[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3086 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 3086

   To amend title 28, United States Code, to provide, in the case of 
  certain widows and widowers whose judicial survivors' annuities are 
 terminated on account of remarriage, for the restoration of benefits 
                upon the dissolution of the remarriage.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 18, 2007

  Mr. Snyder introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To amend title 28, United States Code, to provide, in the case of 
  certain widows and widowers whose judicial survivors' annuities are 
 terminated on account of remarriage, for the restoration of benefits 
                upon the dissolution of the remarriage.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. RESTORATION OF CERTAIN JUDICIAL SURVIVORS' ANNUITIES.

    (a) In General.--Section 376 of title 28, United States Code, is 
amended by adding at the end the following:
    ``(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.''.
    (b) Conforming Amendment.--Section 376(h)(2) of title 28, United 
States Code, is amended by striking the period at the end and inserting 
``, subject to subsection (x).''.

SEC. 2. EFFECTIVE DATE.

    (a) In General.--This Act and the amendments made by this Act shall 
take effect on the first day of the first month beginning at least 30 
days after the date of the enactment of this Act and shall apply in the 
case of a remarriage which is dissolved by death, divorce, or annulment 
on or after such first day.
    (b) Limited Retroactive Effect.--
            (1) In general.--In the case of a remarriage which is 
        dissolved by death, divorce, or annulment within the 4-year 
        period ending on the day before the effective date of this Act, 
        the amendments made by this Act shall apply only if the widow 
        or widower satisfies the requirements of paragraphs (1) and (2) 
        of section 376(x) of title 28, United States Code (as amended 
        by this Act) before--
                    (A) the end of the 1-year period beginning on the 
                effective date of this Act; or
                    (B) such later date as Director of the 
                Administrative Office of the United States Courts may 
                by regulation prescribe.
            (2) Restoration.--If the requirements of paragraph (1) are 
        satisfied, the survivor annuity shall be restored, commencing 
        on the date the remarriage was dissolved by death, annulment, 
        or divorce, at the rate which was in effect when the annuity 
        was terminated.
            (3) Lump-sum payment.--Any amounts becoming payable to the 
        widow or widower under this subsection for the period beginning 
        on the date on which the annuity was terminated and ending on 
        the date on which periodic annuity payments resume shall be 
        payable in a lump-sum payment.
                                 <all>