-CITE-
    28 USC CHAPTER 17 - RESIGNATION AND RETIREMENT OF
           JUSTICES AND JUDGES                             01/03/2007

-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                                             01/03/2007

-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]."

-End-

-CITE-
    28 USC Sec. 372                                             01/03/2007

-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.

-End-

-CITE-
    28 USC Sec. 373                                             01/03/2007

-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.

-End-

-CITE-
    28 USC Sec. 374                                             01/03/2007

-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.

-End-

-CITE-
    28 USC Sec. 375                                             01/03/2007

-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.

-FOOTNOTE-
    (!1) So in original. Probably should be "United States magistrate
         judge,".

-End-

-CITE-
    28 USC Sec. 376                                             01/03/2007

-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 GAO                           
      Pub. L. 102-572, title II, Sec. 201(l), Oct. 29, 1992, 106 Stat.
    4511, required that the Comptroller General conduct an audit of the
    judicial survivors' annuities program under section 376 of title 28
    for the 3-year period beginning on Oct. 29, 1992, and report to
    Congress on the results of such audit, comparing such program to
    other survivors' annuities programs within the Federal Government,
    not later than 60 days after the end of that 3-year period.

                     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."

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

-End-

-CITE-
    28 USC Sec. 377                                             01/03/2007

-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."

-FOOTNOTE-               

    (!1) So in original. Probably should be "receive - ".

-End-