Page:United States Statutes at Large Volume 102 Part 4.djvu/940

 102 STAT. 3910

PUBLIC LAW 100-659—NOV. 15, 1988

Public Law 100-659 100th Congress An Act Nov. 15, 1988 [S. 1630] Retirement and Survivors' Annuities for Bankruptcy Judges and Magistrates Act of 1988. 28 USC 1 note.

To provide for retirement and survivors' annuities for bankruptcy judges and United States magistrates, and for other purposes.

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 "Retirement and Survivors' Annuities for Bankruptcy Judges and Magistrates Act of 1988". SEC. 2. BASIC RETIREMENT PROGRAM.

(a) NEW RETIREMENT SYSTEM.—Chapter 17 of title 28, United States Code, is amended by adding at the end the following new section: "§ 377. Retirement of bankruptcy judges and magistrates "(a) RETIREMENT BASED ON YEARS OF SERVICE.—A bankruptcy judge or magistrate to whom this section applies and who retires from office after attaining the age of 65 years and serving at least 14 years, whether continuously or otherwise, as such bankruptcy judge or magistrate shall, subject to subsection if), be entitled to receive, during the remainder of the judge's or magistrate's lifetime, an annuity equal to the salary being received at the time the judge or magistrate leaves office. "(b) RETIREMENT UPON FAILURE OF REAPPOINTMENT.—A bankruptcy judge or magistrate to whom this section applies, who is not reappointed following the expiration of the term of office of such judge or magistrate, and who retires upon the completion of the term shall, subject to subsection (f), be entitled to receive, upon attaining the age of 65 years and during the remainder of such bankruptcy judge's or magistrate's lifetime, an annuity equal to that portion of the salary being received at the time the judge or magistrate leaves office which the aggregate number of years of service, not to exceed 14, bears to 14, if— "(1) such judge or magistrate has served at least 1 full term as a bankruptcy judge or magistrate, and "(2) not earlier than 9 months before the date on which the term of office of such judge or magistrate expires, and not later than 6 months before such date, such judge or magistrate notified the appointing authority in writing that such judge or magistrate was willing to accept reappointment to the position in which such judge or magistrate was serving. For purposes of this subsection, in the case of a bankruptcy judge, the written notice required by paragraph (2) shall be given to the chief judge of the circuit in which such bankruptcy judge is serving and, in the case of a magistrate, such notice shall be given to the chief judge of the district court in which the magistrate is serving. "(c) SERVICE OF AT LEAST 8 YEARS.—A bankruptcy judge or magistrate to whom this section applies and who retires after serving at

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