[Congressional Record Volume 155, Number 103 (Friday, July 10, 2009)]
[Senate]
[Pages S7372-S7373]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               JUVENILE SURVIVORS PROTECTION ACT OF 2009

  Mr. WYDEN. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 88, S. 1107.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The assistant legislative clerk read as follows:

       A bill (S. 1107) 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.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. WYDEN. Mr. Presdient, I ask unanimous consent that the bill be 
read a third time and passed, the motion to reconsider be laid upon the 
table, with no intervening action or debate, and that any statements 
relating to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 1107) was ordered to be engrossed for a third reading, 
was read the third time, and passed, as follows:

[[Page S7373]]

                                S. 1107

       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) 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.

     SEC. 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.

     SEC. 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.

     SEC. 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.

     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) 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.''.

     SEC. 7. EFFECTIVE DATE.

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

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