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son who is constituted guardian or other fiduciary of such claimant by the laws of the State of residence of such claimant, or to any other person who is otherwise legally vested with the care of the claimant or of the claimant's estate, and need not be made directly to such claimant. The Director of the Administrative Office of the United States Courts may, at his or her discretion, determine whether such payment is made directly to such claimant or to such guardian, fiduciary, or other person legally vested with the care of such claimant or the claimant's estate. Where no guardian or other fiduciary of such minor or such person under legal disability has been appointed under the laws of the State of residence of such claimant, the Director of the Administrative Office of the United States Courts shall determine the person who is otherwise legally vested with the care of the claimant or of the claimant's estate. (k) The years of service rendered by a judicial official which may be creditable in calculating the amount of an annuity for such judicial official's widow or widower under subsection (l) of this section shall include - (1) those years during which such judicial official served in any of the offices designated in paragraph (1) of subsection (a) of this section, including in the case of a Justice or judge of the United States those years during which he or she continued to hold office following retirement from regular active service under section 371 or subsection (a) of section 372 of this title; (2) those years during which such judicial official served as a Senator, Representative, Delegate, or Resident Commissioner in Congress, prior to assuming the responsibilities of any of the offices designated in paragraph (1) of subsection (a) of this section; (3) those years during which such judicial official honorably served on active duty in the Army, Navy, Air Force, Marine Corps, or Coast Guard of the United States, prior to assuming the responsibilities of any of the offices designated in paragraph (1) of subsection (a) of this section: Provided, That those years of such military service for which credit has been allowed for the purposes of retirement or retired pay under any other provision of law shall not be included as allowable years of such service under this section; (4) those years during which such judicial official served as an "employee", as that term is defined in subsection (1) of section 8331 of title 5, prior to assuming the responsibilities of any of the offices designated in paragraph (1) of subsection (a) of this section,(!1) and (5) those years during which such judicial official had deductions withheld from his or her retirement salary in accordance with subsection (b)(1) or (2) of this section. For the purposes of this subsection the term "years" shall mean full years and twelfth parts thereof, excluding from the aggregate any fractional part of a month which numbers less than fifteen full days and including, as one full month, any fractional part of a month which numbers fifteen full days or more. Nothing in this subsection shall be interpreted as waiving or canceling that reduction in the annuity of a widow or widower which is required by subsection (d) of this section due to the failure of a judicial official to make those deposits required by subsection (d) of this section. (l) The annuity of a widow or widower of a judicial official shall be an amount equal to the sum of - (1) 1.5 percent of the average annual salary, including retirement salary, which such judicial official received for serving in any of the offices designated in paragraph (1) of subsection (a) of this section (i) during those three years of such service, or during those three years while receiving a retirement salary, in which his or her annual salary or retirement salary was greatest, or (ii) if such judicial official has so served less than three years, then during the total period of such service prior to his or her death, multiplied by the total of: (A) the number of years of creditable service tabulated in accordance with paragraph (1) of subsection (k) of this section; plus (B) the number of years of creditable service tabulated in accordance with paragraph (2) of subsection (k) of this section; plus (C) the number of years of creditable service tabulated in accordance with paragraph (3) of subsection (k) of this section; plus (D) the number of years during which the judicial official had deductions withheld from his or her retirement salary under subsection (b)(1) or (2) of this section; plus (E) the number of years up to, but not exceeding, fifteen of creditable service tabulated in accordance with paragraph (4) of subsection (k) of this section, plus: (2) three-fourths of 1 percent of such average annual salary, multiplied by the number of years of any prior creditable service, as tabulated in accordance with subsection (k) of this section, not applied under paragraph (1) of this subsection; 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 determined in accordance with the provisions of this subsection shall be reduced to the extent required by subsection (d) of this section, and by the amount of any annuity payable to a former spouse under subsection (t). (m) Each time that an increase is made under section 8340(b) of title 5 in annuities paid under subchapter III of chapter 83 of such title, each annuity payable from the Judicial Survivors' Annuities Fund shall be increased at the same time by the same percentage by which annuities are increased under that section. (n) Each annuity authorized under this section shall accrue monthly and shall be due and payable in monthly installments on the first business day of the month following the month or other period for which the annuity shall have accrued. No annuity authorized under this section shall be assignable, either in law or in equity, except as provided in subsections (s) and (t), or subject to execution, levy, attachment, garnishment, or other legal process. (o)(1) In any case in which a judicial official dies while in office, while receiving retirement salary, or after filing an election and otherwise complying with the conditions under subsection (b)(2) of this section, and; (A) subject to paragraph (2) of this subsection, before having completed eighteen months of civilian service, computed in accordance with subsection (k) of this section, during which the salary deductions provided by subsection (b) of this section or the deposit required by subsection (d) of this section have actually been made; or (B) after having completed eighteen months of civilian service, computed in accordance with subsection (k) of this section, during which all such deductions or deposits have been made, but without a survivor or survivors who are entitled to receive the annuity benefits provided by subsection (h) or (t) of this section; or (C) the rights of all persons entitled to receive the annuity benefits provided by subsection (h) or (t) of this section terminate before a valid claim therefor has been established; the total amount credited to the individual account of that judicial official, established under subsection (e) of this section, 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 that judicial official's death, shall be paid, upon the establishment of a valid claim therefor, to the person or persons surviving at the date title to the payment arises, in the following order of precedence: First, to the beneficiary or beneficiaries whom that judicial official may have designated in a writing received by the Administrative Office of the United States Courts prior to his or her death; Second, if there be no such beneficiary, to the widow or widower of such judicial official; Third, if none of the above, to the child or children of such judicial official and the descendants of any deceased children by representation; Fourth, if none of the above, to the parents of such judicial official or the survivor of them; Fifth, if none of the above, to the duly appointed executor, executrix, administrator, or administratrix of the estate of such judicial official; Sixth, if none of the above, to such other next of kin of such judicial official, as may be determined by the Director of the Administrative Office of the United States Courts to be entitled to such payment, under the laws of the domicile of such judicial official, at the time of his or her death. Such payment shall be a bar to recovery by any other person. For the purposes of this subsection only, a determination that an individual is a widow, widower, or child of a judicial official may be made by the Director of the Administrative Office of the United States Courts without regard to the definitions of those terms contained in paragraphs (3), (4), and (5) of subsection (a) of this section. (2) In cases in which a judicial official dies as a result of assassination and leaves a survivor or survivors who are entitled to receive the annuity benefits provided by subsection (h) or (t) of this section, paragraph (1)(A) of this subsection shall not apply. (p) In any case in which all the annuities which are authorized by this section and based upon the service of a given official terminate before the aggregate amount of annuity payments received by the annuitant or annuitants equals the total amount credited to the individual account of such judicial official, established under subsection (e) of this section 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 that judicial official's death, the difference between such total amount, with such interest, and such aggregate amount shall be paid, upon establishment of a valid claim therefor, in the order of precedence prescribed in subsection (o) of this section. (q) Any accrued annuity benefits remaining unpaid upon the termination of an annuity, other than by the death of an annuitant, shall be paid to that annuitant. Any accrued annuity benefits remaining unpaid upon the death of an annuitant shall be paid, upon the establishment of a valid claim therefor, in the following order of precedence: First, to the duly appointed executor, executrix, administrator, or administratrix of the estate of such annuitant; Second, if there is no such executor, executrix, administrator, or administratrix, payments shall be made, after the expiration of sixty days from the date of death of such annuitant, to such individual or individuals as may appear, in the judgment of the Director of the Administrative Office of the United States Courts, to be legally entitled thereto, and such payment shall be a bar to recovery by any other individual. (r) Nothing contained in this section shall be interpreted to prevent a widow or widower eligible for an annuity under this section from simultaneously receiving such an annuity while also receiving any other annuity to which such widow or widower may also be entitled under any other law without regard to this section: Provided, That service used in the computation of the annuity conferred by this section shall not also be credited in computing any such other annuity. (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 subsection 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 subsection (t)(1), which was issued before the date of such election, or (ii) any agreement referred to in such subsection which was 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 (l)) 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 subsection 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)(1) 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. (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 (l), 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 applicable 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 documentation 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. (u) In the case of a judicial official who is assassinated, an annuity shall be paid under this section notwithstanding a survivor's eligibility for or receipt of benefits under chapter 81 of title 5, except that the annuity for which a surviving spouse is eligible under this section shall be reduced to the extent that the total benefits paid under this section and chapter 81 of title 5 for any year would exceed the current salary for that year of the office of the judicial official. (v) Subject to the terms of a decree, court order, or agreement described in subsection (t)(1), if any judicial official ceases to be married after making the election under subsection (a), he or she may revoke such election in writing by notifying the Director of the Administrative Office of the United States Courts. The judicial official shall also notify any spouse or former spouse of the application for revocation in accordance with such requirements as the Director of the Administrative Office of the United States Courts shall by regulation prescribe. The Director may provide under such regulations that the notification requirement may be waived with respect to a spouse or former spouse if the judicial official establishes to the satisfaction of the Director that the whereabouts of such spouse or former spouse cannot be determined. (w) 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. -SOURCE- (Added Aug. 3, 1956, ch. 944, Sec. 2, 70 Stat. 1021; amended Pub. L. 85-508, Sec. 12(n), July 7, 1958, 72 Stat. 348; Pub. L. 90-219, title II, Sec. 202, Dec. 20, 1967, 81 Stat. 668; Pub. L. 90-466, Sec. 1(a), Aug. 8, 1968, 82 Stat. 662; Pub. L. 92-397, Secs. 2, 3(c), Aug. 22, 1972, 86 Stat. 579, 580; Pub. L. 94-554, Sec. 2, Oct. 19, 1976, 90 Stat. 2603; Pub. L. 95-598, title II, Sec. 211, Nov. 6, 1978, 92 Stat. 2661; Pub. L. 99-336, Sec. 2(a), (d)(1)-(3), (e), June 19, 1986, 100 Stat. 633, 635-637; Pub. L. 99-396, Sec. 21(b), Aug. 27, 1986, 100 Stat. 846; Pub. L. 100-659, Sec. 3(a), Nov. 15, 1988, 102 Stat. 3917; Pub. L. 100-702, title X, Sec. 1017(a), Nov. 19, 1988, 102 Stat. 4670; Pub. L. 101-650, title III, Secs. 306(b), 321, 322(a)-(f), (g)[(h)], Dec. 1, 1990, 104 Stat. 5109, 5117-5120; Pub. L. 102-572, title II, Sec. 201(a)-(i), title IX, Sec. 902(b), Oct. 29, 1992, 106 Stat. 4508-4510, 4516; Pub. L. 104-317, title III, Secs. 302, 308, Oct. 19, 1996, 110 Stat. 3851, 3853; Pub. L. 106-518, title III, Sec. 312(b), Nov. 13, 2000, 114 Stat. 2421.) -REFTEXT- REFERENCES IN TEXT The date of the enactment of the Retirement and Survivors' Annuities for Bankruptcy Judges and Magistrates Act of 1988, referred to in subsec. (a)(1)(v), is the date of the enactment of Pub. L. 100-659, which was approved Nov. 15, 1988. The date of the enactment of the Federal Courts Study Committee Implementation Act of 1990, referred to in subsec. (a)(1)(vi), is the date of enactment of Pub. L. 101-650, which was approved Dec. 1, 1990. The date of the enactment of the Federal Courts Administration Act of 1992, referred to in subsec. (a)(1)(vii), is the date of enactment of Pub. L. 102-572, which was approved Oct. 29, 1992. Section 3 of the Judicial Survivors' Annuities Reform Act, referred to in subsec. (b)(3), is section 3 of Pub. L. 94-554, which is set out as a note below. -MISC1- AMENDMENTS 2000 - Subsec. (a)(1)(D). Pub. L. 106-518, Sec. 312(b)(1), substituted "subsection (a)" for "subsection (b)". Subsec. (a)(2)(D). Pub. L. 106-518, Sec. 312(b)(2), substituted "subsection (b) or (c)" for "subsection (c) or (d)". 1996 - Subsec. (b)(1). Pub. L. 104-317, Sec. 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, Sec. 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, Secs. 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, Sec. 902(b)(1), substituted "United States Court of Federal Claims" for "United States Claims Court". Subsec. (b). Pub. L. 102-572, Sec. 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, Sec. 201(c), substituted "3.5 percent" for "5 percent". Subsec. (g). Pub. L. 102-572, Sec. 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, Sec. 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, Sec. 201(f), added par. (5). Subsec. (l)(1). Pub. L. 102-572, Sec. 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, Sec. 201(h), added subsec. (v). Subsec. (w). Pub. L. 102-572, Sec. 201(i), added subsec. (w). 1990 - Subsec. (a)(1). Pub. L. 101-650, Sec. 306(b)(1), added subpar. (G) and cl. (vi) before semicolon at end. Subsec. (a)(2)(G). Pub. L. 101-650, Sec. 306(b)(2), added subpar. (G). Subsec. (a)(5)(C). Pub. L. 101-650, Sec. 322(g)(2), substituted "paragraph" for "subparagraph". Subsec. (a)(7). Pub. L. 101-650, Sec. 322(b), added par. (7). Subsec. (b). Pub. L. 101-650, Sec. 306(b)(3), substituted "section 178 or 377" for "section 377" in two places. Subsec. (h)(1). Pub. L. 101-650, Sec. 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

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