[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3292 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3292

To amend title 28, United States Code, to provide for a 6-month period 
for Federal judges to opt into the Judicial Survivors' Annuities System 
and begin contributing toward an annuity for their spouse and dependent 
           children upon their death, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 22, 2009

 Mr. Johnson of Georgia (for himself, Mr. Conyers, Mr. Smith of Texas, 
 Mr. Coble, and Mrs. Biggert) introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend title 28, United States Code, to provide for a 6-month period 
for Federal judges to opt into the Judicial Survivors' Annuities System 
and begin contributing toward an annuity for their spouse and dependent 
           children upon their death, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Judicial Survivors Protection Act of 
2009''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Director.--The term ``Director'' means the Director of 
        the Administrative Office of the United States Courts.
            (2) Judicial official.--The term ``judicial official'' 
        means an individual who is a judicial official, as defined in 
        section 376(a) of title 28, United States Code, on the date of 
        enactment of this Act.
            (3) Judicial survivors' annuities fund.--The term 
        ``Judicial Survivors' Annuities Fund'' means the fund 
        established under section 3 of the Judicial Survivors' 
        Annuities Reform Act (28 U.S.C. 376 note; Public Law 94-554; 90 
        Stat. 2611).
            (4) Judicial survivors' annuities system.--The term 
        ``Judicial Survivors' Annuities System'' means the program 
        established under section 376 of title 28, United States Code.
            (5) Open enrollment period.--The term ``open enrollment 
        period'' means the 6-month period beginning on the 30th day 
        after the date of enactment of this Act.

SEC. 3. PERSONS NOT CURRENTLY PARTICIPATING IN THE JUDICIAL SURVIVORS' 
              ANNUITIES SYSTEM.

    (a) Election of Judicial Survivors' Annuities System Coverage.--Any 
judicial official may elect to participate in the Judicial Survivors' 
Annuities System during the open enrollment period.
    (b) Manner of Making Elections.--An election under this section is 
valid only if it is made in writing, is signed by the person making the 
election, and is received by the Director before the end of the open 
enrollment period.
    (c) Effective Date for Elections.--An election under this section 
shall be effective as of the first day of the first calendar month 
following the month in which the election is received by the Director 
under subsection (b).

SEC. 4. JUDICIAL OFFICERS' CONTRIBUTIONS FOR OPEN ENROLLMENT ELECTION.

    (a) Contribution Rate.--Any judicial official who files a written 
election under section 3(b), during the open enrollment period, of his 
or her intention to participate in the Judicial Survivors' Annuities 
System shall be deemed thereby to consent and agree to having deducted 
from his or her salary a sum equal to 2.75 percent of that salary and a 
sum equal to 3.5 percent of his or her retirement salary, except that 
the deduction from any retirement salary--
            (1) of a justice or judge of the United States retired from 
        regular active service under section 371(b) or 372(a) of title 
        28, United States Code,
            (2) of a judge of the United States Court of Federal Claims 
        retired under section 178 of title 28, United States Code, or
            (3) of a judicial official on recall under section 155(b), 
        373(c)(4), 375, or 636(h) of title 28, United States Code,
shall be an amount equal to 2.75 percent of retirement salary.
    (b) Contributions To Be Credited to Judicial Survivors' Annuities 
Fund.--Contributions made under subsection (a) shall be credited to the 
Judicial Survivors' Annuities Fund.

SEC. 5. DEPOSIT FOR PRIOR CREDITABLE SERVICE.

    (a) Lump Sum Deposit.--Any judicial official who files a written 
election under section 3(b), during the open enrollment period, of his 
or her intention to participate in the Judicial Survivors' Annuities 
System may make a deposit equaling 2.75 percent of salary, plus 3 
percent interest, compounded annually, for the last 18 months of 
creditable civilian service, as computed in accordance with section 
376(k) of title 28, United States Code, in order to receive the credit 
for prior judicial service required for the payment of a survivor's 
annuity (under section 376 of such title) beginning on the date of 
death of the judicial official. Any such deposit shall be made on or 
before the last day of the open enrollment period.
    (b) Deposits To Be Credited to Judicial Survivors' Annuities 
Fund.--Deposits made under subsection (a) shall be credited to the 
Judicial Survivors' Annuities Fund.

SEC. 6. VOLUNTARY CONTRIBUTIONS TO ENLARGE SURVIVORS' ANNUITY.

    Section 376 of title 28, United States Code, is amended by adding 
at the end the following:
    ``(y) Purchase of Additional Coverage.--
            ``(1) For those already enrolled.--Any judicial official 
        who is enrolled in the Judicial Survivors' Annuities System, 
        other than a judicial official to whom paragraph (2) applies, 
        may purchase, in 3-month increments, for each year of 
        creditable service completed, up to an additional year of 
        creditable service, under the terms set forth in subsection (b) 
        of this section. This paragraph applies to a judicial official 
        without regard to any contributions made by such official under 
        subsection (d).
            ``(2) For those enrolled under judicial survivors 
        protection act of 2009.--Any judicial official who elects to 
        enroll in the Judicial Survivors' Annuities System during the 
        open enrollment period authorized under the Judicial Survivors 
        Protection Act of 2009 may purchase, in 3-month increments, for 
        each year of creditable service completed, up to an additional 
        year of creditable service, under the terms set forth in 
        section 4(a) of that Act.
            ``(3) Definitions.--In this subsection:
                    ``(A) Judicial survivors' annuities system.--The 
                term `Judicial Survivors' Annuities System' means the 
                annuity program established under this section.
                    ``(B) Creditable service.--The term `creditable 
                service' means the service rendered by a judicial 
                official in any position described in paragraph (1) of 
                subsection (a).''.

SEC. 7. EFFECTIVE DATE.

    This Act and the amendment made by this Act shall take effect on 
the date of enactment of this Act.
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