National

Commission on Judicial Discipline and Removal to study the problems

involved in the tenure of article III judges and submit to

Congress, the Chief Justice of the United States, and the

President, not later than one year after the Commission's first

meeting, a report of its findings, conclusions, and

recommendations, and provided that the Commission was to terminate

30 days after submission of the report.

COMPUTATION OF JUDICIAL SERVICE, DISTRICT OF ALASKA

Inclusion of service as judge of the District Court for the

Territory of Alaska in the computation of years of judicial service

for judges of the United States District Court for the District of

Alaska, see Pub. L. 89-70, set out as a note under section 371 of

this title.

JUDICIAL SERVICE IN HAWAII

Certain judicial service in Hawaii included within computation of

aggregate years of judicial service, see section 14(d) of Pub. L.

86-3, set out as a note under section 371 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 178, 294, 332, 354, 376,

377, 621 of this title; title 5 sections 8440a, 8701.

-End-

-CITE-

28 USC Sec. 373 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 17 - RESIGNATION AND RETIREMENT OF JUSTICES AND JUDGES

-HEAD-

Sec. 373. Judges in territories and possessions

-STATUTE-

(a) Any judge of the District Court of Guam, the District Court

of the Northern Mariana Islands, or the District Court of the

Virgin Islands who retires from office after attaining the age and

meeting the service requirements whether continuous or otherwise,

of subsection (b) shall, during the remainder of his lifetime,

receive an annuity equal to the salary he is receiving at the time

he retires.

(b) The age and service requirements for retirement under

subsection (a) of this section are as follows:

Attained age: Years of

service:

65 15

66 14

67 13

68 12

69 11

70 10

(c)(1) Any judge or former judge who is receiving an annuity

pursuant to this section may elect to become a senior judge of the

court upon which he served before retiring.

(2) The chief judge of a judicial circuit may recall any such

senior judge, with the judge's consent, to perform, for the court

from which he retired, such judicial duties for such periods of

time as the chief judge may specify.

(3) Any act or failure to act by a senior judge performing

judicial duties pursuant to recall under paragraph (2) of this

subsection shall have the same force and effect as if it were an

act or failure to act of a judge on active duty; but such senior

judge shall not be counted as a judge of the court on which he is

serving as a recalled annuitant for purposes of the number of

judgeships authorized for that court.

(4) Any senior judge performing judicial duties pursuant to

recall under paragraph (2) of this subsection shall be paid, while

performing such duties, the same compensation (in lieu of the

annuity payable under subsection (a) of this section) and the same

allowances for travel and other expenses as a judge on active duty

with the court being served.

(5) Any senior judge performing judicial duties pursuant to

recall under paragraph (2) of this subsection shall at all times be

governed by the code of judicial conduct for United States judges

approved by the Judicial Conference of the United States.

(d) Any judge who elects to become a senior judge under

subsection (c) of this section and who thereafter -

(1) accepts civil office or employment under the Government of

the United States (other than the performance of judicial duties

pursuant to recall under subsection (c) of this section);

(2) engages in the practice of law; or

(3) materially violates the code of judicial conduct for United

States judges,

shall cease to be a senior judge and to be eligible for recall

pursuant to subsection (c) of this section.

(e) Any judge of the District Court of Guam, the District Court

of the Northern Mariana Islands, or the District Court of the

Virgin Islands who is removed by the President of the United States

upon the sole ground of mental or physical disability, or who is

not reappointed (as judge of such court), shall be entitled, upon

attaining the age of sixty-five years or upon relinquishing office

if he is then beyond the age of sixty-five years, (1) if his

judicial service, continuous or otherwise, aggregates fifteen years

or more, to receive during the remainder of his life an annuity

equal to the salary he received when he left office, or (2) if his

judicial service, continuous or otherwise, aggregated less than

fifteen years but not less than ten years, to receive during the

remainder of his life an annuity equal to that proportion of such

salary which the aggregate number of his years of his judicial

service bears to fifteen.

(f) Service at any time as a judge of the courts referred to in

subsection (a) or of any other court of the United States, as

defined by section 451 of this title, shall be included in the

computation of aggregate years of judicial service for purposes of

this section.

(g) Any retired judge who is entitled to receive an annuity under

subsection (a) shall be entitled to a cost of living adjustment in

the amount payable to him computed as specified in section 8340(b)

of title 5, except that in no case may the annuity payable to such

retired judge, as increased under this subsection, exceed 95 per

centum of the salary of a United States district judge in regular

active service.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 904; Oct. 31, 1951, ch. 655, Sec.

40, 65 Stat. 724; Feb. 10, 1954, ch. 6, Sec. 5, 68 Stat. 13; Pub.

L. 85-508, Sec. 12(d), July 7, 1958, 72 Stat. 348; Pub. L. 86-3,

Sec. 14(d), Mar. 18, 1959, 73 Stat. 10; Pub. L. 89-571, Sec. 2,

Sept. 12, 1966, 80 Stat. 764; Pub. L. 94-470, Oct. 11, 1976, 90

Stat. 2052; Pub. L. 99-396, Sec. 21(a), Aug. 27, 1986, 100 Stat.

844.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on section 634b and 634c of title 48, U.S.C., 1940 ed.,

Territories and Insular Possessions. [title 28, U.S.C., 1940 ed.,

Secs. 375g, 375g note, 375h] (May 31, 1938, ch. 301, Secs. 1, 2, 52

Stat. 591; Apr. 16, 1946, ch. 139, Secs. 1, 2, 3, 60 Stat. 90, 91).

Section consolidates sections 634b and 634c of title 48, U.S.C.,

1940 ed., as amended and transferred to title 28, U.S.C., 1940 ed.,

as sections 375g and 375h thereof, with changes of phraseology

necessary to effect consolidation.

AMENDMENTS

1986 - Pub. L. 99-396 amended section generally. Prior to

amendment, section read as follows:

"Any 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, who resigns after attaining the age of

seventy years and after serving at least ten years, continuously or

otherwise, or after attaining the age of sixty-five years and after

serving at least fifteen years, continuously or otherwise, shall

continue during the remainder of his life to receive the salary he

received when he relinquished office.

"Any judge of any such courts who is removed by the President of

the United States upon the sole ground of mental or physical

disability, or who fails of reappointment, shall be entitled, upon

attaining the age of sixty-five years or upon relinquishing office

if he is then beyond the age of sixty-five years, (a) if his

judicial service aggregated sixteen years or more, to receive

during the remainder of his life the salary he received when he

relinquished office, or (b) if his judicial service aggregated less

than sixteen years but not less than ten years, to receive during

the remainder of his life that proportion of such salary which the

aggregate number of years of his judicial service bears to sixteen.

"Service at any time in any of the courts referred to in the

first paragraph, or in any other court under appointment by the

President, shall be included in the computation of aggregate years

of judicial service for the purposes of this section.

"Any judge who has retired by resigning under the provisions of

this section, or who is otherwise entitled to payments under this

section, shall be entitled after the effective date of this Act to

a cost-of-living adjustment in the amount payable to him computed

as specified in section 8340(b) of title 5, United States Code:

Provided, however, That in no case shall the salary or amount

payable to such judge as increased under this paragraph exceed 95

per centum of the salary of a United States district court judge in

regular active service."

1976 - Pub. L. 94-470 inserted cost-of-living adjustment

provision, including limitation of payment to amount no greater

than 95 per centum of salary of a United States district court

judge in regular active service.

1966 - Pub. L. 89-571 removed the United States District Court

for District of Puerto Rico from list of courts to which the

provisions of section are applicable.

1959 - Pub. L. 86-3 struck out references to judges of United

States District Court for District of Hawaii and to justices of

Supreme Court of Territory of Hawaii. See section 91 of this title

and notes thereunder.

1958 - Pub. L. 85-508 struck out provisions which related to

District Court for Territory of Alaska. See section 81A of this

title which establishes a United States District Court for the

State of Alaska.

1954 - Act Feb. 10, 1954, among other changes, inserted

provisions for retirement after attaining the age of 65 years and

after serving at least fifteen years continuously or otherwise,

changed period of service in connection with retirement at age 70,

and reduced from 70 to 65 years the age requirement in connection

with payment of salary after removal for mental or physical

disability or failure of reappointment.

1951 - Act Oct. 31, 1951, inserted reference to judge of District

Court of Guam in first par.

EFFECTIVE DATE OF 1986 AMENDMENT

Section 21(c) of Pub. L. 99-396 provided that: "The amendments

made by this section [amending this section and section 376 of this

title] shall not affect the amount payable to a judge who retired

in accordance with the provisions of section 373 of title 28,

United States Code, in effect on the day before the date of

enactment of this Act [Aug. 27, 1986]."

EFFECTIVE DATE OF 1959 AMENDMENT

Amendment by Pub. L. 86-3 effective on admission of State of

Hawaii into the Union, see note set out under section 91 of this

title. Admission of Hawaii into the Union was accomplished Aug. 21,

1959, upon issuance of Proc. No. 3309, Aug. 21, 1959, 25 F.R. 6868,

73 Stat. c74, as required by sections 1 and 7(c) of Pub. L. 86-3,

Mar. 18, 1959, 73 Stat. 4, set out as notes preceding section 491

of Title 48, Territories and Insular Possessions.

EFFECTIVE DATE OF 1958 AMENDMENT

Amendment by Pub. L. 85-508 effective Jan. 3, 1959, upon

admission of Alaska into the Union pursuant to Proc. No. 3269, Jan.

3, 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.

ELECTION, RECALL, STATUS, COMPENSATION, CONDUCT, AND TERMINATION OF

SENIOR JUDGES

Pub. L. 98-454, title X, Sec. 1002, Oct. 5, 1984, 98 Stat. 1745,

provided that:

"(a) Any judge or former judge who is receiving, or will upon

attaining the age of sixty-five years be entitled to receive,

payments pursuant to section 373 of title 28, United States Code[,]

may elect to become a senior judge of the court on which he served

while on active duty.

"(b) The chief judge of a judicial circuit may recall any such

senior judge of his circuit, with the judge's consent, to perform

in the District Court of Guam, the District Court of the Virgin

Islands, or the District Court for the Northern Mariana Islands

such judicial duties and for such periods of time as the chief

judge may specify.

"(c) Any act or failure to act by a senior judge performing

judicial duties pursuant to this section shall have the same force

and effect as if it were the act or failure to act of a judge on

active duty; but such senior judge shall not be counted as a judge

of the court on which he is serving for purposes of the number of

judgeships authorized for that court.

"(d) Any senior judge shall be paid, while performing duties

pursuant to this section, the same compensation (in lieu of

payments pursuant to section 373 of title 28, United States Code)

and the same allowances for travel and other expenses as a judge in

active service.

"(e) Senior judges under subsection (a) of this section shall at

all times be governed by the code of judicial conduct for the

United States judges, approved by the Judicial Conference of the

United States.

"(f) Any person who has elected to be a senior judge under

subsection (a) of this section and who thereafter -

"(1) accepts civil office or employment under the Government of

the United States (other than the performance of judicial duties

pursuant to subsection (b) of this section);

"(2) engages in the practice of law; or

"(3) materially violated the code of judicial conduct for the

United States judges,

shall cease to be a senior judge and to be eligible for recall

pursuant to subsection (b) of this section."

TENURE AND SALARY RIGHTS OF JUDGES IN PUERTO RICO IN OFFICE ON

SEPTEMBER 12, 1966

Amendment by Pub. L. 89-571 not to affect tenure of office or

right to continue to receive salary after resignation, retirement,

or failure of reappointment of any district judge for the District

of Puerto Rico in office on Sept. 12, 1966, see section 4 of Pub.

L. 89-571, set out as a note under section 134 of this title.

PRESERVATION OF RIGHTS OF RETIRED JUDGES OF THE DISTRICT COURT FOR

THE DISTRICT OF HAWAII AND JUSTICES OF THE SUPREME COURT OF THE

TERRITORY OF HAWAII

Section 14(d) of Pub. L. 86-3 provided in part: "That the

amendments made by this subsection shall not affect the rights of

any judge or justice who may have retired before the effective date

of this subsection". See Effective Date of 1959 Amendment note

above.

PRESERVATION OF RIGHTS OF RETIRED JUDGES OF THE DISTRICT COURT FOR

THE TERRITORY OF ALASKA

Section 12(d) of Pub. L. 85-508 provided in part: "That the

amendment made by this subsection shall not affect the rights of

any judge who may have retired before it takes effect". See

Effective Date of 1958 Amendment note above.

JUDICIAL SERVICE IN HAWAII

Certain judicial service in Hawaii included within computation of

aggregate years of judicial service, see section 14(d) of Pub. L.

86-3, set out as a note under section 371 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 376 of this title.

-End-

-CITE-

28 USC Sec. 374 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 17 - RESIGNATION AND RETIREMENT OF JUSTICES AND JUDGES

-HEAD-

Sec. 374. Residence of retired judges; official station

-STATUTE-

Retired judges of the United States are not subject to

restrictions as to residence. The place where a retired judge

maintains the actual abode in which he customarily lives shall be

deemed to be his official station for the purposes of section 456

of this title. The place where a judge or magistrate judge recalled

under section 155, 375, 636, or 797 of this title maintains the

actual abode in which the judge or magistrate judge customarily

lives shall be deemed to be the official station of such judge or

magistrate judge for purposes of section 604(a)(7) of this title.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 904; Pub. L. 86-312, Sec. 1,

Sept. 21, 1959, 73 Stat. 587; Pub. L. 99-651, title II, Sec.

202(b), Nov. 14, 1986, 100 Stat. 3648; Pub. L. 101-650, title III,

Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 402 (Feb. 11, 1938, ch.

23, 52 Stat. 28).

Sections 44 and 133 of this title require that active circuit and

district judges shall reside in the circuit or district to which

appointed.

Changes were made in phraseology.

AMENDMENTS

1986 - Pub. L. 99-651 inserted last sentence.

1959 - Pub. L. 86-312 inserted sentence to provide that place

where retired judge maintains actual abode shall be deemed to be

his official station and inserted "; official station" in section

catchline.

-CHANGE-

CHANGE OF NAME

Words "magistrate judge" substituted for "magistrate" wherever

appearing in text pursuant to section 321 of Pub. L. 101-650, set

out as a note under section 631 of this title.

-MISC2-

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-651 effective Jan. 1, 1987, see section

203 of Pub. L. 99-651, set out as a note under section 155 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 456 of this title.

-End-

-CITE-

28 USC Sec. 375 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 17 - RESIGNATION AND RETIREMENT OF JUSTICES AND JUDGES

-HEAD-

Sec. 375. Recall of certain judges and magistrate judges

-STATUTE-

(a)(1) A bankruptcy judge or a United States magistrate judge

appointed under chapter 43 of this title, who has retired under the

provisions of section 377 of this title or under the applicable

provisions of title 5 upon attaining the age and years of service

requirements established in section 371(c) of this title, may agree

to be recalled to serve under this section for a period of five

years as a bankruptcy judge or magistrate judge, as the case may

be, upon certification that substantial service is expected to be

performed by such retired judge or magistrate judge during such

5-year period. With the agreement of the judge or magistrate judge

involved, a certification under this subsection may be renewed for

successive 5-year periods.

(2) For purposes of paragraph (1) of this subsection, a

certification may be made, in the case of a bankruptcy judge or a

United States magistrate,(!1) by the judicial council of the

circuit in which the official duty station of the judge or

magistrate at the time of retirement was located.

(3) For purposes of this section, the term "bankruptcy judge"

means a bankruptcy judge appointed under chapter 6 of this title or

serving as a bankruptcy judge on March 31, 1984.

(b) A judge or magistrate judge recalled under this section may

exercise all of the powers and duties of the office of judge or

magistrate judge held at the time of retirement, including the

ability to serve in any other judicial district to the extent

applicable, but may not engage in the practice of law or engage in

any other business, occupation, or employment inconsistent with the

expeditious, proper, and impartial performance of duties as a

judicial officer.

(c) During the 5-year period in which a certification under

subsection (a) is in effect, the judge or magistrate judge involved

shall receive, in addition to the annuity provided under the

provisions of section 377 of this title or under the applicable

provisions of title 5, an amount equal to the difference between

that annuity and the current salary of the office to which the

judge or magistrate judge is recalled. The annuity of a bankruptcy

judge or magistrate judge who completes that 5-year period of

service, whose certification is not renewed, and who retired under

section 377 of this title shall be equal to the salary in effect,

at the end of that 5-year period, for the office from which he or

she retired.

(d) A certification under subsection (a) may be terminated in

accordance with chapter 16 of this title, and such a certification

shall be terminated upon the death of the recalled judge or

magistrate judge involved.

(e) Except as provided in subsection (b), nothing in this section

shall affect the right of judges or magistrate judges who retire

under the provisions of chapter 83 or chapter 84 of title 5 to

serve as reemployed annuitants in accordance with the provisions of

title 5. A judge or magistrate judge to whom this section applies

may be recalled under section 155, 636(h), or 797 of this title, as

the case may be, other than during a 5-year period in which a

certification under subsection (a) is in effect with respect to

that judge or magistrate judge.

(f) For purposes of determining the years of service requirements

in order to be eligible for recall under this section, any service

as a bankruptcy judge or a United States magistrate judge, and any

prior service as a referee in bankruptcy or a United States

commissioner, may be credited.

(g) Except as provided in subsection (c), a judge or magistrate

judge recalled under this section who retired under the applicable

provisions of title 5 shall be considered to be a reemployed

annuitant under chapter 83 or chapter 84, as the case may be, of

title 5.

(h) The Judicial Conference of the United States may promulgate

regulations to implement this section.

-SOURCE-

(Added Pub. L. 99-651, title II, Sec. 201(b)(1), Nov. 14, 1986, 100

Stat. 3647; amended Pub. L. 100-659, Sec. 4(b), Nov. 15, 1988, 102

Stat. 3918; Pub. L. 101-650, title III, Secs. 321, 325(b)(2), Dec.

1, 1990, 104 Stat. 5117, 5121; Pub. L. 102-572, title IX, Sec.

904(a), Oct. 29, 1992, 106 Stat. 4517; Pub. L. 107-273, div. C,

title I, Sec. 11043(d), Nov. 2, 2002, 116 Stat. 1855.)

-MISC1-

PRIOR PROVISIONS

A prior section 375, added Aug. 28, 1954, ch. 1053, Sec. 1, 68

Stat. 918; amended Aug. 3, 1956, ch. 944, Sec. 1(b), 70 Stat. 1021;

Aug. 22, 1972, Pub. L. 92-397, Sec. 1, 86 Stat. 579, provided for

annuities to widows of justices, prior to repeal by Pub. L. 96-504,

Sec. 5, Dec. 5, 1980, 94 Stat. 2742.

AMENDMENTS

2002 - Subsec. (d). Pub. L. 107-273 substituted "chapter 16" for

"section 372(c)".

1992 - Subsec. (a)(1). Pub. L. 102-572, Sec. 904(a)(1), struck

out ", a judge of the Claims Court," after "A bankruptcy judge" and

", judge of the Claims Court," after "a bankruptcy judge".

Subsec. (a)(2). Pub. L. 102-572, Sec. 904(a)(2), amended par. (2)

generally. Prior to amendment, par. (2) read as follows: "For

purposes of paragraph (1) of this subsection, a certification may

be made -

"(A) in the case of a bankruptcy judge or a United States

magistrate, by the judicial council of the circuit in which the

official duty station of the judge or magistrate at the time of

retirement was located; and

"(B) in the case of a judge of the Claims Court, by the chief

judge of the United States Claims Court."

Subsec. (a)(3). Pub. L. 102-572, Sec. 904(a)(3), amended par. (3)

generally. Prior to amendment, par. (3) read as follows: "For

purposes of this section -

"(A) the term 'bankruptcy judge' means a bankruptcy judge

appointed under chapter 6 of this title or serving as a

bankruptcy judge on March 31, 1984; and

"(B) the term 'judge of the Claims Court' means a judge of the

United States Claims Court who is appointed under chapter 7 of

this title or who has served under section 167 of the Federal

Courts Improvement Act of 1982."

Subsec. (f). Pub. L. 102-572, Sec. 904(a)(4), struck out ", a

judge of the Claims Court," after "bankruptcy judge" and ", a

commissioner of the Court of Claims," after "referee in

bankruptcy".

1990 - Subsec. (a)(1). Pub. L. 101-650 substituted "section 377

of this title" for "section 377 of title".

1988 - Subsec. (a)(1). Pub. L. 100-659, Sec. 4(b)(1), inserted

"under the provisions of section 377 of title or" after "has

retired".

Subsec. (c). Pub. L. 100-659, Sec. 4(b)(2), inserted "under the

provisions of section 377 of this title or" after "annuity

provided" and inserted at end "The annuity of a bankruptcy judge or

magistrate who completes that 5-year period of service, whose

certification is not renewed, and who retired under section 377 of

this title shall be equal to the salary in effect, at the end of

that 5-year period, for the office from which he or she retired."

Subsec. (g). Pub. L. 100-659, Sec. 4(b)(3), inserted "who retired

under the applicable provisions of title 5" after "section".

-CHANGE-

CHANGE OF NAME

Words "magistrate judge" and "magistrate judges" substituted for

"magistrate" and "magistrates", respectively, wherever appearing in

section catchline and text 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

Amendment by 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 1988 AMENDMENT

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

Section effective Jan. 1, 1987, see section 203 of Pub. L.

99-651, set out as an Effective Date of 1986 Amendment note under

section 155 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 374, 376, 377, 631, 636

of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "United States magistrate

judge,".

-End-

-CITE-

28 USC Sec. 376 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 17 - RESIGNATION AND RETIREMENT OF JUSTICES AND JUDGES

-HEAD-

Sec. 376. Annuities for survivors of certain judicial officials of

the United States

-STATUTE-

(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

(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.

-SOURCE-

(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.)

-REFTEXT-

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.

-MISC1-

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-

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 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."

-SECREF-

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.

-FOOTNOTE-

(!1) So in original. Comma probably should be a semicolon.

-End-

-CITE-

28 USC Sec. 377 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART I - ORGANIZATION OF COURTS

CHAPTER 17 - RESIGNATION AND RETIREMENT OF JUSTICES AND JUDGES

-HEAD-

Sec. 377. Retirement of bankruptcy judges and magistrate judges

-STATUTE-

(a) Retirement Based on Years of Service. - A bankruptcy judge or

magistrate judge to whom this section applies and who retires from

office after attaining the age of 65 years and serving at least 14

years, whether continuously or otherwise, as such bankruptcy judge

or magistrate judge shall, subject to subsection (f), be entitled

to receive, during the remainder of the judge's or magistrate

judge's lifetime, an annuity equal to the salary being received at

the time the judge or magistrate judge leaves office.

(b) Retirement Upon Failure of Reappointment. - A bankruptcy

judge or magistrate judge to whom this section applies, who is not

reappointed following the expiration of the term of office of such

judge or magistrate judge, and who retires upon the completion of

the term shall, subject to subsection (f), be entitled to receive,

upon attaining the age of 65 years and during the remainder of such

bankruptcy judge's or magistrate judge's lifetime, an annuity equal

to that portion of the salary being received at the time the judge

or magistrate judge leaves office which the aggregate number of

years of service, not to exceed 14, bears to 14, if -

(1) such judge or magistrate judge has served at least 1 full

term as a bankruptcy judge or magistrate judge, and

(2) not earlier than 9 months before the date on which the term

of office of such judge or magistrate judge expires, and not

later than 6 months before such date, such judge or magistrate

judge notified the appointing authority in writing that such

judge or magistrate judge was willing to accept reappointment to

the position in which such judge or magistrate judge was serving.

For purposes of this subsection, in the case of a bankruptcy judge,

the written notice required by paragraph (2) shall be given to the

chief judge of the circuit in which such bankruptcy judge is

serving and, in the case of a magistrate judge, such notice shall

be given to the chief judge of the district court in which the

magistrate judge is serving.

(c) Service of at Least 8 Years. - A bankruptcy judge or

magistrate judge to whom this section applies and who retires after

serving at least 8 years, whether continuously or otherwise, as

such a bankruptcy judge or magistrate judge shall, subject to

subsection (f), be entitled to receive, upon attaining the age of

65 years and during the remainder of the judge's or magistrate

judge's lifetime, an annuity equal to that portion of the salary

being received at the time the judge or magistrate judge leaves

office which the aggregate number of years of service, not to

exceed 14, bears to 14. Such annuity shall be reduced by 1/6 of 1

percent for each full month such bankruptcy judge or magistrate

judge was under the age of 65 at the time the judge or magistrate

judge left office, except that such reduction shall not exceed 20

percent.

(d) Retirement for Disability. - A bankruptcy judge or magistrate

judge to whom this section applies, who has served at least 5

years, whether continuously or otherwise, as such a bankruptcy

judge or magistrate judge, and who retires or is removed from

office upon the sole ground of mental or physical disability shall,

subject to subsection (f), be entitled to receive, during the

remainder of the judge's or magistrate judge's lifetime, an annuity

equal to 40 percent of the salary being received at the time of

retirement or removal or, in the case of a judge or magistrate

judge who has served for at least 10 years, an amount equal to that

proportion of the salary being received at the time of retirement

or removal which the aggregate number of years of service, not to

exceed 14, bears to 14.

(e) Cost-of-Living Adjustments. - A bankruptcy judge or

magistrate judge who is entitled to an annuity under this section

is also entitled to a cost-of-living adjustment in such annuity,

calculated and payable in the same manner as adjustments under

section 8340(b) of title 5, except that any such annuity, as

increased under this subsection, may not exceed the salary then

payable for the position from which the judge or magistrate judge

retired or was removed.

(f) Election; Annuity in Lieu of Other Annuities. - A bankruptcy

judge or magistrate judge shall be entitled to an annuity under

this section if the judge or magistrate judge elects an annuity

under this section by notifying the Director of the Administrative

Office of the United States Courts. A bankruptcy judge or

magistrate judge who elects to receive an annuity under this

section shall not be entitled to receive (!1)

(1) any annuity to which such judge or magistrate judge would

otherwise have been entitled under subchapter III of chapter 83,

or under chapter 84 (except for subchapters III and VII), of

title 5, for service performed as such a judge or magistrate

judge or otherwise;

(2) an annuity or salary in senior status or retirement under

section 371 or 372 of this title;

(3) retired pay under section 7447 of the Internal Revenue Code

of 1986; or

(4) retired pay under section 7296 of title 38.

(g) Calculation of Service. - (1) For purposes of calculating an

annuity under this section -

(A) full-time service as a bankruptcy judge or magistrate judge

to whom this section applies may be credited; and

(B) each month of service shall be credited as one-twelfth of a

year, and the fractional part of any month shall not be credited.

(2)(A) In the case of an individual who is a bankruptcy judge to

whom this section applies and who retires under this section or who

is removed from office under subsection (d) upon the sole ground of

mental or physical disability, any service of that individual as a

United States magistrate judge to whom this section applies, and

any service of that individual as a full-time judicial officer who

performed the duties of a magistrate judge and a bankruptcy judge

at the same time, shall be included for purposes of calculating

years of service under subsection (a), (b), (c), or (d), as the

case may be.

(B) In the case of an individual who is a magistrate judge to

whom this section applies and who retires under this section or who

is removed from office under subsection (d) upon the sole ground of

mental or physical disability, any service of that individual as a

bankruptcy judge to whom this section applies, and any service of

that individual as a full-time judicial officer who performed the

duties of magistrate judge and a bankruptcy judge at the same time,

shall be included for purposes of calculating years of service

under subsection (a), (b), (c), or (d), as the case may be.

(h) Covered Positions and Service. - This section applies to -

(1) any bankruptcy judge appointed under -

(A) section 152 of this title;

(B) section 34 of the Bankruptcy Act before the repeal of

that Act by section 401 of the Act of November 6, 1978 (Public

Law 95-598; 92 Stat. 2682); or

(C) section 404 of the Act of November 6, 1978 (Public Law

95-598; 92 Stat. 2549); and

(2) any United States magistrate judge appointed under section

631 of this title,

only with respect to service on or after October 1, 1979, as such a

bankruptcy judge or magistrate judge.

(i) Payments Pursuant to Court Order. - (1) Payments under this

section which would otherwise be made to a bankruptcy judge or

magistrate judge based upon his or her service shall be paid (in

whole or in part) by the Director of the Administrative Office of

the United States Courts 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.

(2) Paragraph (1) shall apply only to payments made by the

Director of the Administrative Office of the United States Courts

after the date of receipt by the Director of written notice of such

decree, order, or agreement, and such additional information as the

Director may prescribe.

(3) As used in this subsection, the term "court" means any court

of any State, the District of Columbia, the Commonwealth of Puerto

Rico, Guam, the Northern Mariana Islands, or the Virgin Islands,

and any Indian tribal court or courts of Indian offense.

(j) Deductions, Contributions, and Deposits. -

(1) Deductions. - Beginning with the next pay period after the

Director of the Administrative Office of the United States Courts

receives a notice under subsection (f) that a bankruptcy judge or

magistrate judge has elected an annuity under this section, the

Director shall deduct and withhold 1 percent of the salary of

such bankruptcy judge or magistrate judge. Amounts shall be so

deducted and withheld in a manner determined by the Director.

Amounts deducted and withheld under this subsection shall be

deposited in the Treasury of the United States to the credit of

the Judicial Officers' Retirement Fund. Deductions under this

subsection from the salary of a bankruptcy judge or magistrate

judge shall terminate upon the retirement of the bankruptcy judge

or magistrate judge or upon completing 14 years of service for

which contributions under this section have been made, whether

continuously or otherwise, as calculated under subsection (g),

whichever occurs first.

(2) Consent to Deductions; Discharge of Claims. - Each

bankruptcy judge or magistrate judge who makes an election under

subsection (f) shall be deemed to consent and agree to the

deductions from salary which are made under paragraph (1).

Payment of such salary less such deductions (and any deductions

made under section 376 of this title) is a full and complete

discharge and acquittance of all claims and demands for all

services rendered by such bankruptcy judge or magistrate judge

during the period covered by such payment, except the right to

those benefits to which the bankruptcy judge or magistrate judge

is entitled under this section (and section 376).

(k) Deposits for Prior Service. - Each bankruptcy judge or

magistrate judge who makes an election under subsection (f) may

deposit, for service performed before such election for which

contributions may be made under this section, an amount equal to 1

percent of the salary received for that service. Credit for any

period covered by that service may not be allowed for purposes of

an annuity under this section until a deposit under this subsection

has been made for that period.

(l) Individual Retirement Records. - The amounts deducted and

withheld under subsection (j), and the amounts deposited under

subsection (k), shall be credited to individual accounts in the

name of each bankruptcy judge or magistrate judge from whom such

amounts are received, for credit to the Judicial Officers'

Retirement Fund.

(m) Annuities Affected in Certain Cases. -

(1) Practicing law after retirement. -

(A) Forfeiture of annuity. - Subject to subparagraph (B), any

bankruptcy judge or magistrate judge who retires under this

section and who thereafter practices law shall forfeit all

rights to an annuity under this section for all periods

beginning on or after the first day on which he or she so

practices law.

(B) Forfeiture not to apply where individual elects to freeze

amount of annuity. - (i) If a bankruptcy judge or magistrate

judge makes an election to practice law after retirement under

this section -

(I) subparagraph (A) shall not apply to such bankruptcy

judge or magistrate judge beginning on the date such election

takes effect, and

(II) the annuity payable under this section to such

bankruptcy judge or magistrate judge, for periods beginning

on or after the date such election takes effect, shall be

equal to the annuity to which such bankruptcy judge or

magistrate judge is entitled on the day before such effective

date.

(ii) An election under clause (i) -

(I) may be made by a bankruptcy judge or magistrate judge

eligible for retirement under this section, and

(II) shall be filed with the Director of the Administrative

Office of the United States Courts.

Such an election, once it takes effect, shall be irrevocable.

(iii) Any election under this subparagraph shall take effect

on the first day of the first month following the month in

which the election is made.

(2) Recall not permitted. - Any bankruptcy judge or magistrate

judge who retires under this section and who thereafter practices

law shall not be eligible for recall under section 155(b), 375,

or 636(h) of this title.

(3) Accepting other employment. - Any bankruptcy judge or

magistrate judge who retires under this section and thereafter

accepts compensation for civil office or employment under the

United States Government (other than for the performance of

functions as a bankruptcy judge or magistrate judge under section

155(b), 375, or 636(h) of this title) shall forfeit all rights to

an annuity under this section for the period for which such

compensation is received. For purposes of this paragraph, the

term "compensation" includes retired pay or salary received in

retired status.

(n) Lump-Sum Payments. -

(1) Eligibility. - (A) Subject to paragraph (2), an individual

who serves as a bankruptcy judge or magistrate judge and -

(i) who leaves office and is not reappointed as a bankruptcy

judge or magistrate judge for at least 31 consecutive days;

(ii) who files an application with the Administrative Office

of the United States Courts for payment of the lump-sum credit;

(iii) is not serving as a bankruptcy judge or magistrate

judge at the time of filing of the application; and

(iv) will not become eligible to receive an annuity under

this section within 31 days after filing the application;

is entitled to be paid the lump-sum credit. Payment of the

lump-sum credit voids all rights to an annuity under this section

based on the service on which the lump-sum credit is based, until

that individual resumes office as a bankruptcy judge or

magistrate judge.

(B) Lump-sum benefits authorized by subparagraphs (C), (D), and

(E) of this paragraph shall be paid to the person or persons

surviving the bankruptcy judge or magistrate judge and alive on

the date title to the payment arises, in the order of precedence

set forth in subsection (o) of section 376 of this title, and in

accordance with the last two sentences of that subsection. For

purposes of the preceding sentence, the term "judicial official"

as used in subsection (o) of section 376 shall be deemed to mean

"bankruptcy judge or magistrate judge".

(C) If a bankruptcy judge or magistrate judge dies before

receiving an annuity under this section, the lump-sum credit

shall be paid.

(D) If all annuity rights under this section based on the

service of a deceased bankruptcy judge or magistrate judge

terminate before the total annuity paid equals the lump-sum

credit, the difference shall be paid.

(E) If a bankruptcy judge or magistrate judge who is receiving

an annuity under this section dies, annuity accrued and unpaid

shall be paid.

(F) Annuity accrued and unpaid on the termination, except by

death, of the annuity of a bankruptcy judge or magistrate judge

shall be paid to that individual.

(G) Subject to paragraph (2), a bankruptcy judge or magistrate

judge who forfeits rights to an annuity under subsection (m)(3)

before the total annuity paid equals the lump-sum credit, shall

be entitled to be paid the difference if the bankruptcy judge or

magistrate judge files an application with the Administrative

Office of the United States Courts for payment of that

difference. A payment under this subparagraph voids all rights to

an annuity on which the payment is based.

(2) Spouses and former spouses. - (A) Payment of the lump-sum

credit under paragraph (1)(A) or a payment under paragraph (1)(G)

-

(i) may be made only if any current spouse and any former

spouse of the bankruptcy judge or magistrate judge are notified

of the bankruptcy judge's or magistrate judge's application;

and

(ii) shall be subject to the terms of a court decree of

divorce, annulment, or legal separation or any court or court

approved property settlement agreement incident to such decree,

if -

(I) the decree, order, or agreement expressly relates to

any portion of the lump-sum credit or other payment involved;

and

(II) payment of the lump-sum credit or other payment would

extinguish entitlement of the bankruptcy judge's or

magistrate judge's spouse or former spouse to any portion of

an annuity under subsection (i).

(B) Notification of a spouse or former spouse under this

paragraph shall be made 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 subparagraph (A)(i) may be waived

with respect to a spouse or former spouse if the bankruptcy judge

or magistrate judge establishes to the satisfaction of the

Director that the whereabouts of such spouse or former spouse

cannot be determined.

(C) The Director shall prescribe regulations under which this

paragraph shall be applied in any case in which the Director

receives two or more orders or decrees described in subparagraph

(A).

(3) Definition. - For purposes of this subsection, the term

"lump-sum credit" means the unrefunded amount consisting of -

(A) retirement deductions made under this section from the

salary of a bankruptcy judge or magistrate judge;

(B) amounts deposited under subsection (k) by a bankruptcy

judge or magistrate judge covering earlier service; and

(C) interest on the deductions and deposits which, for any

calendar year, shall be equal to the overall average yield to

the Judicial Officers' Retirement Fund during the preceding

fiscal year from all obligations purchased by the Secretary of

the Treasury during such fiscal year under subsection (o);

but does not include interest -

(i) if the service covered thereby aggregates 1 year or less;

or

(ii) for the fractional part of a month in the total service.

(o) Judicial Officers' Retirement Fund. -

(1) Establishment. - There is established in the Treasury a

fund which shall be known as the "Judicial Officers' Retirement

Fund". The Fund is appropriated for the payment of annuities,

refunds, and other payments under this section.

(2) Investment of fund. - The Secretary of the Treasury shall

invest, in interest bearing securities of the United States, such

currently available portions of the Judicial Officers' Retirement

Fund as are not immediately required for payments from the Fund.

The income derived from these investments constitutes a part of

the Fund.

(3) Unfunded liability. - (A) There are authorized to be

appropriated to the Judicial Officers' Retirement Fund amounts

required to reduce to zero the unfunded liability of the Fund.

(B) For purposes of subparagraph (A), the term "unfunded

liability" means the estimated excess, determined on an annual

basis in accordance with the provisions of section 9503 of title

31, of the present value of all benefits payable from the

Judicial Officers' Retirement Fund over the sum of -

(i) the present value of deductions to be withheld under this

section from the future basic pay of bankruptcy judges and

magistrate judges; plus

(ii) the balance in the Fund as of the date the unfunded

liability is determined.

In making any determination under this subparagraph, the

Comptroller General shall use the applicable information

contained in the reports filed pursuant to section 9503 of title

31, with respect to the retirement annuities provided for in this

section.

(C) There are authorized to be appropriated such sums as may be

necessary to carry out this paragraph.

-SOURCE-

(Added Pub. L. 100-659, Sec. 2(a), Nov. 15, 1988, 102 Stat. 3910;

amended Pub. L. 101-650, title III, Secs. 321, 325(b)(3), Dec. 1,

1990, 104 Stat. 5117, 5121; Pub. L. 102-40, title IV, Sec.

402(d)(2), May 7, 1991, 105 Stat. 239.)

-REFTEXT-

REFERENCES IN TEXT

Section 7447 of the Internal Revenue Code, referred to in subsec.

(f)(3), is classified to section 7447 of Title 26, Internal Revenue

Code.

Section 34 of the Bankruptcy Act, referred to in subsec.

(h)(1)(B), was classified to section 62 of former Title 11,

Bankruptcy. The Bankruptcy Act was repealed effective Oct. 1, 1979,

by Pub. L. 95-598, Secs. 401(a), 402(a), Nov. 6, 1978, 92 Stat.

2682, section 101 of which enacted revised Title 11.

Section 404 of the Act of November 6, 1978 (Public Law 95-598; 92

Stat. 2549), referred to in subsec. (h)(1)(C), was set out as a

note preceding section 151 of this title prior to repeal by Pub. L.

98-353, title I, Sec. 114, July 10, 1984, 98 Stat. 343.

-MISC1-

AMENDMENTS

1991 - Subsec. (f)(4). Pub. L. 102-40 substituted "section 7296

of title 38" for "section 4096 of title 38".

1990 - Subsec. (f). Pub. L. 101-650, Sec. 325(b)(3)(A),

substituted pars. (1) to (4) for "any annuity to which such judge

or magistrate would otherwise have been entitled under subchapter

III of chapter 83, or under chapter 84 (except for subchapters III

and VII), of title 5."

Subsec. (h). Pub. L. 101-650, Sec. 325(b)(3)(B), substituted "on

or after" for "in or after" in concluding provisions.

-CHANGE-

CHANGE OF NAME

Words "magistrate judge", "magistrate judges", and "magistrate

judge's" substituted for "magistrate", "magistrates", and

"magistrate's", respectively, wherever appearing in section

catchline and text pursuant to section 321 of Pub. L. 101-650, set

out as a note under section 631 of this title.

-MISC2-

EFFECTIVE DATE

Section 9 of Pub. L. 100-659, as amended by Pub. L. 101-650,

title III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117, provided that:

"(a) In General. - Subject to subsection (b), this Act [enacting

this section and section 8440a [now 8440b] of Title 5, Government

Organization and Employees, amending sections 155, 375, 376, 604,

631, and 636 of this title and sections 8334 and 8402 of Title 5,

and enacting provisions set out as notes under this section and

sections 1 and 376 of this title] and the amendments made by this

Act shall take effect on the date of the enactment of this Act

[Nov. 15, 1988] and shall apply to bankruptcy judges and magistrate

judges who retire on or after the date of the enactment of this

Act.

"(b) Exception for Judges and Magistrate Judges Retiring on or

after July 31, 1987. - A bankruptcy judge or magistrate judge who

left office on or after July 31, 1987, and before the date of the

enactment of this Act [Nov. 15, 1988] may elect to receive an

annuity, or to participate in the Judicial Survivors' Annuity

System, under the amendments made by this Act if such bankruptcy

judge or magistrate judge, within 60 days after so leaving office,

accepted office or employment with the United States Government or

a State government or was eligible at the time he or she left

office for an immediate annuity under title 5, United States Code.

Any election under this subsection shall not be valid unless it is

made within 6 months after the date of the enactment of this Act

and under the same conditions as other persons who may make

elections under the amendments made by this Act, except that any

such person who makes an election under this subsection shall not

receive a lump-sum credit under section 8342 or 8424 of title 5,

United States Code, for prior service and shall not be required to

make contributions for prior years of creditable service."

ANNUITY OF QUALIFIED MAGISTRATE JUDGE

Pub. L. 107-116, title V, Sec. 515, Jan. 10, 2002, 115 Stat.

2220, provided that:

"(a) In this section the term 'qualified magistrate judge' means

any person who -

"(1) retired as a magistrate judge before November 15, 1988;

and

"(2) on the date of filing an election under subsection (b) -

"(A) is serving as a recalled magistrate judge on a full-time

basis under section 636(h) of title 28, United States Code; and

"(B) has completed at least 5 years of full-time recall

service.

"(b) The Director of the Administrative Office of the United

States Courts may accept the election of a qualified magistrate

judge to -

"(1) receive an annuity under section 377 of title 28, United

States Code; and

"(2) come within the purview of section 376 of such title.

"(c) Full-time recall service performed by a qualified magistrate

judge shall be credited for service in calculating an annuity

elected under this section.

"(d) The Director of the Administrative Office of the United

States Courts may promulgate regulations to carry out this

section."

RETIREMENT ANNUITIES FOR INCUMBENT BANKRUPTCY JUDGES AND MAGISTRATE

JUDGES

Section 2(c) of Pub. L. 100-659, as amended by Pub. L. 101-650,

title III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117, provided that:

"(1) Retirement annuity under title 5 and section 377 of title

28. - A bankruptcy judge or United States magistrate judge in

active service on the effective date of this Act [see Effective

Date note above] shall, subject to paragraph (2), be entitled, in

lieu of the annuity otherwise provided under the amendments made by

this section [enacting this section] to -

"(A) an annuity under subchapter III of chapter 83, or under

chapter 84, of title 5, United States Code, as the case may be,

for creditable service before the date on which service would

begin to be credited for purposes of subparagraph (B), and

"(B) an annuity calculated under subsection (b) or (c) and

subsection (g) of section 377 of title 28, United States Code, as

added by this section, for any service as a full-time bankruptcy

judge or magistrate judge on or after October 1, 1979 (as

specified in the election pursuant to paragraph (2)) for which

deductions and deposits are made under subsections (j) and (k) of

such section 377, as applicable, without regard to the minimum

number of years of service as such a bankruptcy judge or

magistrate judge, except that -

"(i) in the case of a judge or magistrate judge who retires

with less than 8 years of service, the annuity under subsection

(c) of section 377 of title 28, United States Code, shall be

equal to that proportion of the salary being received at the

time the judge or magistrate judge leaves office which the

years of service bears to 14, subject to a reduction in

accordance with subsection (c) of such section 377 if the

bankruptcy judge or magistrate judge is under age 65 at the

time he or she leaves office, and

"(ii) the aggregate amount of the annuity initially payable

on retirement under this subsection may not exceed the rate of

pay for the bankruptcy judge or magistrate judge which is in

effect on the day before the retirement becomes effective.

"(2) Filing of notice of election. - A bankruptcy judge or

magistrate judge shall be entitled to an annuity under this

subsection only if the judge or magistrate judge files a notice of

that election with the Director of the Administrative Office of the

United States Courts specifying the date on which service would

begin to be credited under section 377 of title 28, United States

Code, in lieu of chapter 83 or chapter 84 of title 5, United States

Code.

"(3) Lump-sum credit under title 5. - A bankruptcy judge or

magistrate judge who makes an election under paragraph (2) shall be

entitled to a lump-sum credit under section 8342 or 8424 of title

5, United States Code, as the case may be, for any service which is

covered under section 377 of title 28, United States Code, as added

by this section, pursuant to that election, and with respect to

which any contributions were made by the judge or magistrate judge

under the applicable provisions of title 5, United States Code.

"(4) Recall. - With respect to any bankruptcy judge or magistrate

judge receiving an annuity under this subsection who is recalled to

serve under section 375 of title 28, United States Code -

"(A) the amount of compensation which such recalled judge or

magistrate judge receives under subsection (c) of such section

shall be calculated on the basis of the annuity received under

this subsection; and

"(B) such recalled judge or magistrate judge may serve as a

reemployed annuitant to the extent permitted by subsection (e) of

section 375 of such title.

Section 377(m)(3) of title 28, United States Code, as added by

subsection (a) of this section, shall not apply with respect to

service as a reemployed annuitant described in subparagraph (B)."

REPORT TO CONGRESS ON FINANCIAL OPERATION OF RETIREMENT ANNUITY

PROGRAM

Section 8 of Pub. L. 100-659 provided that: "The Director of the

Administrative Office of the United States Courts shall, not later

than 5 years after the date of the enactment of this Act [Nov. 15,

1988], submit a report to the Congress on the financial operation

of the retirement annuity program established under this Act and

the amendments made by this Act [see Effective Date note above].

The report shall, in particular, include a discussion of the

deductions from salary and deposits made for contributions to the

annuity program and the need for continuing the deductions at the

level established under the amendments made by this Act."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 155, 364, 375, 376, 604,

636 of this title; title 5 sections 8334, 8402, 8440b.

-FOOTNOTE-

(!1) So in original. Probably should be "receive - ".

-End-