PUBLIC LAWS-CH. 512-JUNE 28,1946 and expense fund. The salaries of the referees in active service shall be paid out of annual appropriations from such salary fund, and the expenses of the referees, including the salaries of their clerical assist- ants, shall be paid out of annual appropriations from such expense fund, by the United States. Any deficiencies of such salary fund or expense fund shall be paid out of any funds in the Treasury of the United States not otherwise appropriated, and appropriations to pay surplus. such deficiencies are hereby authorized: Provided,however, That there shall be covered into miscellaneous receipts of the Treasury of the United States in any subsequent year so much of the surplus, if any, arising in the salary fund or expense fund respectively as may be necessary to reimburse the Treasury of the United States for payments made on account of such respective funds in any prior year. "(5) As of the day preceding the date when the referees, as pro- Ante, p. 326 . vided by paragraph (2) of subdivision b of section 37 of this Act, are to take office, an allocation shall be made by the judge or judges of the several courts of bankruptcy of all filing and other fees, com- missions, and allowances, and of all expense funds, due the then exist- ing referees for services rendered and expenses incurred in the cases pending before them, whether as referee, conciliation commissioner, or special master under this Act. The balances of such filing and other fees, commissions, and allowances and the expense surpluses shall be covered into the Treasury of the United States by the referees and the clerks, to be deposited to the credit of the respective salary and expense funds. All cases pending before outgoing referees shall be rereferred, and no additional filing fees shall be required, but addi- tional salary and expense charges may be assessed in such cases in such amounts as the judge or judges of the several courts of bankruptcy may deem equitable, taking into consideration the schedules of addi- tional fees fixed by the Director and the payments previously made therein. Retirement ofr ef "'d. (1) All referees in bankruptcy and employees in the offices of eresetc. such referees shall be deemed to be officers and employees in the judicial branch of the United States Government within the meaning of sec- 46 Stat. 470. tion 3 of the Civil Service Retirement Act of May 29, 1930, as amended. SuppV. V6 §693; "(2) Any referee who has retired or been retired under the provi- Post, pp. 659,80. sions of paragraph (1) of this subdivision d may, if called upon by a judge of a court of bankruptcy, perform, without compensation, such duties of a referee, conciliation commissioner or special master under this Act, within the jurisdiction of such court, as such referee may be able and willing to undertake: Provided, however, That when so acting, compensation for his services shall be allowed and paid or deposited and his expenses shall be allowed and paid, as in the case of an active referee." 30 Stat. 557. SEC. 7 . Section 43 of such Act, as amended, is amended to read as follows: 'SEC. 43. a . VACANCIES; REFEREE'S ABSENCE OR DISABrrIT .- When- ever the office of a referee is vacant, or its occupant is absent or disqualified to act, the clerk of the district court in which the terri- tory or any part of the territory served bv such referee is located shall immediately notify the Director of such fact. New appointments. "b. Whenever the office of a referee is vacant, the Director shall recommend to the district judges, the councils and the conference whether a new appointment should be made, and no such appoint- ment shall be made until authorized by the conference. When ajdge, etc. , "c. Whenever the office of a referee is vacant or its occupant is temporarily absent or disqualified to act, or whenever the expeditious transaction of the business of the court or courts of bankruptcy may require, the judge, or any one of the judges, may act, or another referee 328 [60 STAT.