Retirement and Survivors' Annuities for Bankruptcy Judges and Magistrates Act of 1988
PL 100-659 (S.1630), enacted 11/15/1988

102 STAT. 3910 
PUBLIC LAW 100-659—NOV. 15, 1988 
Public Law 100-659 
100th Congress 
An Act 
Nov. 15, 1988 
[S. 1630] 
Retirement and 
Survivors' 
Annuities for 
Bankruptcy 
Judges and 
Magistrates Act 
of 1988. 
28 u s e 1 note. 
To provide for retirement and survivors' annuities for bankruptcy judges and 
United States magistrates, 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 "Retirement and Survivors' Annu-
ities for Bankruptcy Judges and Magistrates Act of 1988". 
SEC. 2. BASIC RETIREMENT PROGRAM. 
(a) NEW RETIREMENT SYSTEM.—Chapter 17 of title 28, United 
States Code, is amended by adding at the end the following new 
section: 
"§ 377. Retirement of bankruptcy judges and magistrates 
"(a) RETIREMENT BASED ON YEARS OF SERVICE.—A bankruptcy 
judge or magistrate to whom this section applies and who retires 
from office after attaining the age of 65 years and serving at least 14 
years, whether continuously or otherwise, as such bankruptcy judge 
or magistrate shall, subject to subsection if), be entitled to receive, 
during the remainder of the judge's or magistrate's lifetime, an 
annuity equal to the salary being received at the time the judge or 
magistrate leaves office. 
"(b) RETIREMENT UPON FAILURE OF REAPPOINTMENT.—A bank-
ruptcy judge or magistrate to whom this section applies, who is not 
reappointed following the expiration of the term of office of such 
judge or magistrate, and who retires upon the completion of the 
term shall, subject to subsection (f), be entitled to receive, upon 
attaining the age of 65 years and during the remainder of such 
bankruptcy judge's or magistrate's lifetime, an annuity equal to that 
portion of the salary being received at the time the judge or mag-
istrate leaves office which the aggregate number of years of service, 
not to exceed 14, bears to 14, i
f
— 
"(1) such judge or magistrate has served at least 1 full term as 
a bankruptcy judge or magistrate, and 
"(2) not earlier than 9 months before the date on which the 
term of office of such judge or magistrate expires, and not later 
than 6 months before such date, such judge or magistrate 
notified the appointing authority in writing that such judge or 
magistrate was willing to accept reappointment to the position 
in which such judge or magistrate was serving. 
For purposes of this subsection, in the case of a bankruptcy judge, 
the written notice required by paragraph (2) shall be given to the 
chief judge of the circuit in which such bankruptcy judge is serving 
and, in the case of a magistrate, such notice shall be given to the 
chief judge of the district court in which the magistrate is serving. 
"(c) SERVICE OF AT LEAST 8 YEARS.—A bankruptcy judge or mag-
istrate to whom this section applies and who retires after serving at 
PUBLIC LAW 100-659—NOV. 15, 1988 
102 STAT. 3911 
least 8 years, whether continuously or otherwise, as such a bank-
ruptcy judge or magistrate shall, subject to subsection (f), be entitled 
to receive, upon attaining the age of 65 years and during the 
remainder of the judge's or magistrate's lifetime, an annuity equal 
to that portion of the salary being received at the time the judge or 
magistrate leaves office which the aggr^ate number of years of 
service, not to exceed 14, bears to 14. Such annuity shall be reduced 
by Ve of 1 percent for each full month such bankruptcy judge or 
magistrate was under the age of 65 at the time the judge or 
magistrate left office, except that such reduction shall not exceed 20 
percent. 
"(d) RETIREMENT FOR DISABILITY.—A bankruptcy judge or mag-
istrate to whom this section applies, who has served at least 5 years, 
whether continuously or otherwise, as such a bankruptcy judge or 
magistrate, and who retires or is removed from office upon the sole 
ground of mental or physical disability shall, subject to subsection 
(f), be entitled to receive, during the remainder of the judge's or 
magistrate's lifetime, an annuity equal to 40 percent of the salary 
being received at the time of retirement or removal or, in the case of 
a judge or magistrate who has served for at least 10 years, an 
amount equal to that proportion of the salary being received at the 
time of retirement or removal which the aggregate number of years 
of service, not to exceed 14, bears to 14. 
"(e) CJosT-OF-LrviNG ADJUSTMENTS.—A bankruptcy judge or mag-
istrate who is entitled to an annuity under this section is also 
entitled to a cost-of-living adjustment in such annuity, calculated 
and payable in the same manner as adjustments under section 
8340(b) of title 5, except that any such annuity, as increased under 
this subsection, may not exceed the salary then payable for the 
position from which the judge or magistrate retired or was removed. 
"(f) ELECTION; ANNUITY IN LIEU OF OTHER ANNUITIES.—A bank-
ruptcy judge or magistrate shall be entitled to an annuity under this 
section if the judge or magistrate elects an annuity under this 
section by notifying the Director of the Administrative Office of the 
United States Courts. A bankruptcy judge or magistrate who elects 
to receive an annuity under this section shall not be entitled to 
receive any annuity to which such judge or magistrate would other-
wise have been entitled under subchapter III of chapter 83, or under 
chapter 84 (except for subchapters HI and VII), of title 5. 
"(g) CALCULATION OF SERVICE.—(1) For purposes of calculating an 
annuity under this section— 
'(A) full-time service as a bankruptcy judge or magistrate to 
whom this section applies may be credited; and 
"(B) each month of service shall be credited as one-twelfth of a 
year, and the fractional part of any month shall not be credited. 
"(2XA) In the case of an individual who is a bankruptcy judge to 
whom this section applies and who retires under this section or who 
is removed from office under subsection (d) upon the sole ground of 
mental or physical disability, any service of that individual as a 
United States magistrate to whom this section applies, and any 
service of that individual as a full-time judicial officer who per-
formed the duties of a magistrate and a bankruptcy judge at the 
same time, shall be included for purposes of calculating years of 
service under subsection (a), (b), (c), or (d), as the case may be. 
"(B) In the case of an individual who is a magistrate to whom this 
section applies and who retires under this section or who is removed 
from office under subsection (d) upon the sole ground of mental or 
102 STAT. 3912 
PUBLIC LAW 100-659—NOV. 15, 1988 
physical disability, any service of that individual as a bankruptcy 
judge to whom this section applies, and any service of that individ-
ual as a full-time judicial officer who performed the duties of 
magistrate and a bankruptcy judge at the same time, shall be 
included for purposes of calculating years of service under subsec-
tion (a), (h), (c), or (d), as the case may be. 
"(h) COVERED POSITIONS AND SERVICE.—This section applies to— 
"(1) any bankruptcy judge appointed under— 
"(A) section 152 of this title; 
"(B) section 34 of the Bankruptcy Act before the repeal of 
that Act by section 401 of the Act of November 6, 1978 
(Public Law 95-598; 92 Stat. 2682); or 
"(C) section 404 of the Act of November 6, 1978 (Public 
Law 95-598; 92 Stat. 2549); and 
"(2) any United States magistrate appointed under section 631 
of this title, 
only with respect to service in or after October 1, 1979, as such a 
bankruptcy judge or magistrate. 
"(i) PAYMENTS PURSUANT TO COURT ORDER.—(1) Pajmients under 
this section which would otherwise be made to a bankruptcy judge 
or magistrate based upon his or her service shall be paid (in whole 
or in part) by the Director of the Administrative Office of the United 
States Courts to another person if and to the extent expressly 
provided for in the terms of any court decree of divorce, annulment, 
or legal separation, or the terms of any court order or court-
approved property settlement agreement incident to any court 
decree of divorce, annulment, or legal separation. Any pajmient 
under this paragraph to a person bars recovery by any other person. 
"(2) Paragraph (1) shall apply only to payments made by the 
Director of the Administrative Office of the United States Courts 
after the date of receipt by the Director of written notice of such 
decree, order, or agreement, and such additional information as the 
Director may prescribe. 
"(3) As used in this subsection, the term 'court' means any court of 
any State, the District of Columbia, the Commonwealth of Puerto 
Rico, Guam, the Northern Mariana Islands, or the Virgin Islands, 
and any Indian tribal court or courts of Indian offense. 
"(j) DEDUCTIONS, CONTRIBUTIONS, AND DEPOSITS.— 
"(1) DEDUCTIONS.—Beginning with the next pay period after 
the Director of the Administrative Office of the United States 
Courts receives a notice under subsection (f) that a bankruptcy 
judge or magistrate has elected an annuity under this section, 
the Director shall deduct and withhold 1 percent of the salary of 
such bankruptcy judge or magistrate. Amounts shall be so 
deducted and withheld in a manner determined by the Director. 
Amounts deducted and withheld under this subsection shall be 
deposited in the Treasury of the United States to the credit of 
the Judicial Officers' Retirement Fund. Deductions under this 
subsection from the salary of a bankruptcy judge or magistrate 
shall terminate upon the retirement of the bankruptcy judge or 
magistrate or upon completing 14 years of service for which 
contributions under this section have been made, whether 
continuously or otherwise, as calculated under subsection (g), 
whichever occurs first. 
"(2) CONSENT TO DEDUCTIONS; DISCHARGE OF CLAIMS.—Each 
bankruptcy judge or magistrate who makes an election under 
subsection (f) shall be deemed to consent and agree to the 
PUBLIC LAW 100-659—NOV. 15, 1988 
102 STAT. 3913 
deductions from salary which are made under paragraph (1). 
Payment of such salary less such deductions (and any deduc-
tions made under section 376 of this title) is a full and complete 
discharge and acquittance of all claims and demands for all 
services rendered by such bankruptcy judge or magistrate 
during the period covered by such payment, except the right to 
those benefits to which the bankruptcy judge or magistrate is 
entitled under this section (and section 376). 
"(k) DEPOSITS FOR PRIOR SERVICE.—Each bankruptcy judge or 
magistrate who makes an election under subsection (f) may deposit, 
for service performed before such election for which contributions 
may be made under this section, an amount equal to 1 percent of the 
salary received for that service. Credit for any period covered by 
that service may not be allowed for purposes of an annuity under 
this section until a deposit under this subsection has been made for 
that period. 
"(1) INDIVIDUAL RETIREMENT RECORDS.—The amounts deducted 
and withheld under subsection (j), and the amounts deposited under 
subsection (k), shall be credited to individual accounts in the name 
of each bankruptcy judge or magistrate from whom such amounts 
are received, for credit to the Judicial Officers' Retirement Fund, 
"(m) ANNUITIES AFFECTED IN CERTAIN CASES.— 
"(1) PRACTICING LAW AFTER RETIREMENT.— 
"(A) FORFEITURE OF ANNUITY.—Subject to subparagraph 
(B), any bankruptcy judge or magistrate who retires under 
this section and who thereafter practices law shall forfeit 
all rights to an annuity under this section for all periods 
beginning on or after the first day on which he or she so 
practices law. 
"(B) FORFEITURE NOT TO APPLY WHERE INDIVIDUAL ELECTS 
TO FREEZE AMOUNT OF ANNUiTY.^i) If a bankruptcy judge 
or magistrate makes an election to practice law after retire-
ment under this section— 
"(I) subparagraph (A) shall not apply to such bank-
ruptcy judge or magistrate beginning on the date such 
election takes effect, and 
"(II) the annuity payable under this section to such 
bankruptcy judge or magistrate, for periods beginning 
on or after the date such election takes effect, shall be 
equal to the annuity to which such bankruptcy judge or 
magistrate is entitled on the day before such effective 
date, 
"(ii) An election under clause (i)— 
"(I) may be made by a bankruptcy judge or mag-
istrate eligible for retirement under this section, and 
"(II) shall be filed with the Director of the Adminis-
trative Office of the United States Courts. 
Such an election, once it takes effect, shall be irrevocable, 
"(iii) Any election under this subparagraph shall take 
effect on the first day of the first month following the 
month in which the election is made. 
"(2) RECALL NOT PERMITTED.—Any bankruptcy judge or mag-
istrate who retires under this section and who thereafter prac-
tices law shall not be eligible for recall under section 155(b), 375, 
or 636(h) of this title. 
"(3) ACCEPTING OTHER EMPLOYMENT.—Any bankruptcy judge 
or magistrate who retires under this section and thereafter 
102 STAT. 3914 
PUBLIC LAW 100-659—NOV. 15, 1988 
accepts compensation for civil office or employment under the 
United States Government (other than for the performance of 
functions as a bankruptcy judge or magistrate under section 
155(b), 375, or 636(h) of this title) shall forfeit all rights to an 
annuity under this section for the period for which such com-
pensation is received. For purposes of this paragraph, the term 
'compensation' includes retired pay or salary received in retired 
status, 
"(n) LUMP-SUM PAYMENTS.— 
"(1) EuGiBiUTY.—(A) Subject to paragraph (2), an individual 
who serves as a bankruptcy judge or magistrate and— 
"(i) who leaves office and is not reappointed as a bank-
ruptcy judge or magistrate for at least 31 consecutive days; 
"(ii) who files an application with the Administrative 
Office of the United States Courts for payment of the lump-
sum credit; 
"(iii) is not serving as a bankruptcy judge or magistrate 
at the time of filing of the application; and 
"(iv) will not become eligible to receive an annuity under 
this section within 31 days after filing the application; 
is entitled to be paid the lump-sum credit. Payment of the lump-
sum credit voids all rights to an annuity under this section 
based on the service on which the lump-sum credit is based, 
until that individual resumes office as a bankruptcy judge or 
magistrate. 
"(B) Lump-sum benefits authorized by subparagraphs (C), (D), 
and (E) of this paragraph shall be paid to the person or persons 
surviving the bankruptcy judge or magistrate and alive on the 
date title to the payment arises, in the order of precedence set 
forth in subsection (o) of section 376 of this title, and in accord-
ance with the last two sentences of that subsection. For pur-
poses of the preceding sentence, the term 'judicial official' as 
used in subsection (o) of section 376 shall be deemed to mean 
'bankruptcy judge or magistrate'. 
"(C) If a bankruptcy judge or magistrate dies before receiving 
an annuity under this section, the lump-sum credit shall be 
paid. 
"(D) If all annuity rights under this section based on the 
service of a deceased bankruptcy judge or magistrate terminate 
before the total annuity paid equals the lump-sum credit, the 
difference shall be paid. 
"(E) If a bankruptcy judge or magistrate who is receiving an 
annuity under this section dies, annuity accrued and unpaid 
shall be paid. 
"(F) Annuity accrued and unpaid on the termination, except 
by death, of the annuity of a bankruptcy judge or magistrate 
shall be paid to that individual. 
"(G) Subject to paragraph (2), a bankruptcy judge or mag-
istrate who forfeits rights to an annuity under subsection (mX3) 
before the total annuity paid equals the lump-sum credit, shall 
be entitled to be paid the difference if the bankruptcy judge or 
magistrate files an application with the Administrative Office of 
the United States Courts for payment of that difference. A 
payment under this subparagraph voids all rights to an annuity 
on which the payment is based. 
PUBLIC LAW 100-659—NOV. 15, 1988 / 
102 STAT. 3915 
"(2) SPOUSES AND FORMER SPOUSES.—(A) Payment of the lump-
sum credit under paragraph (IXA) or a payment under para-
graph (IXG)-
"(i) may be made only if any current spouse and any 
former spouse of the bankruptcy judge or magistrate are 
notified of the bankruptcy judge's or magistrate's applica-
tion; and 
"(ii) shall be subject to the terms of a court decree of 
divorce, annulment, or legal separation or any court or 
court approved property settlement agreement incident to 
such decree, if— 
"(I) the decree, order, or agreement expressly relates 
to any portion of the lump-sum credit or other payment 
involved; and 
"(II) payment of the lump-sum credit or other pay-
i 
ment would extinguish entitlement of the bankruptcy 
judge's or magistrate's spouse or former spouse to any 
portion of an annuity under subsection (i). 
"(B) Notification of a spouse or former spouse under this 
paragraph shall be made in accordance with such requirements 
as the Director of the Administrative Office of the United States 
Courts shall by r^ulation prescribe. The Director may provide 
under such regulations that subparagraph (AXi) may be waived 
with respect to a spouse or former spouse if the bankruptcy 
judge or magistrate establishes to the satisfaction of the Direc-
tor that the whereabouts of such spouse or former spouse 
cannot be determined. 
"(C) The Director shall prescribe regulations under which this Regulations. 
pars^aph shall be applied in any case in which the Director 
receives two or more orders or decrees described in subpara-
graph (A). 
"(3) DEFINITION.—For purposes of this subsection, the term 
'lump-sum credit' means the unrefunded amount consisting of— 
"(A) retirement deductions made under this section from 
the salary of a bankruptcy judge or magistrate; 
"(B) amounts deposited under subsection (k) by a bank-
ruptcy judge or magistrate covering earlier service; and 
"(C) interest on the deductions and deposits which, for 
any calendar year, shall be equal to the overall average 
yield to the Judicial Officers' Retirement Fund during the 
preceding fiscal year from all obligations purchased by the 
Secretary of the Treasury during such fiscal year under 
subsection (o); 
but does not include interest— 
"(i) if the service covered thereby aggregates 1 year or 
less; or 
"(ii) for the fractional part of a month in the total service. 
*(o) JUDICIAL OFFICERS' RETIREMENT FUND.— 
"(1) EsTABUSHMENT.—There is established in the Treasury a 
fund which shall be known as the 'Judicial Officers' Retirement 
Fund'. The Fund is appropriated for the payment of annuities, 
refunds, and other payments imder this section. 
"(2) INVESTMENT OF FUND.—The Secretary of the Treasury 
shall invest, in interest bearing securities of the United States, 
such currently available portions of the Judicial Officers' 
Retirement Fund as are not immediately required for pajrments 
102 STAT. 3916 
PUBLIC LAW 100-659—NOV. 15, 1988 
from the Fund. The income derived from these investments 
constitutes a part of the Fund. 
Appropriation 
"(3) UNFUNDED UABILITY.—(A) There are authorized to be 
authorization. 
appropriated to the Judicial Officers' Retirement Fund amounts 
required to reduce to zero the unfunded liability of the Fund. 
(B) For purposes of subparagraph (A), the term 'unfunded 
liability' means the estimated excess, determined on an annual 
basis in accordance with the provisions of section 9503 of title 
31, of the present value of all benefits payable from the Judicial 
Officers' Retirement Fund over the sum of— 
"(i) the present value of deductions to be withheld under 
this section from the future basic pay of bankruptcy judges 
and magistrates; plus 
"(ii) the balance in the Fund as of the date the unfunded 
liability is determined. 
In making any determination under this subparagraph, the 
Comptroller General shall use the applicable information con-
tained in the reports filed pursuant to section 9503 of title 31, 
with respect to the retirement annuities provided for in this 
section. 
Appropriation 
"(C) There are authorized to be appropriated such sums as 
authorization. 
^lay be necessary to carry out this paragraph.". 
Ot)) CONFORMING AMENDMENT.—The table of sections at the begin-
ning of chapter 17 of title 28, United States Code, is amended by 
adding at the end the following new item: 
"377. Retirement of bankruptcy judges and magistrates.". 
28 use 377 note. 
(c) INCUMBENT JUDGES AND MAGISTRATES.— 
(1) RETIREMENT ANNUITY UNDER TITLE 5 AND SECTION 377 OF 
TITLE 28.—A bankruptcy judge or United States magistrate in 
active service on the effective date of this Act shall, subject to 
paragraph (2), be entitled, in lieu of the annuity otherwise 
provided under the amendments made by this section, to— 
(A) an annuity under subchapter III of chapter 83, or 
under chapter 84, of title 5, United States Code, as the case 
may be, for creditable service before the date on which 
service would begin to be credited for purposes of subpara-
graph (B), and 
(B) an annuity calculated under subsection O
t
>
) or (c) and 
subsection (g) of section 377 of title 28, United States Code, 
as added by this section, for any service as a full-time 
bsmkruptcy judge or magistrate on or after October 1, 1979 
(as specified in the election pursuant to paragraph (2)) for 
which deductions and deposits are made under subsections 
(j) and (k) of such section 377, as applicable, without regard 
to the minimum number of years of service as such a 
bankruptcy judge or magistrate, except that— 
(i) in the case of a judge or magistrate who retires 
with less than 8 years of service, the annuity under 
subsection (c) of section 377 of title 28, United States 
Code, shall be equal to that proportion of the salary 
being received at the time the judge or magistrate 
leaves office which the years of service bears to 14, 
subject to a reduction in accordance with subsection (c) 
of such section 377 if the bankruptey judge or mag-
istrate is under age 65 at the time he or she leaves 
office, and 
PUBLIC LAW 100-659—NOV. 15, 1988 
102 STAT. 3917 
(ii) the aggregate amount of the annuity initially 
payable on retirement under this subsection may not 
exceed the rate of pay for the bankruptcy judge or 
magistrate which is in effect on the day before the 
retirement becomes effective. 
(2) FILING OF NOTICE OF ELECTION.—A bankruptcy judge or 
magistrate shall be entitled to an annuity under this subsection 
only if the judge or magistrate files a notice of that election with 
the Director of the Administrative Office of the United States 
Courts specifying the date on which service would begin to be 
credited under section 377 of title 28, United States Code, in lieu 
of chapter 83 or chapter 84 of title 5, United States Code. 
(3) LUMP-SUM CREDIT UNDER TITLE 5.—A bankruptcy judge or 
magistrate who makes an election under paragraph (2) shall be 
entitled to a lump-sum credit under section 8342 or 8424 of title 
5, United States Code, as the case may be, for any service which 
is covered under section 377 of title 28, United States Code, as 
added by this section, pursuant to that election, and with 
respect to which any contributions were made by the judge or 
magistrate under the applicable provisions of title 5, United 
States Code. 
(4) RECALL.—With respect to any bankruptcy judge or mag-
istrate receiving an annuity under this subsection who is re-
called to serve under section 375 of title 28, United States 
Code— 
(A) the amount of compensation which such recalled 
judge or magistrate receives under subsection (c) of such 
section shall be calculated on the basis of the annuity 
received under this subsection; and 
(B) such recalled judge or magistrate may serve as a 
reemployed annuitant to the extent permitted by subsec-
tion (e) of section 375 of such title. 
Section 377(mX3) of title 28, United States Code, as added by 
subsection (a) of this section, shall not apply with respect to 
service as a reemployed annuitant described in subparagraph 
(B). 
SEC. 3. JUDICIAL SURVIVORS' ANNUITIES. 
(a) ANNUITIES FOR SURVIVORS OF BANKRUPTCY JUDGES AND MAG-
ISTRATES RETIRING UNDER NEW SYSTEM.—Section 376 of title 28, 
United States Code, is amended as follows: 
(1) Subsection (aXD is amended— 
(A) by striking out "or" at the end of subparagraph (D); 
(B) by adding "or" at the end of subparagraph (E); 
(C) by inserting after subparagraph (E) the following: 
"(F) a full-time bankruptcy judge or a full-time United 
States magistrate;"; and 
(D) by striking out "; or (iv) October 1, 1986;" and insert-
ing in lieu thereof ", (iv) October 1, 1986, or (v) the date of 
the enactment of the Retirement and Survivors' Annuities 
for Bankruptcy Judges and Magistrates Act of 1988, in the 
case of a full-time bankruptcy judge or United States mag-
istrate in active service on that date;". 
(2) Subsection (aX2) is amended— 
(A) by striking out "and" at the end of subparagraph (D); 
(B) by adding "and" at the end of subparagraph (E); and 
(C) by adding at the end the following: 
102 STAT. 3918 
PUBLIC LAW 100-659—NOV. 15, 1988 
"(F) in the case of a bankruptcy judge or United States 
magistrate, an annuity paid under section 377 of this title;". 
(3) Subsection 
fla) 
is amended in the last sentence— 
(A) by inserting after "deductions" the following: "(and 
any deductions made under section 377 of this title or under 
subchapter III of chapter 83, or chapter 84, of title 5)"; and 
(B) by inserting before the period the following: "(and 
under section 377 of this title or under subchapter III of 
chapter 83, or chapter 84, of title 5)". 
28 use 376 note. 
(b) SURVIVORS* ANNUITIES FOR INCUMBENTS.—In the Case of a 
bankruptcy judge or magistrate who elects an annuity under section 
2(c), only service for which an annuity under subsection (b) or (c) and 
subsection (g) of section 377 of title 28, United States Code, as added 
by section 2 of this Act, is calculated under section 2(c) may be used 
in the computation of an annuity under section 376 of title 28, 
United States Code, as amended by subsection (a) of this section. 
SEC. 4. AMENDMENTS RELATED TO RECALL. 
(a) RECALL OF BANKRUPTCY JUDGES.—Section 155(b) of title 28, 
United States CJode, is amended— 
(1) by inserting "section 377 of this title or in" after "annuity 
in"; and 
(2) by inserting "which are applicable to such judge" after 
"title 5". 
(b) ALTERNATIVE RECALL OF C:JERTAIN JUDGES AND MAGISTRATES.— 
Section 375 of title 28, United States Ckxle, is amended— 
(1) in subsection (a) by inserting "under the provisions of 
section 377 of title or" after "has retired"; 
(2) in subsection (c)— 
(A) by inserting "under the provisions of section 377 of 
this title or" after "annuity provided"; and 
(B) by adding at the end thereof the following: "The 
annuity of a bankruptcy judge or magistrate who completes 
that 5-year period of service, whose certification is not 
renewed, and who retired under section 377 of this title 
shall be equ£d to the salary in effect, at the end of that 5-
year period, for the office fix)m which he or she retired."; 
and 
(3) in subsection (g) by inserting "who retired under the 
applicable provisions of title 5" after "section". 
(c) RECALL OF MAGISTRATES.—Section 636(h) of title 28, United 
States Code, is amended in the second sentence— 
(1) by inserting "section 377 of this title or in" after "annuity 
set forth in"; and 
(2) by inserting "which are applicable to such magistrate" 
after "title 5". 
SEC. 5. TECHNICAL AMENDMENTS. 
Section 631(e) of title 28, United States Ck)de, is amended— 
(1) by striking out "(\)" and inserting in lieu thereof "(k)"; 
(2) by striking out "(i) and inserting in lieu thereof "0*)"; and 
(3) by striking out "(h)" and inserting in lieu thereof "(i)". 
SEC 6. CONFORMING AMENDMENTS. 
(a) ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS.—Sec-
tion 604(a) of titie 28, United States Code (relating to the duties of 
PUBLIC LAW 100-659—NOV. 15, 1988 
102 STAT. 3919 
the Director of the Administrative Office of the United States 
Courts) is amended— 
(1) in paragraph (7) by inserting "bankruptcy judges, United 
States magistrates," after "United States,"; 
(2) by redesignating paragraph (18) as paragraph (19); and 
(3) by inserting after paragraph (17) the following: 
"(18) Regulate and pay annuities to bankruptcy judges and 
United States magistrates in accordance with section 377 of this 
title and paragraphs (IXB) and (2) of section 2(c) of the Retire-
ment and Survivors' Annuities for Bankruptcy Judges and 
Magistrates Act of 1988;". 
(b) CIVIL SERVICE RETIREMENT SYSTEM.—Section 8334(i) of title 5, 
United States Code, is amended by adding at the end the following 
new paragraph: 
"(4) Notwithstanding any other provision of law, a bankruptcy 
judge or magistrate who is covered by section 377 of title 28 or 
section 2(c) of the Retirement and Survivors' Annuities for Bank-
ruptcy Judges and Magistrates Act of 1988 shall not be subject to 
deductions and contributions to the Fund, if the judge or m£igistrate 
notifies the Director of the Administrative Office of the United 
States Courts of an election of a retirement annuity under those 
provisions. Upon such an election, the judge or msigistrate shall be 
entitled to a lump-sum credit under section 8342(a) of this title.". 
(c) FEDERAL EMPLOYEES RETIREMENT SYSTEM.—Section 8402 of title 
5, United States C!ode, is amended by adding at the end the following 
new subsection: 
"(e) A bankruptcy judge or magistrate who is covered by section 
377 of title 28 or section 2(c) of the Retirement and Survivors' 
Annuities for Bankruptcy Judges and Magistrates Act of 1988 shall 
be excluded from the operation of this chapter, other than sub-
chapters III and VII of such chapter, if the judge or magistrate 
notifies the Director of the Administrative Office of the United 
States Courts of an election of a retirement annuity under those 
provisions. Upon such election, the judge or magistrate shall be 
entitled to a lump-sum credit under section 8424 of this title.". 
SEC. 7. THRIFT SAVINGS PLAN. 
(a) PARTICIPATION IN THE PLAN.—Subchapter III of chapter 84 of 
title 5, United States Code, is amended by adding at the end the 
following: 
"§ 8440a. Bankruptcy judges and magistrates 
"(aXD A bankruptcy judge or magistrate who is covered by section 
377 of title 28 or section 2(c) of the Retirement and Survivors' 
Annuities for Bankruptcy Judges and Magistrates Act of 1988 may 
elect to contribute an amount of such individual's basic pay to the 
Thrift Savings Fund. 
"(2) An election may be made under paragraph (1) only during a 
period provided under section 8432(b) for individuals subject to this 
chapter. 
"(bXD Except as otherwise provided in this subsection, the provi-
sions of this subchapter and subchapter VII shall apply with respect 
to bankruptcy judges and magistrates who make contributions to 
the Thrift Savings Fund under subsection (a) of this section. 
"(2) The amount contributed by a bankruptcy judge or magistrate 
for any pay period shall not exceed 5 percent of basic pay for such 
pay period. 
102 STAT. 3920 
PUBLIC LAW 100-659—NOV. 15, 1988 
"(3) No contributions shall be made under section 8432(c) of this 
title for the benefit of a bankruptcy judge or magistrate making 
contributions under subsection (a) of this section. 
"(4XA) Section 8433(b) of this title applies to a bankruptcy judge or 
magistrate who elects to make contributions to the Thrift Savings 
Fund under subsection (a) of this section and who retires entitled to 
an immediate annuity under section 377 of title 28 (including a 
disability annuity under subsection (d) of such section) or section 2(c) 
of the Retirement and Survivors' Annuities for Bankruptcy Judges 
and Magistrates Act of 1988. 
"(B) Section 8433(c) of this title applies to any bankruptcy judge or 
magistrate who elects to make contributions to the Thrift Savings 
Fund under subsection (a) of this section and who retires before 
attaining age 65 but is entitled, upon attaining age 65, to an annuity 
under section 377 of title 28 or section 2(c) of the Retirement and 
Survivors' Annuities for Bankruptcy Judges and Magistrates Act of 
1988; except that the period described in paragraph (3) of section 
8433(c) commences on or after the date on which payment of the 
bankruptcy judge's or magistrate's annuity under section 377 of title 
28 commences. 
"(C) Section 8433(d) of this title applies to any bankruptcy judge or 
magistrate who elects to make contributions to the Thrift Savings 
Fund under subsection (a) of this section and who retires before 
becoming entitled to an immediate annuity, or an annuity upon 
attaining age 65, under section 377 of title 28 or section 2(c) of the 
Retirement and Survivors' Annuities for Bankruptcy Judges and 
Magistrates Act of 1988. 
"(5) With respect to bankruptcy judges and magistrates to whom 
this section applies, retirement under section 377 of title 28 is a 
separation from service for purposes of this subchapter and sub-
chapter VII. 
"(6) For purposes of this section, the terms 'retirement' and 
'retire' include removal from office under section 377(d) of title 28 on 
the sole ground of mental or physical disability. 
"(7) Sums contributed pursuant to this section by bankruptcy 
judges or magistrates, as well as all previous contributions to the 
Thrift Savings Fund by those bankruptcy judges and magistrates, 
and earnings attributable to such sums and contributions, may be 
invested and reinvested only in the Government Securities Invest-
ment Fund established under section 8438(bXlXA) of this title. 
"(8) In the case of a bankruptcy judge or magistrate who receives 
a distribution from the Thrift Savings Plan and who later receives 
an annuity under section 377 of title 28, that annuity shall be offset 
by an amount equal to the amount which represents the Govern-
ment's contribution to that person's Thrift Savings Account, with-
out regard to earnings attributable to that amount. Where such an 
offset would exceed 50 percent of the annuity to be received in the 
first year, the offset may be divided equally over the first 2 years in 
which that person receives the annuity.". 
(b) CONFORMING AMENDMENT.—The table of sections at the begin-
ning of chapter 84 of title 5, United States Code, is amended by 
adding at the end the following: 
"8440a. Bankruptcy judges and magistrates.". 
28 u s e 377 note. 
SEC. 8. REPORT TO CONGRESS. 
The Director of the Administrative Office of the United States 
Courts shall, not later than 5 years after the date of the enactment 
of this Act, submit a report to the Congress on the financial oper-
PUBLIC LAW 100-659—NOV. 15, 1988 
102 STAT. 3921 
ation of the retirement annuity program established under this Act 
and the amendments made by this Act. The report shall, in particu-
lar, include a discussion of the deductions from salary and deposits 
made for contributions to the annuity program and the need for 
continuing the deductions at the level established under the amend-
ments made by this Act. 
SEC. 9. EFFECTIVE DATE. 
28 USC 377 note. 
(a) IN GENERAL.—Subject to subsection (b), this Act and the 
amendments made by this Act shall take effect on the date of the 
enactment of this Act smd shall apply to bankruptcy judges and 
magistrates who retire on or after the date of the enactment of this 
Act. 
(b) EXCEPTION FOR JUDGES AND MAGISTRATES RETIRING ON OR 
AFTER JULY 31, 1987.—A bankruptcy judge or magistrate who left 
office on or after July 31,1987, and before the date of the enactment 
of this Act may elect to receive an annuity, or to participate in the 
Judicial Survivors' Annuity System, under the amendments made 
by this Act if such bankruptcy judge or magistrate, within 60 days 
after so leaving office, accepted office or employment with the 
United States Government or a State government or was eligible at 
the time he or she left office for an immediate annuity under title 5, 
United States Ckxie. Any election under this subsection shall not be 
valid unless it is made within 6 months after the date of the 
enactment of this Act and under the same conditions as other 
persons who may make elections under the amendments made by 
this Act, except that any such person who makes an election under 
this subsection shall not receive a lump-sum credit under section 
8342 or 8424 of title 5, United States Code, for prior service and shall 
not be required to make contributions for prior years of creditable 
service. 
Approved November 15, 1988. 
LEGISLATIVE HISTORY—S. 1630 (H.R. 4340): 
HOUSE REPORTS: No. 100-638, Pt. 1, accompanying H.R. 4340 (Comm. on the 
Judiciary) and No. 100-1072 (Comm. of Conference). 
SENATE REPORTS: No. 100-293 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD, Vol. 134 (1988): 
Mar. 3, considered and passed Senate. 
July 11, H.R. 4340 considered and passed House; proceedings vacated and 
S. 1630, amended, passed in lieu. 
Oct. 7, Senate agreed to conference report. 
Oct. 19, House agreed to conference report.