Amendments
2012—Subsec. (h)(2). Pub. L. 112–234, § 2(b)(2), substituted “subsection (w)” for “subsection (x)”.
Subsecs. (w) to (y). Pub. L. 112–234, § 2(b)(1), redesignated subsecs. (x) and (y) as (w) and (x), respectively, and struck out former subsec. (w) which read as follows: “The Comptroller General of the United States shall, at the end of each 3-fiscal year period, determine whether the contributions by judicial officials under subsection (b) during that 3-year period accounted for 50 percent of the costs of the Judicial Survivors’ Annuities Fund and if not, then what adjustments in the contribution rates under subsection (b) should be made to achieve that 50 percent figure. The Comptroller General shall report the results of each determination under this subsection to the Congress.”
2009—Subsec. (y). Pub. L. 111–49 added subsec. (y).
2008—Subsec. (a)(1)(E), (2)(E). Pub. L. 110–402 substituted “a Counselor” for “an administrative assistant”.
Subsec. (h)(2). Pub. L. 110–428, § 3(b), substituted “, subject to subsection (x).” for period at end.
Subsec. (x). Pub. L. 110–428, § 3(a), added subsec. (x).
2000—Subsec. (a)(1)(D). Pub. L. 106–518, § 312(b)(1), substituted “subsection (a)” for “subsection (b)”.
Subsec. (a)(2)(D). Pub. L. 106–518, § 312(b)(2), substituted “subsection (b) or (c)” for “subsection (c) or (d)”.
1996—Subsec. (b)(1). Pub. L. 104–317, § 308, amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Every judicial official who files a written notification of his or her intention to come within the purview of this section, in accordance with paragraph (1) of subsection (a) of this section, shall be deemed thereby to consent and agree to having deducted and withheld from his or her salary, a sum equal to 2.2 percent of that salary, and a sum equal to 3.5 percent of his or her retirement salary. The deduction from any retirement salary—
“(A) of a justice or judge of the United States retired from regular active service who is described in section 371(b)(1) of this title,
“(B) of a justice or judge of the United States retired under section 372(a) of this title who is willing and able to perform judicial duties in accordance with section 294 of this title,
“(C) of a judge of the United States Court of Federal Claims retired under section 178(a) or (b) of this title who meets the requirements of section 178(d) of this title, or
“(D) of a judicial official on recall under section 155(b), 797, 373(c)(4), 375, or 636(h) of this title,
shall be an amount equal to 2.2 percent of retirement salary.”
Subsec. (o)(1). Pub. L. 104–317, § 302, substituted “while receiving retirement salary, or after filing an election and otherwise complying with the conditions under subsection (b)(2) of this section,” for “or while receiving ‘retirement salary’,” in introductory provisions.
1992—Subsec. (a)(1). Pub. L. 102–572, §§ 201(a), 902(b)(2), in concluding provisions substituted “Court of Federal Claims” for “Claims Court” in cl. (vi) and added cl. (vii).
Subsec. (a)(1)(G), (2)(G). Pub. L. 102–572, § 902(b)(1), substituted “United States Court of Federal Claims” for “United States Claims Court”.
Subsec. (b). Pub. L. 102–572, § 201(b), designated first sentence as par. (1), substituted “a sum equal to 2.2 percent of that salary, and a sum equal to 3.5 percent of his or her retirement salary.” and second sentence for “including any ‘retirement salary’, a sum equal to 5 percent of that salary.”, added par. (2), designated last 3 sentences as par. (3), and substituted “deducted and withheld from the salary of each judicial official under paragraphs (1) and (2) of this subsection” for “so deducted and withheld from the salary of each such judicial official”.
Subsec. (d)(1), (2). Pub. L. 102–572, § 201(c), substituted “3.5 percent” for “5 percent”.
Subsec. (g). Pub. L. 102–572, § 201(d), amended subsec. (g) generally. Prior to amendment, subsec. (g) read as follows: “If any judicial official resigns from office without receiving any ‘retirement salary,’ all amounts credited to his or her individual account, together with interest at 4 percent per annum to December 31, 1947; and at 3 percent per annum thereafter, compounded on December 31 of each year, to the date of his or her relinquishment of office, shall be returned to that judicial official in a lump-sum payment within a reasonable period of time following the date of his or her relinquishment of office. For the purposes of this subsection a ‘reasonable period of time’ shall be presumed to be no longer than one year following the date upon which such judicial official relinquished his or her office.”
Subsec. (h)(1). Pub. L. 102–572, § 201(e), substituted “while receiving retirement salary, or after filing an election and otherwise complying with the conditions under subsection (b)(2) of this section” for “or while receiving ‘retirement salary,’ ”.
Subsec. (k)(5). Pub. L. 102–572, § 201(f), added par. (5).
Subsec. (l)(1). Pub. L. 102–572, § 201(g), substituted “, or during those three years while receiving a retirement salary, in which his or her annual salary or retirement salary” for “in which his or her annual salary” in cl. (i) of introductory provisions, added subpar. (D), and redesignated former subpar. (D) as (E).
Subsec. (v). Pub. L. 102–572, § 201(h), added subsec. (v).
Subsec. (w). Pub. L. 102–572, § 201(i), added subsec. (w).
1990—Subsec. (a)(1). Pub. L. 101–650, § 306(b)(1), added subpar. (G) and cl. (vi) before semicolon at end.
Subsec. (a)(2)(G). Pub. L. 101–650, § 306(b)(2), added subpar. (G).
Subsec. (a)(5)(C). Pub. L. 101–650, § 322(g)(2), substituted “paragraph” for “subparagraph”.
Subsec. (a)(7). Pub. L. 101–650, § 322(b), added par. (7).
Subsec. (b). Pub. L. 101–650, § 306(b)(3), substituted “section 178 or 377” for “section 377” in two places.
Subsec. (h)(1). Pub. L. 101–650, § 322(a)(1)–(4), inserted “(A)” before “after having completed”, inserted “, or (B) if the death of such judicial official was by assassination, before having satisfied the requirements of clause (A) if, for the period of such service, the deductions provided by subsection (b) or, in lieu thereof, the deposits required by subsection (d) have actually been made” after “have actually been made”, redesignated former subpars. (A) to (C) as cls. (i) to (iii), respectively, in cl. (ii) redesignated former cls. (i) and (ii) as subcls. (I) and (II), respectively, in cl. (iii) redesignated former cls. (i) to (iii) as subcls. (I) to (III), respectively, and in subcl. (I) substituted “clause (i) of this paragraph” for “subparagraph (1)(A) of this subsection”.
Subsec. (h)(2). Pub. L. 101–650, § 322(g)(1)(A), substituted “clause (i) or (ii) of paragraph (1)” for “subparagraphs (1)(A) or (1)(B)”.
Subsec. (h)(3). Pub. L. 101–650, § 322(g)(1)(B), substituted “paragraph” for “subparagraph” wherever appearing.
Subsec. (h)(4). Pub. L. 101–650, § 322(g)(1)(C), substituted “paragraph (1)(ii)” for “subparagraph (1)(B)” in two places and “paragraph (1)(iii)” for “subparagraph (1)(C)”.
Subsec. (h)(6). Pub. L. 101–650, § 322(a)(5), added par. (6).
Subsec. (i). Pub. L. 101–650, § 322(c), designated existing provisions as par. (1) and added par. (2).
Subsec. (l)(1)(ii). Pub. L. 101–650, § 322(d), struck out “but more than eighteen months,” after “less than three years,”.
Subsec. (o). Pub. L. 101–650, § 322(e), inserted “(1)” after “(o)”, redesignated former pars. (1) to (3) as subpars. (A) to (C), respectively, inserted “subject to paragraph (2) of this subsection,” before “before having completed” in subpar. (A), and added par. (2).
Subsec. (u). Pub. L. 101–650, § 322(f), added subsec. (u).
1988—Subsec. (a)(1). Pub. L. 100–659, § 3(a)(1), added subpar. (F) and substituted “, (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 magistrate in active service on that date;” for “; or (iv) October 1, 1986;” in concluding provisions.
Subsec. (a)(2)(F). Pub. L. 100–659, § 3(a)(2), added subpar. (F).
Subsec. (b). Pub. L. 100–659, § 3(a)(3), inserted “(and any deductions made under section 377 of this title or under subchapter III of chapter 83, or chapter 84, of title 5)” after “deductions” and “(and under section 377 of this title or under subchapter III of chapter 83, or chapter 84, of title 5)” before period at end of last sentence.
Subsec. (m). Pub. L. 100–702 amended subsec. (m) generally. Prior to amendment, subsec. (m) read as follows: “Whenever the salary paid for service in one of the offices designated in paragraph (1) of subsection (a) of this section is increased, each annuity payable from the ‘Judicial Survivors’ Annuities Fund’, which is based, in whole or in part, upon a deceased judicial official having rendered some portion of his or her final eighteen months of service in that same office, shall also be increased. The actual amount of the increase in such an annuity shall be determined by multiplying the amount of the annuity, on the date on which the increase in salary becomes effective, by 3 percent for each 5 percent by which such salary has been increased. In the event that such salary is increased by less than 5 percent, there shall be no increase in such annuity.”
1986—Subsec. (a)(1). Pub. L. 99–336, § 2(a)(1), substituted “she marries, (iii) January 1, 1977; or (iv) October 1, 1986” for “she marries, or (iii) the date upon which the Judicial Survivors’ Annuities Reform Act becomes effective” in concluding provision.
Subsec. (a)(1)(B). Pub. L. 99–396, § 21(b)(1), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “a judge of the United States District Court for the District of the Canal Zone, the District Court of Guam, or the District Court of the Virgin Islands;”.
Subsec. (a)(2)(B). Pub. L. 99–396, § 21(b)(2), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “in the case of a judge of the United States District Court for the District of the Canal Zone, the District Court of Guam, or the District Court of the Virgin Islands, salary paid after retirement from office (i) by resignation on salary under section 373 of this title or (ii) by removal or failure of reappointment after not less than ten years’ judicial service;”.
Subsec. (a)(6). Pub. L. 99–336, § 2(d)(1), added par. (6).
Subsec. (b). Pub. L. 99–336, § 2(a)(2), substituted “5 percent” for “4.5 percent”.
Subsec. (c). Pub. L. 99–336, § 2(a)(3), in amending subsec. (c) generally, designated existing provisions as par. (1), substituted provisions which related to amounts deposited to credit of Judicial Survivors’ Annuities Fund to reduce unfunded liability of Fund to zero, for provisions which related to deposit of amounts matching those deducted and withheld in accordance with subsec. (b), and added pars. (2) and (3).
Subsec. (d). Pub. L. 99–336, § 2(a)(2), substituted “5 percent” for “4.5 percent” in pars. (1) and (2).
Subsec. (h)(1)(B). Pub. L. 99–336, § 2(a)(4)(A), substituted “10 percent of the average annual salary determined under subsection (l)(1) of this section” for “$1,548” in cl. (i) and “20 percent of such average annual salary” for “$4,644” in cl. (ii).
Subsec. (h)(1)(C). Pub. L. 99–336, § 2(a)(4)(B), substituted “20 percent of the average annual salary determined under subsection (l)(1) of this section” for “$1,860” in cl. (ii) and “40 percent of such average annual salary amount” for “$5,580” in cl. (iii).
Subsec. (h)(2). Pub. L. 99–336, § 2(a)(4)(C), inserted “before attaining age 55” after “or remarriage”.
Subsec. (k)(1). Pub. L. 99–336, § 2(e), struck out “under subsection (b) of” before “section 371”.
Subsec. (l). Pub. L. 99–336, § 2(a)(5)(C), (d)(3)(A), substituted provisions which set annuity limit not to exceed 50 percent of, nor be less than 25 percent of, average annual salary, for provisions which set annuity limit not to exceed 40 percent of average annual salary, and inserted provision that annuity determined in accordance with provisions of subsec. (l) be reduced by the amount of any annuity payable to a former spouse under subsection (t).
Subsec. (l)(1). Pub. L. 99–336, § 2(a)(5)(A), substituted “1.5 percent” for “1¼ percent”.
Subsec. (l)(2). Pub. L. 99–336, § 2(a)(5)(B), substituted “of this subsection;” for “of this subsection:”.
Subsec. (n). Pub. L. 99–336, § 2(d)(3)(B), inserted “except as provided in subsections (s) and (t),” after “in equity,” in last sentence.
Subsec. (o)(2), (3). Pub. L. 99–336, § 2(d)(3)(C), inserted “or (t)” after “subsection (h)”.
Subsecs. (s), (t). Pub. L. 99–336, § 2(d)(2), added subsecs. (s) and (t).
1978—Subsec. (a)(2)(A). Pub. L. 95–598 directed the amendment of subpar. (A) by adding cl. (iii) relating to bankruptcy judges, which amendment did not become effective pursuant to section 402(b) of Pub. L. 95–598, as amended, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.
1976—Pub. L. 94–554 amended section generally so as to reform and update the existing judicial survivors’ annuity program providing benefits for surviving spouses and children of all Federal Justices and judges who elect to join the program by placing the program in an actuarially sound fiscal condition, providing more liberal eligibility standards and reasonable increases in existing annuity amounts made necessary by increases in the cost of living since existing annuities were commenced, and by establishing a method for providing future periodic increases in annuity amounts by keying them into increases in judicial salaries.
1972—Subsecs. (a) to (c), (e) to (g), (i) to (k), (n), (o). Pub. L. 92–397 substituted “of justices and judges of the United States” for “of judges” in section catchline and substituted “justice or judge” for “judge” and “justice’s or judge’s” for “judge’s” wherever appearing.
1968—Subsec. (a). Pub. L. 90–466 struck out “(or within six months after the enactment of this section)” after “takes office” and authorized Federal judges to elect within six months of marriage to participate in the judicial survivors annuity system.
1967—Subsecs. (r), (s). Pub. L. 90–219 added subsecs. (r) and (s).
1958—Subsec. (q). Pub. L. 85–508 struck out provisions which related to the judge of the District Court for the Territory of Alaska. See section 81A of this title which establishes a United States District Court for the State of Alaska.