II 

Calendar No. 88 

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 

JUNE 25, 2009 

Reported by Mr. LEAHY, without amendment 

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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Judicial Survivors Pro3 tection Act of 2009’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

6 (1) The term ‘‘judicial official’’ refers to incum7 bent officials defined under section 376(a) of title 

8 28, United States Code. 

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

10 Fund’’ means the fund established under section 3 

11 of the Judicial Survivors’ Annuities Reform Act (28 

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

13 2611). 

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

15 System’’ means the program established under sec16 tion 376 of title 28, United States Code. 

17 SEC. 3. PERSONS NOT CURRENTLY PARTICIPATING IN THE 

18 JUDICIAL SURVIVORS’ ANNUITIES SYSTEM. 

19 (a) ELECTION OF JUDICIAL SURVIVORS’ ANNUITIES

20 SYSTEM COVERAGE.—An eligible judicial official may 

21 elect to participate in the Judicial Survivors’ Annuities 

22 System during the open enrollment period specified in sub23 section (d). 

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

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

26 person making the election, and received by the Director 


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1 of the Administrative Office of the United States Courts 

2 before the end of the open enrollment period. 

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

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

5 calendar month following the month in which the election 

6 is received by the Director. 

7 (d) OPEN ENROLLMENT PERIOD DEFINED.—The 

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

9 period beginning 30 days after the date of enactment of 

10 this Act. 

11 SEC. 4. JUDICIAL OFFICERS’ CONTRIBUTIONS FOR OPEN 

12 ENROLLMENT ELECTION. 

13 (a) CONTRIBUTION RATE.—Every active judicial offi14 cial who files a written notification of his or her intention 

15 to participate in the Judicial Survivors’ Annuities System 

16 during the open enrollment period shall be deemed thereby 

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

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

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

20 except that the deduction from any retirement salary— 

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

22 retired from regular active service under section 

23 371(b) or 372(a) of title 28, United States Code; 


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

2 Federal Claims retired under section 178 of title 28, 

3 United States Code; or 

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

5 155(b), 373(c)(4), 375, or 636(h) of title 28, United 

6 States Code, 

7 shall be an amount equal to 2.75 percent of retirement 

8 salary. 

9 (b) CONTRIBUTIONS TO BE CREDITED TO JUDICIAL

10 SURVIVORS’ ANNUITIES FUND.—Contributions made 

11 under subsection (a) shall be credited to the Judicial Sur12 vivors’ Annuities Fund. 

13 SEC. 5. DEPOSIT FOR PRIOR CREDITABLE SERVICE. 

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

15 files a written notification of his or her intention to par16 ticipate in the Judicial Survivors’ Annuities System during 

17 the open enrollment period may make a deposit equaling 

18 2.75 percent of salary, plus 3 percent annual, compounded 

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

20 the credit for prior judicial service required for immediate 

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

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

23 open enrollment period. 

24 (b) DEPOSITS TO BE CREDITED TO JUDICIAL SUR25 VIVORS’ ANNUITIES FUND.—Deposits made under subVerDate Nov 24 2008 00:24 Jun 26, 2009 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1107.RS S1107

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1 section (a) shall be credited to the Judicial Survivors’ An2 nuities Fund. 

3 SEC. 6. VOLUNTARY CONTRIBUTIONS TO ENLARGE SUR4 VIVORS’ ANNUITY. 

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

6 amended by adding at the end the following: 

7 ‘‘(y) For each year of Federal judicial service com8 pleted, judicial officials who are enrolled in the Judicial 

9 Survivors’ Annuities System on the date of enactment of 

10 the Judicial Survivors Protection Act of 2009 may pur11 chase, in 3-month increments, up to an additional year 

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

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

14 Judicial Survivors’ Annuities System during the statutory 

15 open enrollment period authorized under the Judicial Sur16 vivors Protection Act of 2009, for each year of Federal 

17 judicial service completed, such an official may purchase, 

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

19 credit for each year of Federal judicial service completed, 

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

21 SEC. 7. EFFECTIVE DATE. 

22 This Act, including the amendment made by section 

23 6, shall take effect on the date of enactment of this Act. 


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Calendar No. 88 

111TH CONGRESS 

1ST SESSION S. 1107 

A BILL 

To amend title 28, United States Code, to provide 

their death, and for other purposes. for their spouse and dependent children upon tem and begin contributing toward an annuity to opt into the Judicial Survivors’ Annuities Sysfor a limited 6-month period for Federal judges 

JUNE 25, 2009 

Reported without amendment 


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