Online Attorney

ge or magistrate judge under section 155(b), 375, or 636(h) of this title) shall forfeit all rights to an annuity under this section for the period for which such compensation is received. For purposes of this paragraph, the term "compensation" includes retired pay or salary received in retired status. (n) Lump-Sum Payments. - (1) Eligibility. - (A) Subject to paragraph (2), an individual who serves as a bankruptcy judge or magistrate judge and - (i) who leaves office and is not reappointed as a bankruptcy judge or magistrate judge for at least 31 consecutive days; (ii) who files an application with the Administrative Office of the United States Courts for payment of the lump-sum credit; (iii) is not serving as a bankruptcy judge or magistrate judge at the time of filing of the application; and (iv) will not become eligible to receive an annuity under this section within 31 days after filing the application; is entitled to be paid the lump-sum credit. Payment of the lump-sum credit voids all rights to an annuity under this section based on the service on which the lump-sum credit is based, until that individual resumes office as a bankruptcy judge or magistrate judge. (B) Lump-sum benefits authorized by subparagraphs (C), (D), and (E) of this paragraph shall be paid to the person or persons surviving the bankruptcy judge or magistrate judge and alive on the date title to the payment arises, in the order of precedence set forth in subsection (o) of section 376 of this title, and in accordance with the last two sentences of that subsection. For purposes of the preceding sentence, the term "judicial official" as used in subsection (o) of section 376 shall be deemed to mean "bankruptcy judge or magistrate judge". (C) If a bankruptcy judge or magistrate judge dies before receiving an annuity under this section, the lump-sum credit shall be paid. (D) If all annuity rights under this section based on the service of a deceased bankruptcy judge or magistrate judge terminate before the total annuity paid equals the lump-sum credit, the difference shall be paid. (E) If a bankruptcy judge or magistrate judge who is receiving an annuity under this section dies, annuity accrued and unpaid shall be paid. (F) Annuity accrued and unpaid on the termination, except by death, of the annuity of a bankruptcy judge or magistrate judge shall be paid to that individual. (G) Subject to paragraph (2), a bankruptcy judge or magistrate judge who forfeits rights to an annuity under subsection (m)(3) before the total annuity paid equals the lump-sum credit, shall be entitled to be paid the difference if the bankruptcy judge or magistrate judge files an application with the Administrative Office of the United States Courts for payment of that difference. A payment under this subparagraph voids all rights to an annuity on which the payment is based. (2) Spouses and former spouses. - (A) Payment of the lump-sum credit under paragraph (1)(A) or a payment under paragraph (1)(G) - (i) may be made only if any current spouse and any former spouse of the bankruptcy judge or magistrate judge are notified of the bankruptcy judge's or magistrate judge's application; and (ii) shall be subject to the terms of a court decree of divorce, annulment, or legal separation or any court or court approved property settlement agreement incident to such decree, if - (I) the decree, order, or agreement expressly relates to any portion of the lump-sum credit or other payment involved; and (II) payment of the lump-sum credit or other payment would extinguish entitlement of the bankruptcy judge's or magistrate judge's spouse or former spouse to any portion of an annuity under subsection (i). (B) Notification of a spouse or former spouse under this paragraph shall be made 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 subparagraph (A)(i) may be waived with respect to a spouse or former spouse if the bankruptcy judge or magistrate judge establishes to the satisfaction of the Director that the whereabouts of such spouse or former spouse cannot be determined. (C) The Director shall prescribe regulations under which this paragraph shall be applied in any case in which the Director receives two or more orders or decrees described in subparagraph (A). (3) Definition. - For purposes of this subsection, the term "lump-sum credit" means the unrefunded amount consisting of - (A) retirement deductions made under this section from the salary of a bankruptcy judge or magistrate judge; (B) amounts deposited under subsection (k) by a bankruptcy judge or magistrate judge covering earlier service; and (C) interest on the deductions and deposits which, for any calendar year, shall be equal to the overall average yield to the Judicial Officers' Retirement Fund during the preceding fiscal year from all obligations purchased by the Secretary of the Treasury during such fiscal year under subsection (o); but does not include interest - (i) if the service covered thereby aggregates 1 year or less; or (ii) for the fractional part of a month in the total service. (o) Judicial Officers' Retirement Fund. - (1) Establishment. - There is established in the Treasury a fund which shall be known as the "Judicial Officers' Retirement Fund". The Fund is appropriated for the payment of annuities, refunds, and other payments under this section. (2) Investment of fund. - The Secretary of the Treasury shall invest, in interest bearing securities of the United States, such currently available portions of the Judicial Officers' Retirement Fund as are not immediately required for payments from the Fund. The income derived from these investments constitutes a part of the Fund. (3) Unfunded liability. - (A) There are authorized to be appropriated to the Judicial Officers' Retirement Fund amounts required to reduce to zero the unfunded liability of the Fund. (B) For purposes of subparagraph (A), the term "unfunded liability" means the estimated excess, determined on an annual basis in accordance with the provisions of section 9503 of title 31, of the present value of all benefits payable from the Judicial Officers' Retirement Fund over the sum of - (i) the present value of deductions to be withheld under this section from the future basic pay of bankruptcy judges and magistrate judges; plus (ii) the balance in the Fund as of the date the unfunded liability is determined. In making any determination under this subparagraph, the Comptroller General shall use the applicable information contained in the reports filed pursuant to section 9503 of title 31, with respect to the retirement annuities provided for in this section. (C) There are authorized to be appropriated such sums as may be necessary to carry out this paragraph. -SOURCE- (Added Pub. L. 100-659, Sec. 2(a), Nov. 15, 1988, 102 Stat. 3910; amended Pub. L. 101-650, title III, Secs. 321, 325(b)(3), Dec. 1, 1990, 104 Stat. 5117, 5121; Pub. L. 102-40, title IV, Sec. 402(d)(2), May 7, 1991, 105 Stat. 239.) -REFTEXT- REFERENCES IN TEXT Section 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 Pub. L. 95-598, Secs. 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 Pub. L. 98-353, title I, Sec. 114, July 10, 1984, 98 Stat. 343. -MISC1- AMENDMENTS 1991 - Subsec. (f)(4). Pub. L. 102-40 substituted "section 7296 of title 38" for "section 4096 of title 38". 1990 - Subsec. (f). Pub. L. 101-650, Sec. 325(b)(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). Pub. L. 101-650, Sec. 325(b)(3)(B), substituted "on or after" for "in or after" in concluding provisions. -CHANGE- CHANGE OF NAME Words "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 Pub. L. 101-650, set out as a note under section 631 of this title. -MISC2- EFFECTIVE DATE Section 9 of Pub. L. 100-659, as amended by Pub. L. 101-650, title III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117, provided that: "(a) In General. - Subject to subsection (b), this Act [enacting this section and section 8440a [now 8440b] 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. "(b) 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 JUDGE Pub. L. 107-116, title V, Sec. 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 (b) - "(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. "(b) 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 JUDGES Section 2(c) of Pub. L. 100-659, as amended by Pub. L. 101-650, title III, Sec. 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 (b) 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 PROGRAM Section 8 of Pub. L. 100-659 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." -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 155, 364, 375, 376, 604, 636 of this title; title 5 sections 8334, 8402, 8440b. -FOOTNOTE- (!1) So in original. Probably should be "receive - ". -End- -CITE- 28 USC CHAPTER 19 - DISTRIBUTION OF REPORTS AND DIGESTS 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART I - ORGANIZATION OF COURTS CHAPTER 19 - DISTRIBUTION OF REPORTS AND DIGESTS -HEAD- CHAPTER 19 - DISTRIBUTION OF REPORTS AND DIGESTS -MISC1- Sec. 411. Supreme Court reports; printing, binding, and distribution. 412. Sale of Supreme Court reports. 413. Publications; distribution to courts. 414. Transmittal of books to successors. [415. Repealed.] AMENDMENTS 1982 - Pub. L. 97-164, title I, Sec. 113, Apr. 2, 1982, 96 Stat. 29, struck out item 415 "Court of Claims decisions". 1952 - Act July 10, 1952, ch. 632, Sec. 3, 66 Stat. 540, amended analysis to conform it to amendments of sections 411 to 413 of this title. -End- -CITE- 28 USC Sec. 411 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART I - ORGANIZATION OF COURTS CHAPTER 19 - DISTRIBUTION OF REPORTS AND DIGESTS -HEAD- Sec. 411. Supreme Court reports; printing, binding, and distribution -STATUTE- (a) The decisions of the Supreme Court of the United States shall be printed, bound, and distributed in the preliminary prints and bound volumes of the United States Reports as soon as practicable after rendition, to be charged to the proper appropriation for the judiciary. The number and distribution of the copies shall be under the control of the Joint Committee on Printing. (b) Reports printed prior to June 12, 1926, shall not be furnished the Secretary of the Army, the Secretary of the Navy, or the Secretary of the Air Force. (c) The Public Printer, or other printer designated by the Supreme Court of the United States, upon request, shall furnish to the Superintendent of Documents the reports required to be distributed under the provisions of this section. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 904; May 24, 1949, ch. 139, Sec. 68, 63 Stat. 99; Oct. 31, 1951, ch. 655, Sec. 41, 65 Stat. 725; July 10, 1952, ch. 632, Sec. 4, 66 Stat. 540.) -MISC1- HISTORICAL AND REVISION NOTES 1948 ACT Based on title 28, U.S.C., 1940 ed., Sec. 334 (Mar. 3, 1911, ch. 231, Sec. 227, 36 Stat. 1154; Mar. 4, 1911, ch. 285, Sec. 1, 36 Stat. 1419; July 1, 1922, ch. 267, Sec. 3, 42 Stat. 816; June 12, 1926, ch. 568, 44 Stat. 736; Jan. 29, 1929, ch. 113, 45 Stat. 1143; Mar. 2, 1929, ch. 488, Sec. 1, 45 Stat. 1475; July 3, 1930, ch. 863, Sec. 1, 46 Stat. 1016; Feb. 23, 1931, ch. 276, Sec. 30, 46 Stat. 1214; May 17, 1932, ch. 190, 47 Stat. 158; June 30, 1932, ch. 314, Sec. 501, 47 Stat. 415; May 10, 1934, ch. 277, Sec. 512, 48 Stat. 758; Ex. Ord. No. 6166, Secs. 12, 14, June 10, 1933; June 7, 1934, ch. 426, 48 Stat. 926; May 27, 1936, ch. 463, Sec. 1, 49 Stat. 1380; June 20, 1936, ch. 630, Sec. 5, 49 Stat. 1549; June 25, 1936, ch. 804, 49 Stat. 1921). Requirements for printing, binding, and issuing Supreme Court decisions "within eight months after said decisions have been rendered by the Supreme Court" and provision for distribution "within said period" were omitted. The phrase "as soon as practicable after rendition" was made the time for publishing such decisions as more flexible and practicable. The words "the United States Court for China" were omitted inasmuch as that court is no longer functioning. The Secretary of State by an arrangement with China has relinquished the extraterritorial jurisdiction previously exercised by the United States in China. The 1944 Legislative and Judiciary Appropriation Act approved June 28, 1943, made no appropriation for the United States Court for China. Appropriations for other courts were made in title II of chapter 173 (57 Stat. 241). The last appropriation for the United States Court for China was in the act of July 2, 1942 (ch. 472, title IV, 56 Stat. 502). The words "to the Secretary of War for the use of the proper courts and officers of the Philippine Islands, seven copies" were omitted in view of the independence of the Philippines, effective July 4, 1946. The phrase "justice or judge of the United States" obviated repetition of names of courts. (See definitive section 451 of this title.) Last sentence, fourth paragraph, of section 334 of title 28, U.S.C., 1940 ed., requiring that books should remain the property of the United States and should be preserved and turned over to successors in office, was omitted as covered by section 414 of this title. A reference to the United States attorney for the District of Columbia was omitted as covered by "each United States attorney." Provision authorizing distribution of volumes under this section to each place where a court of appeals is held was added for purposes of uniformity. See similar provision in section 413 of this title. The revised section substitutes the Director of the Administrative Office of the United States Courts in lieu of the Attorney General insofar as distribution of volumes to the judiciary is concerned. This change is consistent with the duties of the former under section 601 et seq. of this title. Provision of section 334 of title 28, U.S.C., 1940 ed., as to the custody, use and delivery to successors was omitted as obsolete on advice of the Administrative Office of the United States Courts. The limitation of 10 copies to the library of the Supreme Court and 6 copies to the marshal of the Supreme Court for use of the justices, was omitted and the provision for distribution in such number "specified by the Chief Justice of the United States" was substituted therefor. Authority for making an appropriation to carry into effect the provisions of this section is contained in section 336 of title 28, U.S.C., 1940 ed., Acts July 1, 1922, ch. 267, Sec. 5, 42 Stat. 818; May 29, 1926, ch. 425, Sec. 3, 44 Stat. 678 which is omitted, but not repealed, as unnecessary in this revision. Changes were made in phraseology and arrangement. 1949 ACT Subsection (a) of this section substitutes, in section 411(a) of title 28, U.S.C., "Secretary of the Army" and "Department of the Army" for "Secretary of War" and "War Department," in view of such redesignation by act of July 26, 1947 (ch. 343, title II, Sec. 205(a), 61 Stat. 501). It substitutes, in section 411(a), "Commissioner of Customs; Commandant of the Coast Guard" for "Chief of the Bureau of Marine Inspection and Navigation," in view of the abolishment of the Bureau of Marine Inspection and Navigation, and the transfer of its functions to, and the division thereof between, the Commissioner of Customs and the Commandan

Online Attorney