Judicial Improvements Act of 1985
PL 99-336 (H.R.3570), enacted 06/19/1986

PUBLIC LAW 99-336—JUNE 19, 1986 
100 STAT. 633 
Public Law 99 
99th Congress 
-336 
An Act 
Judicial 
Improvements 
Act of 1985. 
Courts. 
Retirement. 
28 u s e 1 note. 
To amend title 28, United States Code, to reform and improve the Federal justices 
June 19, 1986 
and judges survivors' annuities program, and for other purposes. 
[H.R. 3570] 
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 Improvements Act of 1985". 
SEC. 2. JUDICIAL SURVIVORS' ANNUITIES AMENDMENTS. 
(a) BENEFIT REFORMS.—Section 376 of title 28, United States Code, 
is amended as follows: 
(1) Subsection (a)(1) is amended by striking out "or (iii) the 
date upon which the Judicial Survivors' Annuities Reform Act 28 USC i note. 
becomes effective;" and inserting in lieu thereof "(iii) January 1, 
1977; or (iv) October 1,1986;". 
(2) Subsections (b) and (d) are each amended by striking out 
"4.5 percent" each place it appears and inserting in lieu thereof 
"5 percent". 
(3) Subsection (c) is amended to read as follows: 
"(c)(1) There shall also be deposited to the credit of the Judicial 
Survivors' Annuities Fund, in accordance with such procedures as 
the Comptroller General of the United States may prescribe, 
amounts required to reduce to zero the unfunded liability of the 
Judicial Survivors' Annuities Fund: Provided, That such amounts 
shall not exceed the equivalent of 9 percent of salary or retirement 
salary. Such deposits shall, subject to appropriations Acts, be taken 
from the fund used to pay the compensation of the judicial official, 
and shall immediately become an integrated part of the Judicial 
Survivors' Annuities Fund for any use required under this section. 
"(2) For purposes of paragraph (1), the term 'unfunded liability' 
means the estimated excess, determined on an annual basis in 
accordance with the provisions of section 9503 of title 31, United 
States Code, of the present value of all benefits payable from the 
Judicial Survivors' Annuities Fund, over the sum o
f
— 
"(A) the present value of deductions to be withheld from the 
future basic pay of judicial officials; plus 
"(B) the balance in the Fund as of the date the unfunded 
liability is determined. 
In making any determination under this paragraph, the Comptrol-
ler General shall use the applicable information contained in the 
reports filed pursuant to section 9503 of title 31, United States Code, 
with respect to the judicial survivors' annuities plan established by 
this section. 
"(3) There are authorized to be appropriated such sums as may be 
necessary to carry out this subsection.". 
(4) Subsection (h) is amended— 
(A) in paragraph (1)(B), by striking out clauses (i) and (ii) 
and inserting in lieu thereof the following: 
Appropriation 
authorization. 
100 STAT. 634 
PUBLIC LAW 99-336—JUNE 19, 1986 
"(i) 10 percent of the average annual salary deter-
mined under subsection (1)(1) of this section; or 
"(ii) 20 percent of such average annual salary, di-
vided by the number of children;"; 
(B) in paragraph (1)(C) by striking out clauses (ii) and (iii) 
and inserting in lieu thereof the following: 
"(ii) 20 percent of the average annual salary deter-
mined under subsection (1)(1) of this section; or 
"(iii) 40 percent of such average annual salary 
amount, divided by the number of children;"; and 
(C) in paragraph (2) by inserting immediately after "re-
marriage" the following: "before attaining age 55". 
(5) Subsection (1) is amended— 
(A) by striking out "IV^ percent" and inserting in lieu 
thereof "1.5 percent"; 
(B) in paragraph (2) by striking out the colon after 
"subsection" and inserting in lieu thereof a semicolon; and 
(C) by striking out the proviso and inserting in lieu 
thereof the following: "except that such annuity shall not 
exceed an amount equal to 50 percent of such average 
annual salary, nor be less than an amount equal to 25 
percent of such average annual salary. Any annuity deter-
mined in accordance with the provisions of this subsection 
shall be reduced to the extent required by subsection (d) of 
this section.". 
28 use 376 note. 
(b) BENEFICIARIES.—The benefits conferred by section 376 of title 
28, United States Code, by reason of the amendments made by this 
section shall apply only to individuals who become eligible for 
annuities under such section on or after the effective date of this 
section, except that— 
(1) such annuities shall be computed in accordance with the 
provisions of section 376 of title 28, United States Code, as 
amended by this section, notwithstanding contributions or de-
posits made in accordance with applicable law at lower rates; 
and 
(2) no additional liability shall be created with respect to 
deposits made in accordance with applicable law before the 
effective date of this section, or after such effective date pursu-
ant to an agreement entered into before such effective date. 
28 use 376 note. 
(c) REVOCATION.—(1) Within 180 days after the effective date of 
this section, any judicial official who, before such effective date, 
made an election under section 376 of title 28, United States Code, to 
come within the purview of that section, shall be entitled to revoke 
that election. Such revocation shall constitute a complete with-
drawal from the judicial survivors' annuities program provided for 
in such section 376. No such revocation shall be effective unless it is 
submitted in writing to the Director of the Administrative Office of 
the United States Courts, and until such writing is received by the 
Director. Upon receipt by the Director of such writing, any rights to 
survivorship benefits for the survivors of such judicial official shall 
terminate, and all amounts credited to the individual account of 
such judicial official under section 376(e), together with interest at 3 
percent per annum, compounded on December 31 of each year to 
such date of revocation, shall be returned to that judicial official in a 
lump-sum payment. 
(2) Any judicial official who makes a revocation under paragraph 
(1) of this subsection and who thereafter becomes eligible to make an 
PUBLIC LAW 99-336—JUNE 19, 1986 
100 STAT. 635 
election under section 376(b) of title 28, United States Code, may 
make such election only if such judicial official redeposits, to the 
credit of the Judicial Survivors' Annuities Fund, the full amount of 
the lump-sum payment made to such judicial official under para-
graph (1) of this subsection, together with interest at 3 percent per 
annum, compounded on December 31 of each year from the date of 
such revocation until the date upon which that amount is so 
redeposited. 
(3) Any judicial official who fails to revoke an election in accord-
ance with paragraph (1) of this subsection shall be deemed to have 
irrevocably waived the right to make that revocation. 
(d) ANNUITIES FOR FORMER SPOUSES.— 
(1) Section 376 of title 28, United States Code, is amended in 
subsection (a)— 
(A) by striking out the period at the end of paragraph (5) 
and inserting in lieu thereof "; and"; and 
(B) by adding at the end the following new paragraph: 
"(6) 'former spouse' means a former spouse of a judicial 
official if the former spouse was married to such judicial official 
for at least 9 months.". 
(2) Section 376 of title 28, United States Code, is amended by 
adding at the end the following new subsections: 
"(s) A judicial official who has a former spouse may elect, under 
procedures prescribed by the Director of the Administrative Office 
of the United States Courts, to provide a survivor annuity for such 
former spouse under subsection (t). An election under this subsec-
tion shall be made at the time of retirement, or, if later, within 2 
years after the date on which the marriage of the former spouse to 
the judicial official is dissolved. An election under this subsection— 
"(1) shall not be effective to the extent that it— 
"(A) conflicts with— 
"(i) any court order or decree referred to in subsec-
tion (t)(l), which was issued before the date of such 
election, or 
"(ii) any agreement referred to in such subsection 
which w£is entered into before such date; or 
"(B) would cause the total of survivor annuities payable 
under subsections (h) and (t) based on the service of the 
judicial official to exceed 55 percent of the average annual 
salary (as such term is used in subsection (1)) of such official; 
and 
"(2) shall not be effective, in the case of a judicial official who 
is then married, unless it is made with the spouse's written 
consent. 
The Director of the Administrative Office of the United States 
Courts shall provide by regulation that paragraph (2) of this sub-
section may be waived if the judicial official establishes to the 
satisfaction of the Director that the spouse's whereabouts cannot be 
determined, or that, due to exceptional circumstances, requiring the 
judicial official to seek the spouse's consent would otherwise be 
inappropriate. 
"(t)(l) Subject to paragraphs (2) through (4) of this subsection, a 
former spouse of a deceased judicial official is entitled to a survivor 
annuity under this section if and to the extent expressly provided 
for in an election under subsection (s), or in the terms of any decree 
of divorce or annulment or any court order or court-approved 
property settlement agreement incident to such decree. 
Contracts. 
Regulations. 
100 STAT. 636 
PUBLIC LAW 99-336—JUNE 19, 1986 
"(2) The annuity payable to a former spouse under this subsection 
may not exceed the difference between— 
"(A) the maximum amount that would be payable as an 
annuity to a widow or widower under subsection (1), determined 
without taking into account any reduction of such annuity 
caused by payment of an annuity to a former spouse; and 
*'(B) the amount of any annuity payable under this subsection 
to any other former spouse of the judicial official, based on an 
election previously made under subsection (s), or a court order 
previously issued. 
"(3) The commencement and termination of an annuity payable 
under this subsection shall be governed by the terms of the ap-
plicable order, decree, agreement, or election, as the case may be, 
except that any such annuity— 
"(A) shall not commence before— 
"(i) the day after the judicial official dies, or 
"(ii) the first day of the second month beginning after the 
date on which the Director of the Administrative Office of 
the United States Courts receives written notice of the 
order, decree, agreement, or election, as the case may be, 
together with such additional information or documenta-
tion as the Director may prescribe, 
whichever is later, and 
"(B) shall terminate no later than the last day of the month 
before the former spouse remarries before becoming 55 years of 
age or dies. 
"(4) For purposes of this section, a modification in a decree, order, 
agreement, or election referred to in paragraph (1) of this subsection 
shall not be effective— 
"(A) if such modification is made after the retirement of the 
judicial official concerned, and 
"(B) to the extent that such modification involves an annuity 
under this subsection.". 
(3)(A) Subsection (1) of section 376 of title 28, United States 
Code (as amended by subsection (a)(4)(C) of this section), is 
amended by striking out the period at the end of the last 
sentence and by adding at the end the following: ", and by the 
amount of any annuity payable to a former spouse under 
subsection (t).". 
(B) Subsection (n) of section 376 of such title is amended in the 
last sentence by inserting after "equity," the following: "except 
as provided in subsections (s) and (t),"-
(C) Subsection (o) of section 376 of such title is amended in 
paragraphs (2) and (3) by inserting "or (t)" after "subsection (h)" 
each place it appears. 
28 use 376 note. 
(4) Payments of retirement salary as defined in section 
376(a)(2) of title 28, United States Code, which would otherwise 
be made to the judicial official upon whose service the retire-
ment salary is based, shall be paid (in whole or in part) to 
another person if and to the extent expressly provided for in the 
terms of any court decree of divorce, annulment, or legal sepa-
ration, or the terms of any court order or court-approved prop-
erty settlement agreement incident to any court decree of 
divorce, annulment, or legal separation. Any payment under 
this paragraph to a person bars recovery by any other person. 
This paragraph shall apply only to payments made after the 
date of receipt by the Director of the Administrative Office of 
PUBLIC LAW 99-336—JUNE 19, 1986 
100 STAT. 637 
United States Courts of written notice of such decree, order, or 
agreement, and such additional information and documentation 
as the Director may prescribe. As used in this paragraph, 
"court" means any court of any State or the District of 
Columbia. 
(e) CREDITABLE SERVICE.—Section 376(k)(l) of title 28, United 
States Code, is amended by deleting the phrase "subsection (b) of. 
(f) EFFECTIVE DATE.—This section shall take effect on October 1, 28 use 376 note. 
1986. 
SEC. 3. REMOVAL JURISDICTION. 
(a) SECTION 1441 AMENDMENT.—Section 1441 of title 28, United 
States Code, is amended by adding at the end the following new 
subsection: 
"(e) The court to which such civil action is removed is not pre-
cluded from hearing and determining any claim in such civil action 
because the State court from which such civil action is removed did 
not have jurisdiction over that claim.". 
(b) EFFECTIVE DATE.—The amendment made by this section shall 28 use 1441 
apply with respect to claims in civil actions commenced in State note. 
courts on or after the date of the enactment of this section. 
SEC. 4. COLLECTION OF FEES FOR THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF COLUMBIA. 
(a) SECTION 1914 AMENDMENT.—Section 1914 of title 28, United 
States Code, relating to district court fees, is amended by striking 
out subsection (d). 
(b) AMENDMENTS TO DISTRICT OF COLUMBIA CODE.— 
(1) Section 15-701(a) of the District of Columbia Code, relating 
to compensation taxed as costs, is amended by striking out 
"clerk of the United States District Court for the District of 
Columbia,". 
(2) Section 15-702 of such code, relating to docket fees, is 
amended— 
(A) by striking out "(a)" and all that follows through 
"Ot))"; and 
(B) by striking out the section heading and inserting in 
lieu thereof the following: 
"§ 15-702. Attorney fees taxed as costs". 
(3) Section 15-703 of such code, relating to deposit and secu-
rity for costs, is amended— 
(A) by striking out "(a)" and all that follows through "(b)" 
and inserting in lieu thereof "(a)"; 
(B) in the undesignated paragraph by inserting "(b)" 
immediately before "A nonresident"; and 
(C) in the section heading by striking out "Deposit for 
costs; security" and inserting in lieu thereof "Security". 
(4) Section 15-704 of such code, relating to advance payment 
of costs and fees, is amended— 
(A) in subsection (a) by striking out "(a)" and by striking 
out "the clerk of the United States District Court for the 
District of Columbia and"; and 
(B) by striking out subsection (b). 
(5) Section 15-706 of such code, relating to clerk's fees in the 
United States District Court for the District of Columbia, is 
hereby repealed. 
100 STAT. 638 
PUBLIC LAW 99-336—JUNE 19, 1986 
(6) Section 15-709(a) of such code, relating to fees and costs in 
Superior Court, is amended by striking out the second sentence. 
(7) The table of contents for chapter 7 of title 15 of such code, 
relating to fees and costs, is amended— 
(A) by striking out the item relating to section 15-702 and 
inserting in lieu thereof 
"15-702. Attorney fees taxed as costs."; 
and 
(B) by striking out "Deposit for costs; security" in the 
item relating to section 15-703 and inserting in lieu thereof 
"Security". 
28 use 1914 
(c) EFFECTIVE DATE.—The amendments made by this section shall 
note. 
apply with respect to any civil action, suit, or proceeding instituted 
on or after the date of the enactment of this Act. 
SEC. 5. JUDICIAL REVIEW OF FEDERAL MARITIME COMMISSION AND 
MARITIME ADMINISTRATION ORDERS. 
(a) SECTION 2342 AMENDMENT.—Section 2342(3) of title 28, United 
States Code, is amended to read as follows: 
"(3) all rules, regulations, or final orders o
f
— 
"(A) the Secretary of Transportation issued pursuant to 
section 2, 9, 37, 41, or 43 of the Shipping Act, 1916 (46 U.S.C. 
App. 802, 803, 808, 835, 839, and 841a); and 
"(B) the Federal Maritime Commission issued pursuant 
to— 
"(i) section 23, 25, or 43 of the Shipping Act, 1916 (46 
U.S.C. App. 822, 824, or 841a); 
"(ii) section 19 of the Merchant Marine Act, 1920 (46 
U.S.C. App. 876); 
"(iii) section 2, 3, 4, or 5 of the Intercoastal Shipping 
Act, 1933 (46 U.S.C. App. 844, 845, 845a, or 845b); 
"(iv) section 14 or 17 of the Shipping Act of 1984 (46 
U.S.C. App. 1713 or 1716); or 
"(v) section 2(d) or 3(d) of the Act of November 6,1966 
(46 U.S.C. App. 817d(d) or 817e(d);". 
28 use 2342 
(b) EFFECTIVE DATE.—The amendment made by this section shall 
note. 
apply with respect to any rule, regulation, or final order described in 
such amendment which is issued on or after the date of the enact-
ment of this Act. 
SEC. 6. TECHNICAL AMENDMENTS. 
(a) REDESIGNATION OF DUPLICATE SECTIONS.— 
(1) TITLE 28 AMENDMENTS.—Chapter 85 of title 28, United 
28 use 1330 et 
States Code, is amended— 
s«9- 
(A) in the table of sections by striking out 
"1364. Senate actions. 
"1364. Construction of references to laws of the United States or Acts of Congress." 
and inserting in lieu thereof the following: 
"1365. Senate actions. 
"1366. Construction of references to laws of the United States or Acts of Congress."; 
(B) by striking out the section heading 
"§ 1364. Senate actions" 
and inserting in lieu thereof the following: 
PUBLIC LAW 99-336—JUNE 19, 1986 
100 STAT. 639 
"§ 1365. Senate actions"; and 
(C) by striking out the section heading 
"§ 1364. Construction of references to laws of the United States or 
Acts of Congress" 
and inserting in lieu thereof the following: 
*'§ 1366. Construction of references to laws of the United States or 
Acts of Congress". 
(2) CONFORMING AMENDMENT.—Section 705(a) of the Ethics in 
Government Act of 1978 (Public Law 95-521; 2 U.S.C. 288d(a)) is 
amended by striking out "1364" and substituting "1365". 
(b) DELETION OF INCORRECT REFERENCES.—Paragraph (3) of section 
620(b) of title 28, United States Code, is amended— 
(1) by striking out "referees,"; and 
(2) by substituting "magistrates" for "commissioners". 
(c) EFFECTIVE DATE.—The amendments made by this section shall 
take effect on the date of the enactment of this Act. 
SEC. 7. FULL LIFE INSURANCE COVERAGE FOR RETIRED FEDERAL 
JUDGES. 
The Bankruptcy Amendments and Federal Judgeship Act of 1984 
(98 Stat. 333) is amended as follows: 
(1) section 206 is revised to read as follows: 
"SEC. 206. Sections 8706(a), 8714a(cXl), 8714b(cXl), and 8714c(cXl) of 
title 5, United States Code, are amended to insert immediately after 
the first sentence in each of those sections a new sentence which 
reads as follows: 'Justices and judges of the United States described 
in section 8701(a)(5) (ii) and (iii) of this chapter are deemed to 
continue in active emplojmient for purposes of this chapter.'."; and 
(2) section 207 is revised to read as follows: 
"SEC. 207. The amendments to chapter 87 of title 5, United States 
Code, made by section 206 of this Act shall apply in the case of any 
justice or judge who is retired under section 371(a) or 371(b) or 372(a) 
of title 28, United States Code. The amendments apply to those who 
retire on or after January 1,1982.". 
Approved June 19, 1986. 
28 u s e 620 note. 
28 u s e 151 note. 
5 u s e 8714a. 
5 u s e 8706 note. 
5 u s e 8714b. 
5 u s e 8701 et 
seq. 
LEGISLATIVE HISTORY—H.R. 3570: 
HOUSE REPORT: No. 99-423, Pt. 1 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD: 
Vol. 131 (1985): Dec. 16, considered and passed House. 
Vol. 132 (1986): Apr. 11, considered and passed Senate, amended. 
May 22, House agreed to Senate amendments.