A bill to amend chapter 83 of title 5, United States Code, to discontinue civil service annuity payments for periods of employment as a justice or judge of the United States, and for other purposes.
PL 96-504 (H.R.2583), enacted 12/05/1980

PUBLIC LAW 96-504—DEC. 5, 1980 
94 STAT. 2741 
Public Law 96-504 
96th Congress 
An Act 
To amend chapter 83 of title 5, United States Code, to discontinue civil service 
annuity payments for periods of employment as a justice or judge of the United 
States, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That section 8344 of 
title 5, United States Code, relating to annuities and payment on 
reemployment, is amended by adding at the end thereof the following 
new subsections: 
"(f) Notwithstanding the provisions of subsection (a) of this section, 
if an annuitant receiving annuity from the Fund, except a Member 
receiving annuity from the Fund, becomes employed as a justice or 
judge of the United States, as defined by section 451 of title 28, 
annuity payments are discontinued during such employment and are 
resumed in the same amount upon resignation or retirement from 
regular active service as such a justice or judge. 
(g) A former employee or a former Member who becomes 
employed as a justice or judge of the United States, as defined by 
section 451 of title 28, may, at any time prior to resignation or 
retirement from regular active service as such a justice or judge, 
apply for and be paid, in accordance with section 8342(a) of this title, 
the amount (if any) by which the lump-sum credit exceeds the total 
annuity paid, notwithstanding the time limitation contained in such 
section for filing an application for payment.". 
SEC. 2. A present or former justice or judge of the United States, as 
defined by section 451 of title 28, United States Code, who, prior to the 
effective date of this section, voided his right to receive an annuity 
under subchapter III of chapter 83 of title 5, United States Code, by 
applying for and receiving a refund of his lump-sum credit while 
serving as such a justice or judge may, upon application filed with the 
Office of Personnel Management within one year following the 
effective date of this section, redeposit such refund with interest 
computed under section 8334(e) of such title 5 and thereby reestablish 
his right to receive an annuity under such subchapter effective on the 
date he otherwise was eligible to receive an annuity. The surviving 
spouse of any such justice or judge who dies before the effective date 
of this section may apply to make such redeposit within one year 
following the effective date of this section and receive both (1) the 
amount of the annuity which the justice or judge would have been 
entitled to receive before his death had application been made by him 
for the annuity and (2) any survivor annuity the justice or judge could 
have provided under the provisions of law in effect at the time of 
separation from the service on which title to the annuity is based. 
SEC. 3. (a) As of the first pay period beginning after the effective 
date of this Act, a surviving spouse, other than a surviving spouse 
who has remarried, of any Justice of the United States (as defined by 
section 451 of title 28, United States Code), who died before October 
19,1976, shall be paid an annuity in accordance with the provisions of 
section 376 of title 28, United States Code, at a rate of $20,000 per year 
Dec. 5, 1980 
[H.R. 2583] 
Employment as 
U.S. justice or 
judge, annuity 
payment 
discontinuance. 
28 u s e 451. 
5 u s e 8342. 
Lump-sum 
refund, 
redeposit. 
5 u s e 8342 
note. 
5 u s e 8331. 
5 u s e 8334. 
Surviving 
spouse, 
redeposit rights. 
Surviving 
spouse, annuity 
payment. 
28 u s e 376 
note. 
79-194 O—81 —pt. 3 
7 : QL3 
94 STAT. 2742 
PUBLIC LAW 96-504—DEC. 5, 1980 
Judicial 
Survivors' 
Annuities Fund. 
28 u s e 376 
note. 
Appropriation 
authorization. 
Repeal. 
Effective date. 
5 u s e 8344 
note. 
as if such Justice had elected to come within the provisions of, and 
having made the full deposit required by, section 376(d) of title 28, 
United States Code. 
(b) Notwithstanding the provisions of section 376(h) of title 28, 
United States Code, such annuity shall be payable as provided in 
section 376(m) of title 28, United States Code, until the date of the 
death of any such spouse. 
SEC. 4. (a) The Secretary of the Treasury shall determine, as of the 
effective date of this Act, in consultation with the Director of the 
Administrative Office of the United States Courts, the amount 
necessary to offset any actuarial deficiency in the Judicial Survivors' 
Annuities Fund, and, at the earliest time thereafter at which appro-
priated sums in that amount become available, the Secretary shall 
deposit such sums in a single payment into such Judicial Survivors' 
Annuities Fund. 
(b) There are authorized to be appropriated such sums as may be 
necessary to carry out this section. 
SEC. 5. Section 375 of title 28, United States Code, is repealed. 
SEC. 6. (a) The provisions of this Act shall take effect on— 
(1) the date of the enactment of this Act, or 
(2) October 1,1980, 
whichever date is later. 
(b) The provisions of subsection (f) of section 8344 of title 5, United 
States Code, as added by the first section of this Act, shall apply only 
to an individual who becomes employed as a justice or judge of the 
United States on or after the effective date of this Act. The provisions 
of subsection (g) of such section, as added by the first section of this 
Act, shall apply to an individual employed as a justice or judge of the 
United States on the effective date of this Act and to an individual 
appointed as such a justice or judge on or after such effective date. 
Approved December 5, 1980. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 96-467, Pt. 1 (Comm. on Post Office and Civil Service) and Ft. 
2 (Comm. on Appropriations). 
SENATE REPORT No. 96-905 (Comm. on Governmental Affairs). 
CONGRESSIONAL RECORD: 
Vol. 125 (1979): Oct. 29, considered and passed House. 
Vol. 126 (1980): Oct. 1, considered and passed Senate, amended. 
Nov. 21, House concurred in Senate amendments.