II 

111TH CONGRESS 

1ST SESSION S. 1107 

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. 

IN THE SENATE OF THE UNITED STATES 

MAY 20, 2009 

Mr. DURBIN (for himself, Mr. GRAHAM, and Mr. HATCH ) introduced the following bill; which was read twice and referred to the Committee on the 

Judiciary 

A BILL 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Judicial Survivors Pro5 tection Act of 2009’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) The term ‘‘judicial official’’ refers to incum2 bent officials defined under section 376(a) of title 

3 28, United States Code. 

4 (2) The term ‘‘Judicial Survivors’ Annuities 

5 Fund’’ means the fund established under section 3 

6 of the Judicial Survivors’ Annuities Reform Act (28 

7 U.S.C. 376 note; Public Law 94–554; 90 Stat. 

8 2611). 

9 (3) The term ‘‘Judicial Survivors’ Annuities 

10 System’’ means the program established under sec11 tion 376 of title 28, United States Code. 

12 SEC. 3. PERSONS NOT CURRENTLY PARTICIPATING IN THE 

13 JUDICIAL SURVIVORS’ ANNUITIES SYSTEM. 

14 (a) ELECTION OF JUDICIAL SURVIVORS’ ANNUITIES

15 SYSTEM COVERAGE.—An eligible judicial official may 

16 elect to participate in the Judicial Survivors’ Annuities 

17 System during the open enrollment period specified in sub18 section (d). 

19 (b) MANNER OF MAKING ELECTIONS.—An election 

20 under this section shall be made in writing, signed by the 

21 person making the election, and received by the Director 

22 of the Administrative Office of the United States Courts 

23 before the end of the open enrollment period. 

24 (c) EFFECTIVE DATE FOR ELECTIONS.—Any such 

25 election shall be effective as of the first day of the first 


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1 calendar month following the month in which the election 

2 is received by the Director. 

3 (d) OPEN ENROLLMENT PERIOD DEFINED.—The 

4 open enrollment period under this section is the 6-month 

5 period beginning 30 days after the date of enactment of 

6 this Act. 

7 SEC. 4. JUDICIAL OFFICERS’ CONTRIBUTIONS FOR OPEN 

8 ENROLLMENT ELECTION. 

9 (a) CONTRIBUTION RATE.—Every active judicial offi10 cial who files a written notification of his or her intention 

11 to participate in the Judicial Survivors’ Annuities System 

12 during the open enrollment period shall be deemed thereby 

13 to consent and agree to having deducted from his or her 

14 salary a sum equal to 2.75 percent of that salary or a 

15 sum equal to 3.5 percent of his or her retirement salary, 

16 except that the deduction from any retirement salary— 

17 (1) of a justice or judge of the United States 

18 retired from regular active service under section 

19 371(b) or 372(a) of title 28, United States Code; 

20 (2) of a judge of the United States Court of 

21 Federal Claims retired under section 178 of title 28, 

22 United States Code; or 

23 (3) of a judicial official on recall under section 

24 155(b), 373(c)(4), 375, or 636(h) of title 28, United 

25 States Code, 


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1 shall be an amount equal to 2.75 percent of retirement 

2 salary. 

3 (b) CONTRIBUTIONS TO BE CREDITED TO JUDICIAL

4 SURVIVORS’ ANNUITIES FUND.—Contributions made 

5 under subsection (a) shall be credited to the Judicial Sur6 vivors’ Annuities Fund. 

7 SEC. 5. DEPOSIT FOR PRIOR CREDITABLE SERVICE. 

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

9 files a written notification of his or her intention to par10 ticipate in the Judicial Survivors’ Annuities System during 

11 the open enrollment period may make a deposit equaling 

12 2.75 percent of salary, plus 3 percent annual, compounded 

13 interest, for the last 18 months of prior service, to receive 

14 the credit for prior judicial service required for immediate 

15 coverage and protection of the official’s survivors. Any 

16 such deposit shall be made on or before the closure of the 

17 open enrollment period. 

18 (b) DEPOSITS TO BE CREDITED TO JUDICIAL SUR19 VIVORS’ ANNUITIES FUND.—Deposits made under sub20 section (a) shall be credited to the Judicial Survivors’ An21 nuities Fund. 

22 SEC. 6. VOLUNTARY CONTRIBUTIONS TO ENLARGE SUR23 VIVORS’ ANNUITY. 

24 Section 376 of title 28, United States Code, is 

25 amended by adding at the end the following: 


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1 ‘‘(y) For each year of Federal judicial service com2 pleted, judicial officials who are enrolled in the Judicial 

3 Survivors’ Annuities System on the date of enactment of 

4 the Judicial Survivors Protection Act of 2009 may pur5 chase, in 3-month increments, up to an additional year 

6 of service credit, under the terms set forth in this section. 

7 In the case of judicial officials who elect to enroll in the 

8 Judicial Survivors’ Annuities System during the statutory 

9 open enrollment period authorized under the Judicial Sur10 vivors Protection Act of 2009, for each year of Federal 

11 judicial service completed, such an official may purchase, 

12 in 3-month increments, up to an additional year of service 

13 credit for each year of Federal judicial service completed, 

14 under the terms set forth in section 4(a) of that Act.’’. 

15 SEC. 7. EFFECTIVE DATE. 

16 This Act, including the amendment made by section 

17 6, shall take effect on the date of enactment of this Act. 

Æ 


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