II Calendar No. 88 111th CONGRESS 1st Session S. 1107 IN THE SENATE OF THE UNITED STATES May 20, 2009 Mr. Durbin (for himself, Mr. Graham, and Mr. Hatch) introduced the following bill; which was read twice and referred to the Committee on the Judiciary June 25, 2009 Reported by Mr. Leahy, without amendment A BILL To amend title 28, United States Code, to provide for a limited 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)The term judicial official refers to incumbent officials defined under section 376(a) of title 28, United States Code. (2)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). (3)The term Judicial Survivors’ Annuities System means the program established under section 376 of title 28, United States Code.

3.

Persons not currently participating in the Judicial Survivors’ Annuities System

(a)

Election of Judicial Survivors’ Annuities System coverage

An eligible judicial official may elect to participate in the Judicial Survivors’ Annuities System during the open enrollment period specified in subsection (d). (b)

Manner of making elections

An election under this section shall be made in writing, signed by the person making the election, and received by the Director of the Administrative Office of the United States Courts before the end of the open enrollment period. (c)

Effective date for elections

Any such election 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. (d)

Open enrollment period defined

The open enrollment period under this section is the 6-month period beginning 30 days after the date of enactment of this Act.

4.

Judicial officers’ contributions for open enrollment election

(a)

Contribution rate

Every active judicial official who files a written notification of his or her intention to participate in the Judicial Survivors’ Annuities System during the open enrollment period 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 or 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 notification of his or her intention to participate in the Judicial Survivors’ Annuities System during the open enrollment period may make a deposit equaling 2.75 percent of salary, plus 3 percent annual, compounded interest, for the last 18 months of prior service, to receive the credit for prior judicial service required for immediate coverage and protection of the official’s survivors. Any such deposit shall be made on or before the closure 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)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. .

7.

Effective date

This Act, including the amendment made by section 6, shall take effect on the date of enactment of this Act.

June 25, 2009 Reported without amendment