S. 1107 

One Hundred Eleventh Congress 

of the 

United States of America 

AT THE FIRST SESSION 

Begun and held at the City of Washington on Tuesday, 

the sixth day of January, two thousand and nine 

An Act 

To amend title 28, United States Code, to provide for a limited 6-month period 

for Federal judges to opt into the Judicial Survivors’ Annuities System and 

begin contributing toward an annuity for their spouse and dependent children 

upon their death, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Judicial Survivors Protection 

Act of 2009’’. 

SEC. 2. DEFINITIONS. 

In this Act: 

(1) The term ‘‘judicial official’’ refers to incumbent officials 

defined under section 376(a) of title 28, United States Code. 

(2) The term ‘‘Judicial Survivors’ Annuities Fund’’ means 

the fund established under section 3 of the Judicial Survivors’ 

Annuities Reform Act (28 U.S.C. 376 note; Public Law 94– 

554; 90 Stat. 2611). 

(3) The term ‘‘Judicial Survivors’ Annuities System’’ means 

the program established under section 376 of title 28, United 

States Code. 

SEC. 3. PERSONS NOT CURRENTLY PARTICIPATING IN THE JUDICIAL 

SURVIVORS’ ANNUITIES SYSTEM. 

(a) ELECTION OF JUDICIAL SURVIVORS’ ANNUITIES SYSTEM COVERAGE.—An eligible judicial official may elect to participate in the 

Judicial Survivors’ Annuities System during the open enrollment 

period specified in subsection (d). 

(b) MANNER OF MAKING ELECTIONS.—An election under this 

section shall be made in writing, signed by the person making 

the election, and received by the Director of the Administrative 

Office of the United States Courts before the end of the open 

enrollment period. 

(c) EFFECTIVE DATE FOR ELECTIONS.—Any such election shall 

be effective as of the first day of the first calendar month following 

the month in which the election is received by the Director. 

(d) OPEN ENROLLMENT PERIOD DEFINED.—The open enrollment 

period under this section is the 6-month period beginning 30 days 

after the date of enactment of this Act. 

SEC. 4. JUDICIAL OFFICERS’ CONTRIBUTIONS FOR OPEN ENROLLMENT ELECTION. 

(a) CONTRIBUTION RATE.—Every active judicial official who files 

a written notification of his or her intention to participate in the 
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Judicial Survivors’ Annuities System during the open enrollment 

period shall be deemed thereby to consent and agree to having 

deducted from his or her salary a sum equal to 2.75 percent of 

that salary or a sum equal to 3.5 percent of his or her retirement 

salary, except that the deduction from any retirement salary— 

(1) of a justice or judge of the United States retired from 

regular active service under section 371(b) or 372(a) of title 

28, United States Code; 

(2) of a judge of the United States Court of Federal Claims 

retired under section 178 of title 28, United States Code; or 

(3) of a judicial official on recall under section 155(b), 

373(c)(4), 375, or 636(h) of title 28, United States Code, 

shall be an amount equal to 2.75 percent of retirement salary. 

(b) CONTRIBUTIONS TO BE CREDITED TO JUDICIAL SURVIVORS’ 

ANNUITIES FUND.—Contributions made under subsection (a) shall 

be credited to the Judicial Survivors’ Annuities Fund. 

SEC. 5. DEPOSIT FOR PRIOR CREDITABLE SERVICE. 

(a) LUMP SUM DEPOSIT.—Any judicial official who files a written 

notification of his or her intention to participate in the Judicial 

Survivors’ Annuities System during the open enrollment period 

may make a deposit equaling 2.75 percent of salary, plus 3 percent 

annual, compounded interest, for the last 18 months of prior service, 

to receive the credit for prior judicial service required for immediate 

coverage and protection of the official’s survivors. Any such deposit 

shall be made on or before the closure of the open enrollment 

period. 

(b) DEPOSITS TO BE CREDITED TO JUDICIAL SURVIVORS’ ANNUITIES FUND.—Deposits made under subsection (a) shall be credited 

to the Judicial Survivors’ Annuities Fund. 

SEC. 6. VOLUNTARY CONTRIBUTIONS TO ENLARGE SURVIVORS’ 

ANNUITY. 

Section 376 of title 28, United States Code, is amended by 

adding at the end the following: 

‘‘(y) For each year of Federal judicial service completed, judicial 

officials who are enrolled in the Judicial Survivors’ Annuities 

System on the date of enactment of the Judicial Survivors Protection 

Act of 2009 may purchase, in 3-month increments, up to an additional year of service credit, under the terms set forth in this 

section. In the case of judicial officials who elect to enroll in the 

Judicial Survivors’ Annuities System during the statutory open 

enrollment period authorized under the Judicial Survivors Protection Act of 2009, for each year of Federal judicial service completed, 

such an official may purchase, in 3-month increments, up to an 

additional year of service credit for each year of Federal judicial 

service completed, under the terms set forth in section 4(a) of 

that Act.’’. 
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SEC. 7. EFFECTIVE DATE. 

This Act, including the amendment made by section 6, shall 

take effect on the date of enactment of this Act. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.