123STA T . 1 97 7 PUBLIC LA W 111 –4 9 — AU G .12 , 2 0 09 Judic i alS u rv iv o r s’An nui t i e sS y ste m durin g t h eo p en enrollment period shall b e deemed thereby to consent and agree to having deducted f rom his or her salary a sum e q ual to 2.75 percent of that salary or a sum equal to 3 .5 percent of his or her retirement salary , e x cept that the deduction from any retirement salary —(1) ofa j ustice or judge of the U nited States retired from regular active service under section 371(b) or 372(a) of title 2 8 , United States C ode
(2) of a judge of the United States Court of F ederal 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 6 36(h) of title 28, United States Code, shall be an amount equal to 2.75 percent of retirement salary. (b) C ONTRIBU TION ST O BE CRE D ITED TO JUDI C I AL SUR V IVORS’ ANNUITIES FUND.—Contributions made under subsection (a) shall be credited to the Judicial Survivors’ Annuities Fund. SEC.5 . D E PO S ITF O R PRIOR CREDIT ABL E SER V ICE. (a) L U MP SUM D EPOSIT.—Any judicial official w ho files a written notification of his or her intention to participate in the Judicial Survivors’ Annuities System during the open enrollment period may ma k e 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’ ANNU - ITIES FUND.—Deposits made under subsection (a) shall be credited to the Judicial Survivors’ Annuities Fund. SEC. 6 . VOL UN TAR Y CONTRIBUTIONS TO ENLAR G E 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 P rotection Actof2 0 0 9 may purchase, in 3-month increments, up to an addi- tional year of service credit, under the terms set forth in this section. I n the case of judicial officials who elect to enroll in the Judicial Survivors’ Annuities System during the statutory open enrollment period authori z ed under the Judicial Survivors Protec- tion 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.’’. 28USC376note. 28 USC 376 note.
