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 Judi-
cial Survivors’ Annuities System and begin contributing 
toward an annuity for their spouse and dependent chil-
dren upon their death, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Judicial Survivors Pro-
tection Act of 2009’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
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(1) DIRECTOR.—The term ‘‘Director’’ means 
the Director of the Administrative Office of the 
United States Courts. 
(2) JUDICIAL
OFFICIAL.—The term ‘‘judicial 
official’’ means an individual who is a judicial offi-
cial, as defined in section 376(a) of title 28, United 
States Code, on the date of enactment of this Act. 
(3) JUDICIAL SURVIVORS’ ANNUITIES FUND.— 
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). 
(4) JUDICIAL
SURVIVORS’ 
ANNUITIES
SYS-
TEM.—The term ‘‘Judicial Survivors’ Annuities Sys-
tem’’ means the program established under section 
376 of title 28, United States Code. 
(5) OPEN
ENROLLMENT
PERIOD.—The term 
‘‘open enrollment period’’ means the 6-month period 
beginning on the 30th day after the date of enact-
ment of this Act. 
SEC. 3. PERSONS NOT CURRENTLY PARTICIPATING IN THE 
JUDICIAL SURVIVORS’ ANNUITIES SYSTEM. 
(a) ELECTION OF JUDICIAL SURVIVORS’ ANNUITIES 
SYSTEM COVERAGE.—Any judicial official may elect to 
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participate in the Judicial Survivors’ Annuities System 
during the open enrollment period. 
(b) MANNER OF MAKING ELECTIONS.—An election 
under this section is valid only if it is made in writing, 
is signed by the person making the election, and is re-
ceived by the Director before the end of the open enroll-
ment period. 
(c) EFFECTIVE DATE FOR ELECTIONS.—An election 
under this section 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 under subsection (b). 
SEC. 4. JUDICIAL OFFICERS’ CONTRIBUTIONS FOR OPEN 
ENROLLMENT ELECTION. 
(a) CONTRIBUTION RATE.—Any judicial official who 
files a written election under section 3(b), during the open 
enrollment period, of his or her intention to participate 
in the Judicial Survivors’ Annuities System 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 and a sum equal to 3.5 percent of his or her retire-
ment salary, except that the deduction from any retire-
ment 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, 
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(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 Sur-
vivors’ Annuities Fund. 
SEC. 5. DEPOSIT FOR PRIOR CREDITABLE SERVICE. 
(a) LUMP SUM DEPOSIT.—Any judicial official who 
files a written election under section 3(b), during the open 
enrollment period, of his or her intention to participate 
in the Judicial Survivors’ Annuities System may make a 
deposit equaling 2.75 percent of salary, plus 3 percent in-
terest, compounded annually, for the last 18 months of 
creditable civilian service, as computed in accordance with 
section 376(k) of title 28, United States Code, in order 
to receive the credit for prior judicial service required for 
the payment of a survivor’s annuity (under section 376 
of such title) beginning on the date of death of the judicial 
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official. Any such deposit shall be made on or before the 
last day of the open enrollment period. 
(b) DEPOSITS TO BE CREDITED TO JUDICIAL SUR-
VIVORS’ ANNUITIES FUND.—Deposits made under sub-
section (a) shall be credited to the Judicial Survivors’ An-
nuities Fund. 
SEC. 6. VOLUNTARY CONTRIBUTIONS TO ENLARGE SUR-
VIVORS’ ANNUITY. 
Section 376 of title 28, United States Code, is 
amended by adding at the end the following: 
‘‘(y) PURCHASE OF ADDITIONAL COVERAGE.— 
‘‘(1) FOR
THOSE
ALREADY
ENROLLED.—Any 
judicial official who is enrolled in the Judicial Sur-
vivors’ Annuities System, other than a judicial offi-
cial to whom paragraph (2) applies, may purchase, 
in 3-month increments, for each year of creditable 
service completed, up to an additional year of cred-
itable service, under the terms set forth in sub-
section (b) of this section. This paragraph applies to 
a judicial official without regard to any contributions 
made by such official under subsection (d). 
‘‘(2) FOR THOSE ENROLLED UNDER JUDICIAL 
SURVIVORS PROTECTION ACT OF 2009.—Any judicial 
official who elects to enroll in the Judicial Survivors’ 
Annuities System during the open enrollment period 
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authorized under the Judicial Survivors Protection 
Act of 2009 may purchase, in 3-month increments, 
for each year of creditable service completed, up to 
an additional year of creditable service, under the 
terms set forth in section 4(a) of that Act. 
‘‘(3) DEFINITIONS.—In this subsection: 
‘‘(A) JUDICIAL
SURVIVORS’ 
ANNUITIES 
SYSTEM.—The term ‘Judicial Survivors’ Annu-
ities System’ means the annuity program estab-
lished under this section. 
‘‘(B) CREDITABLE
SERVICE.—The term 
‘creditable service’ means the service rendered 
by a judicial official in any position described in 
paragraph (1) of subsection (a).’’. 
SEC. 7. EFFECTIVE DATE. 
This Act and the amendment made by this Act shall 
take effect on the date of enactment of this Act. 
Æ 
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