[United States Statutes at Large, Volume 123, 111th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]
123 STAT. 1976
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 Coverage.--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 ENROLLMENT ELECTION.
(a) Contribution Rate.--Every active judicial official who files a
written notification of his or her intention to participate in the
[[Page 1977]]
123 STAT. 1977
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' Annuities 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 additional 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 Protection 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.''.
[[Page 1978]]
123 STAT. 1978
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.
LEGISLATIVE HISTORY--S. 1107:
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CONGRESSIONAL RECORD, Vol. 155 (2009):
July 10, considered and passed Senate.
July 29, considered and passed House.