I 

111TH CONGRESS 

1ST SESSION H. R. 3292 

To amend title 28, United States Code, to provide for a 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 HOUSE OF REPRESENTATIVES 

JULY 22, 2009 

Mr. JOHNSON of Georgia (for himself, Mr. CONYERS, Mr. SMITH of Texas, 

Mr. COBLE, and Mrs. BIGGERT) introduced the following bill; which was 

referred to the Committee on the Judiciary 

A BILL 

To amend title 28, United States Code, to provide for a 

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) DIRECTOR.—The term ‘‘Director’’ means 

2 the Director of the Administrative Office of the 

3 United States Courts. 

4 (2) JUDICIAL OFFICIAL.—The term ‘‘judicial 

5 official’’ means an individual who is a judicial offi6 cial, as defined in section 376(a) of title 28, United 

7 States Code, on the date of enactment of this Act. 

8 (3) JUDICIAL SURVIVORS’ ANNUITIES FUND.— 

9 The term ‘‘Judicial Survivors’ Annuities Fund’’ 

10 means the fund established under section 3 of the 

11 Judicial Survivors’ Annuities Reform Act (28 U.S.C. 

12 376 note; Public Law 94–554; 90 Stat. 2611). 

13 (4) JUDICIAL SURVIVORS’ ANNUITIES SYS14 TEM.—The term ‘‘Judicial Survivors’ Annuities Sys15 tem’’ means the program established under section 

16 376 of title 28, United States Code. 

17 (5) OPEN ENROLLMENT PERIOD.—The term 

18 ‘‘open enrollment period’’ means the 6-month period 

19 beginning on the 30th day after the date of enact20 ment of this Act. 

21 SEC. 3. PERSONS NOT CURRENTLY PARTICIPATING IN THE 

22 JUDICIAL SURVIVORS’ ANNUITIES SYSTEM. 

23 (a) ELECTION OF JUDICIAL SURVIVORS’ ANNUITIES

24 SYSTEM COVERAGE.—Any judicial official may elect to 


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1 participate in the Judicial Survivors’ Annuities System 

2 during the open enrollment period. 

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

4 under this section is valid only if it is made in writing, 

5 is signed by the person making the election, and is re6 ceived by the Director before the end of the open enroll7 ment period. 

8 (c) EFFECTIVE DATE FOR ELECTIONS.—An election 

9 under this section shall be effective as of the first day of 

10 the first calendar month following the month in which the 

11 election is received by the Director under subsection (b). 

12 SEC. 4. JUDICIAL OFFICERS’ CONTRIBUTIONS FOR OPEN 

13 ENROLLMENT ELECTION. 

14 (a) CONTRIBUTION RATE.—Any judicial official who 

15 files a written election under section 3(b), during the open 

16 enrollment period, of his or her intention to participate 

17 in the Judicial Survivors’ Annuities System shall be 

18 deemed thereby to consent and agree to having deducted 

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

20 salary and a sum equal to 3.5 percent of his or her retire21 ment salary, except that the deduction from any retire22 ment salary— 

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

24 retired from regular active service under section 

25 371(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 election under section 3(b), during the open 

16 enrollment period, of his or her intention to participate 

17 in the Judicial Survivors’ Annuities System may make a 

18 deposit equaling 2.75 percent of salary, plus 3 percent in19 terest, compounded annually, for the last 18 months of 

20 creditable civilian service, as computed in accordance with 

21 section 376(k) of title 28, United States Code, in order 

22 to receive the credit for prior judicial service required for 

23 the payment of a survivor’s annuity (under section 376 

24 of such title) beginning on the date of death of the judicial 


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1 official. Any such deposit shall be made on or before the 

2 last day of the 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) PURCHASE OF ADDITIONAL COVERAGE.— 

12 ‘‘(1) FOR THOSE ALREADY ENROLLED.—Any 

13 judicial official who is enrolled in the Judicial Sur14 vivors’ Annuities System, other than a judicial offi15 cial to whom paragraph (2) applies, may purchase, 

16 in 3-month increments, for each year of creditable 

17 service completed, up to an additional year of cred18 itable service, under the terms set forth in sub19 section (b) of this section. This paragraph applies to 

20 a judicial official without regard to any contributions 

21 made by such official under subsection (d). 

22 ‘‘(2) FOR THOSE ENROLLED UNDER JUDICIAL

23 SURVIVORS PROTECTION ACT OF 2009.—Any judicial 

24 official who elects to enroll in the Judicial Survivors’ 

25 Annuities System during the open enrollment period 


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1 authorized under the Judicial Survivors Protection 

2 Act of 2009 may purchase, in 3-month increments, 

3 for each year of creditable service completed, up to 

4 an additional year of creditable service, under the 

5 terms set forth in section 4(a) of that Act. 

6 ‘‘(3) DEFINITIONS.—In this subsection: 

7 ‘‘(A) JUDICIAL SURVIVORS’ ANNUITIES

8 SYSTEM.—The term ‘Judicial Survivors’ Annu9 ities System’ means the annuity program estab10 lished under this section. 

11 ‘‘(B) CREDITABLE SERVICE.—The term 

12 ‘creditable service’ means the service rendered 

13 by a judicial official in any position described in 

14 paragraph (1) of subsection (a).’’. 

15 SEC. 7. EFFECTIVE DATE. 

16 This Act and the amendment made by this Act shall 

17 take effect on the date of enactment of this Act. 

Æ 


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