Judicial Survivors Protection Act of 2009
PL 111-49 (S.1107), enacted 08/12/2009

123 STAT. 1976 
PUBLIC LAW 111–49—AUG. 12, 2009 
Public Law 111–49 
111th Congress 
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. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Judicial Survivors Protection 
Act of 2009’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) The term ‘‘judicial official’’ refers to incumbent officials 
defined under section 376(a) of title 28, United States Code. 
(2) 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). 
(3) The term ‘‘Judicial Survivors’ Annuities System’’ means 
the program established under section 376 of title 28, United 
States Code. 
SEC. 3. PERSONS NOT CURRENTLY PARTICIPATING IN THE JUDICIAL 
SURVIVORS’ ANNUITIES SYSTEM. 
(a) ELECTION OF JUDICIAL SURVIVORS’ ANNUITIES SYSTEM COV-
ERAGE.—An eligible judicial official may elect to participate in the 
Judicial Survivors’ Annuities System during the open enrollment 
period specified in subsection (d). 
(b) MANNER OF MAKING ELECTIONS.—An election under this 
section shall be made in writing, signed by the person making 
the election, and received by the Director of the Administrative 
Office of the United States Courts before the end of the open 
enrollment period. 
(c) EFFECTIVE DATE FOR ELECTIONS.—Any such election 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. 
(d) OPEN ENROLLMENT PERIOD DEFINED.—The open enrollment 
period under this section is the 6-month period beginning 30 days 
after the date of enactment of this Act. 
SEC. 4. JUDICIAL OFFICERS’ CONTRIBUTIONS FOR OPEN ENROLL-
MENT ELECTION. 
(a) CONTRIBUTION RATE.—Every active judicial official who files 
a written notification of his or her intention to participate in the 
28 USC 376 note. 
28 USC 376 note. 
28 USC 376 note. 
28 USC 376 note. 
Judicial 
Survivors 
Protection 
Act of 2009. 
Aug. 12, 2009 
[S. 1107] 
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123 STAT. 1977 
PUBLIC LAW 111–49—AUG. 12, 2009 
Judicial Survivors’ Annuities System during the open enrollment 
period 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 or a sum equal to 3.5 percent of his or her retirement 
salary, except that the deduction from any retirement 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; 
(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 Survivors’ Annuities Fund. 
SEC. 5. DEPOSIT FOR PRIOR CREDITABLE SERVICE. 
(a) LUMP SUM DEPOSIT.—Any judicial official who files a written 
notification of his or her intention to participate in the Judicial 
Survivors’ Annuities System during the open enrollment period 
may make a deposit equaling 2.75 percent of salary, plus 3 percent 
annual, compounded interest, for the last 18 months of prior service, 
to receive the credit for prior judicial service required for immediate 
coverage and protection of the official’s survivors. Any such deposit 
shall be made on or before the closure of the open enrollment 
period. 
(b) DEPOSITS TO BE CREDITED TO JUDICIAL SURVIVORS’ ANNU-
ITIES FUND.—Deposits made under subsection (a) shall be credited 
to the Judicial Survivors’ Annuities Fund. 
SEC. 6. VOLUNTARY CONTRIBUTIONS TO ENLARGE SURVIVORS’ 
ANNUITY. 
Section 376 of title 28, United States Code, is amended by 
adding at the end the following: 
‘‘(y) For each year of Federal judicial service completed, judicial 
officials who are enrolled in the Judicial Survivors’ Annuities 
System on the date of enactment of the Judicial Survivors Protection 
Act of 2009 may purchase, in 3-month increments, up to an addi-
tional year of service credit, under the terms set forth in this 
section. In the case of judicial officials who elect to enroll in the 
Judicial Survivors’ Annuities System during the statutory open 
enrollment period authorized under the Judicial Survivors Protec-
tion Act of 2009, for each year of Federal judicial service completed, 
such an official may purchase, in 3-month increments, up to an 
additional year of service credit for each year of Federal judicial 
service completed, under the terms set forth in section 4(a) of 
that Act.’’. 
28 USC 376 note. 
28 USC 376 note. 
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123 STAT. 1978 
PUBLIC LAW 111–49—AUG. 12, 2009 
LEGISLATIVE HISTORY—S. 1107: 
CONGRESSIONAL RECORD, Vol. 155 (2009): 
July 10, considered and passed Senate. 
July 29, considered and passed House. 
SEC. 7. EFFECTIVE DATE. 
This Act, including the amendment made by section 6, shall 
take effect on the date of enactment of this Act. 
Approved August 12, 2009. 
28 USC 376 note. 
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