28 U.S.C. § 376 : US Code - Section 376: Annuities for survivors of certain judicial officials of the United States

      (a) For the purposes of this section - 
        (1) "judicial official" means:
          (A) a Justice or judge of the United States, as defined by
        section 451 of this title;
          (B) a judge of the District Court of Guam, the District Court
        of the Northern Mariana Islands, or the District Court of the
        Virgin Islands;
          (C) a Director of the Administrative Office of the United
        States Courts, after he or she has filed a waiver under
        subsection (a) of section 611 of this title;
          (D) a Director of the Federal Judicial Center, after he or
        she has filed a waiver under subsection (a) of section 627 of
        this title;
          (E) a Counselor to the Chief Justice of the United States,
        after he or she has filed a waiver in accordance with both
        subsection (a) of section 677 and subsection (a) of section 611
        of this title;
          (F) a full-time bankruptcy judge or a full-time United States
        magistrate judge; or
          (G) a judge of the United States Court of Federal Claims;

      who notifies the Director of the Administrative Office of the
      United States Courts in writing of his or her intention to come
      within the purview of this section within six months after (i)
      the date upon which he or she takes office, (ii) the date upon
      which he or she marries, (iii) January 1, 1977, (iv) October 1,
      1986, (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 judge in active service on that date, (vi) the
      date of the enactment of the Federal Courts Study Committee
      Implementation Act of 1990, in the case of a full-time judge of
      the Court of Federal Claims in active service on that date, or
      (vii) the date of the enactment of the Federal Courts
      Administration Act of 1992;
        (2) "retirement salary" means:
          (A) in the case of a Justice or judge of the United States,
        as defined by section 451 of this title, salary paid (i) after
        retirement from regular active service under subsection (b) of
        section 371 or subsection (a) of section 372 of this title, or
        (ii) after retirement from office by resignation on salary
        under subsection (a) of section 371 of this title;
          (B) in the case of a judge of the District Court of Guam, the
        District Court of the Northern Mariana Islands, or the District
        Court of the Virgin Islands, (i) an annuity paid under
        subsection (a) of section 373 of this title or (ii)
        compensation paid under paragraph (4) of subsection (c) of
        section 373 of this title;
          (C) in the case of a Director of the Administrative Office of
        the United States Courts, an annuity paid under subsection (b)
        or (c) of section 611 of this title;
          (D) in the case of a Director of the Federal Judicial Center,
        an annuity paid under subsection (b) or (c) of section 627 of
        this title;
          (E) in the case of a Counselor to the Chief Justice of the
        United States, an annuity paid in accordance with both
        subsection (a) of section 677 and subsection (a) of section 611
        of this title;
          (F) in the case of a bankruptcy judge or United States
        magistrate judge, an annuity paid under section 377 of this
        title; and
          (G) in the case of a judge of the United States Court of
        Federal Claims, an annuity paid under section 178 of this
        title;

        (3) "widow" means the surviving wife of a "judicial official",
      who:
          (A) has been married to him for at least one year on the day
        of his death; or
          (B) is the mother of issue by that marriage;

        (4) "widower" means the surviving husband of a "judicial
      official", who:
          (A) has been married to her for at least one year on the day
        of her death; or
          (B) is the father of issue by that marriage;

        (5) "child" means:
          (A) an unmarried child under eighteen years of age, including
        (i) an adopted child and (ii) a stepchild or recognized natural
        child who lived with the judicial official in a regular parent-
        child relationship;
          (B) such unmarried child between eighteen and twenty-two
        years of age who is a student regularly pursuing a full-time
        course of study or training in residence in a high school,
        trade school, technical or vocational institute, junior
        college, college, university, or comparable educational
        institution. A child whose twenty-second birthday occurs before
        July 1, or after August 31, of a calendar year, and while he or
        she is regularly pursuing such a course of study or training,
        is deemed to have become twenty-two years of age on the first
        day of July immediately following that birthday. A child who is
        a student is deemed not to have ceased being a student during
        an interim period between school years, if that interim period
        lasts no longer than five consecutive months and if that child
        shows, to the satisfaction of the Director of the
        Administrative Office of the United States Courts, that he or
        she has a bona fide intention of continuing to pursue a course
        of study or training in the same or a different school during
        the school semester, or other period into which the school year
        is divided, immediately following that interim period; or
          (C) such unmarried child, regardless of age, who is incapable
        of self-support because of a mental or physical disability
        incurred either (i) before age eighteen, or (ii) in the case of
        a child who is receiving an annuity as a full-time student
        under paragraph (5)(B) of this subsection, before the
        termination of that annuity;

        (6) "former spouse" means a former spouse of a judicial
      official if the former spouse was married to such judicial
      official for at least 9 months; and
        (7) "assassinated" and "assassination" mean the killing of a
      judicial official described in paragraph (1)(A), (B), (F), or (G)
      of this subsection that is motivated by the performance by that
      judicial official of his or her official duties.

      (b)(1) 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 under section 371(b) or section 372(a) of
      this title,
        (B) of a judge of the United States Court of Federal Claims
      retired under section 178 of this title, or
        (C) of a judicial official on recall under section 155(b),
      373(c)(4), 375, or 636(h) of this title,

    shall be an amount equal to 2.2 percent of retirement salary.
      (2) A judicial official who is not entitled to receive an
    immediate retirement salary upon leaving office but who is eligible
    to receive a deferred retirement salary on a later date shall file,
    within 90 days before leaving office, a written notification of his
    or her intention to remain within the purview of this section under
    such conditions and procedures as may be determined by the Director
    of the Administrative Office of the United States Courts. Every
    judicial official who files a written notification in accordance
    with this paragraph shall be deemed to consent to contribute,
    during the period before such a judicial official begins to receive
    his or her retirement salary, a sum equal to 3.5 percent of the
    deferred retirement salary which that judicial official is entitled
    to receive. Any judicial official who fails to file a written
    notification under this paragraph shall be deemed to have revoked
    his or her election under subsection (a) of this section.
      (3) The amounts deducted and withheld from the salary of each
    judicial official under paragraphs (1) and (2) of this subsection
    shall, in accordance with such procedures as may be prescribed by
    the Comptroller General of the United States, be covered into the
    Treasury of the United States and credited to the "Judicial
    Survivors' Annuities Fund" established by section 3 of the Judicial
    Survivors' Annuities Reform Act. Such fund shall be used for the
    payment of annuities, refunds, and allowances as provided by this
    section. Payment of such salary less such deductions (and any
    deductions made under section 178 or 377 of this title or under
    subchapter III of chapter 83, or chapter 84, of title 5) shall be a
    full and complete discharge and acquittance of all claims and
    demands whatsoever for all services rendered by such judicial
    official during the period covered by such payment, except the
    rights to those benefits to which such judicial official, or his or
    her survivors, shall be entitled under the provisions of this
    section (and under section 178 or 377 of this title or under
    subchapter III of chapter 83, or chapter 84, of title 5).
      (c)(1) There shall also be deposited to the credit of the
    Judicial Survivors' Annuities Fund, in accordance with such
    procedures as the Comptroller General of the United States may
    prescribe, amounts required to reduce to zero the unfunded
    liability of the Judicial Survivors' Annuities Fund: Provided, That
    such amounts shall not exceed the equivalent of 9 percent of salary
    or retirement salary. Such deposits shall, subject to
    appropriations Acts, be taken from the fund used to pay the
    compensation of the judicial official, and shall immediately become
    an integrated part of the Judicial Survivors' Annuities Fund for
    any use required under this section.
      (2) For purposes of paragraph (1), the term "unfunded liability"
    means the estimated excess, determined on an annual basis in
    accordance with the provisions of section 9503 of title 31, United
    States Code, of the present value of all benefits payable from the
    Judicial Survivors' Annuities Fund, over the sum of - 
        (A) the present value of deductions to be withheld from the
      future basic pay of judicial officials; plus
        (B) the balance in the Fund as of the date the unfunded
      liability is determined.

    In making any determination under this paragraph, the Comptroller
    General shall use the applicable information contained in the
    reports filed pursuant to section 9503 of title 31, United States
    Code, with respect to the judicial survivors' annuities plan
    established by this section.
      (3) There are authorized to be appropriated such sums as may be
    necessary to carry out this subsection.
      (d) Each judicial official shall deposit, 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 credit
    of the "Judicial Survivors' Annuities Fund":
        (1) a sum equal to 3.5 percent of that salary, including
      "retirement salary", which he or she has received for serving in
      any of the offices designated in paragraph (1) of subsection (a)
      of this section prior to the date upon which he or she filed
      notice of an intention to come within the purview of this section
      with the Director of the Administrative Office of the United
      States Courts; and
        (2) a sum equal to 3.5 percent of the basic salary, pay, or
      compensation which he or she has received for serving as a
      Senator, Representative, Delegate, or Resident Commissioner in
      Congress, or for serving 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.

    The interest otherwise required by this subsection shall not be
    required for any period during which a judicial official was
    separated from all such service and was not receiving any
    retirement salary.
      Each such judicial official may elect to make such deposits in
    installments, during the continuance of his or her service in those
    offices designated in paragraph (1) of subsection (a) of this
    section, in such amounts and under such conditions as may be
    determined in each instance by the Director of the Administrative
    Office of the United States Courts: Provided, That, in each
    instance in which a judicial official does elect to make such
    deposits in installments, the Director shall require (i) that the
    first installment payment made shall be in an amount no smaller
    than that amount necessary to cover at least the last eighteen
    months of prior creditable civilian service, and (ii) that at least
    one additional installment payment shall be made every eighteen
    months thereafter until the total of all such deposits have been
    made.
      Notwithstanding the failure of any such judicial official to make
    all such deposits or installment payments, credit shall be allowed
    for the service rendered, but the annuity of that judicial
    official's widow or widower shall be reduced by an amount equal to
    10 percent of the amount of such deposits, computed as of the date
    of the death of such judicial official, unless such widow or
    widower shall elect to eliminate such service entirely from credit
    under subsection (k) of this section: Provided, That no deposit
    shall be required from any such judicial official for any honorable
    active duty service in the Army, Navy, Air Force, Marine Corps, or
    Coast Guard of the United States, or for any other creditable
    service rendered prior to August 1, 1920.
      (e) The amounts deducted and withheld in accordance with
    subsection (b) of this section, and the amounts deposited in
    accordance with subsection (d) of this section, shall be credited
    to individual accounts in the name of each judicial official from
    whom such amounts are received, for credit to the "Judicial
    Survivors' Annuities Fund".
      (f) The Secretary of the Treasury shall invest, from time to
    time, in interest bearing securities of the United States or
    Federal farm loan bonds, those portions of the "Judicial Survivors'
    Annuities Fund" which in his judgment may not be immediately
    required for the payment of annuities, refunds, and allowances as
    provided in this section. The income derived from such investments
    shall constitute a part of such fund for the purposes of paying
    annuities and carrying out the provisions of subsections (g), (h),
    (m), (o), (p), and (q) of this section.
      (g) If any judicial official leaves office and is ineligible to
    receive a retirement salary or leaves office and is entitled to a
    deferred retirement salary but fails to make an election under
    subsection (b)(2) of this section, all amounts credited to his or
    her account established under subsection (e), 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, minus a
    sum equal to 2.2 percent of salary for service while deductions
    were withheld under subsection (b) or for which a deposit was made
    by the judicial official under subsection (d), 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 section, a "reasonable period of
    time" shall be presumed to be no longer than 1 year following the
    date upon which such judicial official relinquishes his or her
    office.
      (h) Annuities payable under this section shall be paid only in
    accordance with the following provisions:
        (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 (A) after having completed at
      least eighteen months of creditable civilian service, as computed
      in accordance with subsection (k) of this section, for the last
      eighteen months of which the salary deductions provided by
      subsection (b) of this section or, in lieu thereof, the deposits
      required by subsection (d) of this section have actually been
      made, 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 - 
          (i) if such judicial official is survived by a widow or
        widower, but not by a child, there shall be paid to such widow
        or widower an annuity, beginning on the day on which such
        judicial official died, in an amount computed as provided in
        subsection (l) of this section; or
          (ii) if such judicial official is survived by a widow or
        widower and a child or children, there shall be paid to such
        widow or widower an annuity, beginning on the day on which such
        judicial official died, in an amount computed as provided in
        subsection (l) of this section, and there shall also be paid to
        or on behalf of each such child an immediate annuity equal to:
            (I) 10 percent of the average annual salary determined
          under subsection (l)(1) of this section; or
            (II) 20 percent of such average annual salary, divided by
          the number of children;

        whichever is smallest; or
          (iii) if such judicial official leaves no surviving widow or
        widower, but does leave a surviving child or children, there
        shall be paid to or on behalf of each such child an immediate
        annuity equal to:
            (I) the amount of the annuity to which the judicial
          official's widow or widower would have been entitled under
          clause (i) of this paragraph, had such widow or widower
          survived the judicial official, divided by the number of
          children; or
            (II) 20 percent of the average annual salary determined
          under subsection (l)(1) of this section; or
            (III) 40 percent of such average annual salary amount,
          divided by the number of children;

        whichever is smallest.

        (2) An annuity payable to a widow or widower under clause (i)
      or (ii) of paragraph (1) of this subsection shall be terminated
      upon his or her death or remarriage before attaining age 55,
      subject to subsection (x).
        (3) An annuity payable to a child under this subsection shall
      terminate:
          (A) if such child is receiving an annuity based upon his or
        her status under paragraph (5)(A) of subsection (a) of this
        section, on the last day of the month during which he or she
        becomes eighteen years of age;
          (B) if such child is receiving an annuity based upon his or
        her status under paragraph (5)(B) of subsection (a) of this
        section, either (i) on the first day of July immediately
        following his or her twenty-second birthday or (ii) on the last
        day of the month during which he or she ceases to be a full-
        time student in accordance with paragraph (5)(B) of subsection
        (a) of this section, whichever occurs first: Provided, That if
        such child is rendered incapable of self-support because of a
        mental or physical disability incurred while receiving that
        annuity, that annuity shall not terminate, but shall continue
        without interruption and shall be deemed to have become, as of
        the date of disability, an annuity based upon his or her status
        under clause (ii) of paragraph (5)(C) of subsection (a) of this
        section;
          (C) if such child is receiving an annuity based upon his or
        her status under paragraph (5)(C) of subsection (a) of this
        section, on the last day of the month during which he or she
        ceases to be incapable of self-support because of mental or
        physical disability; or
          (D) on the last day of the month during which such child dies
        or marries.

        (4) An annuity payable to a child or children under paragraph
      (1)(ii) of this subsection shall be recomputed and paid as
      provided in paragraph (1)(iii) of this subsection upon the death,
      but not upon the remarriage, of the widow or widower who is
      receiving an annuity under paragraph (1)(ii) of this subsection.
        (5) In any case in which the annuity of a child is terminated,
      the annuity of each remaining child which is based upon the
      service of the same judicial official shall be recomputed and
      paid as though the child whose annuity has been terminated had
      not survived that judicial official.
        (6) In the case of the survivor or survivors of a judicial
      official to whom paragraph (1)(B) applies, there shall be
      deducted from the annuities otherwise payable under this section
      an amount equal to the amount of salary deductions that would
      have been made if such deductions had been made for 18 months
      prior to the judicial official's death.

      (i)(1) All questions of dependency and disability arising under
    this section shall be determined by the Director of the
    Administrative Office of the United States Courts, subject to
    review only by the Judicial Conference of the United States, and
    the decision of the Judicial Conference of the United States shall
    be final and conclusive. The Director may order or direct at any
    time such medical or other examinations as he deems necessary to
    determine the facts relative to the nature and degree of disability
    of any child who is an annuitant, or an applicant for an annuity,
    under this section, and may suspend or deny any such annuity for
    failure to submit to any such examination.
      (2) The Director of the Administrative Office of the United
    States Courts shall determine whether the killing of a judicial
    official was an assassination, subject to review only by the
    Judicial Conference of the United States. The head of any Federal
    agency that investigates the killing of a judicial official shall
    provide information to the Director that would assist the Director
    in making such determination.
      (j) In any case in which a payment under this section is to be
    made to a minor, or to a person mentally incompetent or under other
    legal disability, as determined by a court of competent
    jurisdiction, such payment may be made to the person 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.
      (x) In the case of a widow or widower whose annuity under clause
    (i) or (ii) of subsection (h)(1) is terminated because of
    remarriage before attaining 55 years of age, the annuity shall be
    restored at the same rate commencing on the day the remarriage is
    dissolved by death, divorce, or annulment, if - 
        (1) the widow or widower elects to receive this annuity instead
      of any other survivor annuity to which such widow or widower may
      be entitled, under this chapter or under another retirement
      system for Government employees, by reason of the remarriage; and
        (2) any payment made to such widow or widower under subsection
      (o) or (p) on termination of the annuity is returned to the
      Judicial Survivors' Annuities Fund.

      (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.