I 

111TH CONGRESS 

1ST SESSION S. 1107 

IN THE HOUSE OF REPRESENTATIVES 

JULY 10, 2009 

Referred to the Committee on the Judiciary 

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. 


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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: 

8 (1) The term ‘‘judicial official’’ refers to incum9 bent officials defined under section 376(a) of title 

10 28, United States Code. 

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

12 Fund’’ means the fund established under section 3 

13 of the Judicial Survivors’ Annuities Reform Act (28 

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

15 2611). 

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

17 System’’ means the program established under sec18 tion 376 of title 28, United States Code. 

19 SEC. 3. PERSONS NOT CURRENTLY PARTICIPATING IN THE 

20 JUDICIAL SURVIVORS’ ANNUITIES SYSTEM. 

21 (a) ELECTION OF JUDICIAL SURVIVORS’ ANNUITIES

22 SYSTEM COVERAGE.—An eligible judicial official may 

23 elect to participate in the Judicial Survivors’ Annuities 

24 System during the open enrollment period specified in sub25 section (d). 


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

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

3 person making the election, and received by the Director 

4 of the Administrative Office of the United States Courts 

5 before the end of the open enrollment period. 

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

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

8 calendar month following the month in which the election 

9 is received by the Director. 

10 (d) OPEN ENROLLMENT PERIOD DEFINED.—The 

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

12 period beginning 30 days after the date of enactment of 

13 this Act. 

14 SEC. 4. JUDICIAL OFFICERS’ CONTRIBUTIONS FOR OPEN 

15 ENROLLMENT ELECTION. 

16 (a) CONTRIBUTION RATE.—Every active judicial offi17 cial who files a written notification of his or her intention 

18 to participate in the Judicial Survivors’ Annuities System 

19 during the open enrollment period shall be deemed thereby 

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

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

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

23 except that the deduction from any retirement salary— 


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

2 retired from regular active service under section 

3 371(b) or 372(a) of title 28, United States Code; 

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

5 Federal Claims retired under section 178 of title 28, 

6 United States Code; or 

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

8 155(b), 373(c)(4), 375, or 636(h) of title 28, United 

9 States Code, 

10 shall be an amount equal to 2.75 percent of retirement 

11 salary. 

12 (b) CONTRIBUTIONS TO BE CREDITED TO JUDICIAL

13 SURVIVORS’ ANNUITIES FUND.—Contributions made 

14 under subsection (a) shall be credited to the Judicial Sur15 vivors’ Annuities Fund. 

16 SEC. 5. DEPOSIT FOR PRIOR CREDITABLE SERVICE. 

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

18 files a written notification of his or her intention to par19 ticipate in the Judicial Survivors’ Annuities System during 

20 the open enrollment period may make a deposit equaling 

21 2.75 percent of salary, plus 3 percent annual, compounded 

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

23 the credit for prior judicial service required for immediate 

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


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

2 open enrollment period. 

3 (b) DEPOSITS TO BE CREDITED TO JUDICIAL SUR4 VIVORS’ ANNUITIES FUND.—Deposits made under sub5 section (a) shall be credited to the Judicial Survivors’ An6 nuities Fund. 

7 SEC. 6. VOLUNTARY CONTRIBUTIONS TO ENLARGE SUR8 VIVORS’ ANNUITY. 

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

10 amended by adding at the end the following: 

11 ‘‘(y) For each year of Federal judicial service com12 pleted, judicial officials who are enrolled in the Judicial 

13 Survivors’ Annuities System on the date of enactment of 

14 the Judicial Survivors Protection Act of 2009 may pur15 chase, in 3-month increments, up to an additional year 

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

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

18 Judicial Survivors’ Annuities System during the statutory 

19 open enrollment period authorized under the Judicial Sur20 vivors Protection Act of 2009, for each year of Federal 

21 judicial service completed, such an official may purchase, 

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

23 credit for each year of Federal judicial service completed, 

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


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1 SEC. 7. EFFECTIVE DATE. 

2 This Act, including the amendment made by section 

3 6, shall take effect on the date of enactment of this Act. 

Passed the Senate July 10, 2009. 

Attest: NANCY ERICKSON, 

Secretary. 


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