I 111th CONGRESS 1st Session H. R. 3292 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.

1.

Short title

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

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.

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).

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.

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.

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). .

7.

Effective date

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