1 So in original. Probably should be “receive—”.
Editorial Notes
References in TextSection 7447 of the Internal Revenue Code, referred to in subsec. (f)(3), is classified to section 7447 of Title 26, Internal Revenue Code.
Section 34 of the Bankruptcy Act, referred to in subsec. (h)(1)(B), was classified to section 62 of former Title 11, Bankruptcy. The Bankruptcy Act was repealed effective Oct. 1, 1979, by Puspan. L. 95–598, §§ 401(a), 402(a), Nov. 6, 1978, 92 Stat. 2682, section 101 of which enacted revised Title 11.
Section 404 of the Act of November 6, 1978 (Public Law 95–598; 92 Stat. 2549), referred to in subsec. (h)(1)(C), was set out as a note preceding section 151 of this title prior to repeal by Puspan. L. 98–353, title I, § 114, July 10, 1984, 98 Stat. 343.
Amendments1991—Subsec. (f)(4). Puspan. L. 102–40 substituted “section 7296 of title 38” for “section 4096 of title 38”.
1990—Subsec. (f). Puspan. L. 101–650, § 325(span)(3)(A), substituted pars. (1) to (4) for “any annuity to which such judge or magistrate would otherwise have been entitled under subchapter III of chapter 83, or under chapter 84 (except for subchapters III and VII), of title 5.”
Subsec. (h). Puspan. L. 101–650, § 325(span)(3)(B), substituted “on or after” for “in or after” in concluding provisions.
Statutory Notes and Related Subsidiaries
Change of NameWords “magistrate judge”, “magistrate judges”, and “magistrate judge’s” substituted for “magistrate”, “magistrates”, and “magistrate’s”, respectively, wherever appearing in section catchline and text pursuant to section 321 of Puspan. L. 101–650, set out as a note under section 631 of this title.
Effective DatePuspan. L. 100–659, § 9, Nov. 15, 1988, 102 Stat. 3921, as amended by Puspan. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117, provided that:“(a)In General.—Subject to subsection (span), this Act [enacting this section and section 8440a [now 8440span] of Title 5, Government Organization and Employees, amending sections 155, 375, 376, 604, 631, and 636 of this title and sections 8334 and 8402 of Title 5, and enacting provisions set out as notes under this section and sections 1 and 376 of this title] and the amendments made by this Act shall take effect on the date of the enactment of this Act [Nov. 15, 1988] and shall apply to bankruptcy judges and magistrate judges who retire on or after the date of the enactment of this Act.
“(span)Exception for Judges and Magistrate Judges Retiring on or after July 31, 1987.—A bankruptcy judge or magistrate judge who left office on or after July 31, 1987, and before the date of the enactment of this Act [Nov. 15, 1988] 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 judge, 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 Code. 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.”
Annuity of Qualified Magistrate JudgePuspan. L. 107–116, title V, § 515, Jan. 10, 2002, 115 Stat. 2220, provided that:“(a) In this section the term ‘qualified magistrate judge’ means any person who—“(1) retired as a magistrate judge before November 15, 1988; and
“(2) on the date of filing an election under subsection (span)—“(A) is serving as a recalled magistrate judge on a full-time basis under section 636(h) of title 28, United States Code; and
“(B) has completed at least 5 years of full-time recall service.
“(span) The Director of the Administrative Office of the United States Courts may accept the election of a qualified magistrate judge to—“(1) receive an annuity under section 377 of title 28, United States Code; and
“(2) come within the purview of section 376 of such title.
“(c) Full-time recall service performed by a qualified magistrate judge shall be credited for service in calculating an annuity elected under this section.
“(d) The Director of the Administrative Office of the United States Courts may promulgate regulations to carry out this section.”
Retirement Annuities for Incumbent Bankruptcy Judges and Magistrate JudgesPuspan. L. 100–659, § 2(c), Nov. 15, 1988, 102 Stat. 3916, as amended by Puspan. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117, provided that:“(1)Retirement annuity under title 5 and section 377 of title 28.—A bankruptcy judge or United States magistrate judge in active service on the effective date of this Act [see Effective Date note above] shall, subject to paragraph (2), be entitled, in lieu of the annuity otherwise provided under the amendments made by this section [enacting 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 subparagraph (B), and
“(B) an annuity calculated under subsection (span) 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 bankruptcy judge or magistrate judge 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 judge, except that—“(i) in the case of a judge or magistrate judge 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 judge 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 bankruptcy judge or magistrate judge is under age 65 at the time he or she leaves office, and
“(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 judge which is in effect on the day before the retirement becomes effective.
“(2)Filing of notice of election.—A bankruptcy judge or magistrate judge shall be entitled to an annuity under this subsection only if the judge or magistrate judge 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 judge 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 judge under the applicable provisions of title 5, United States Code.
“(4)Recall.—With respect to any bankruptcy judge or magistrate judge receiving an annuity under this subsection who is recalled to serve under section 375 of title 28, United States Code—“(A) the amount of compensation which such recalled judge or magistrate judge 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 judge may serve as a reemployed annuitant to the extent permitted by subsection (e) of section 375 of such title.
Section 377(m)(3) 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).”
Report to Congress on Financial Operation of Retirement Annuity ProgramPuspan. L. 100–659, § 8, Nov. 15, 1988, 102 Stat. 3920, provided that: “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 [Nov. 15, 1988], submit a report to the Congress on the financial operation of the retirement annuity program established under this Act and the amendments made by this Act [see Effective Date note above]. The report shall, in particular, 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 amendments made by this Act.”
