Page:United States Statutes at Large Volume 102 Part 4.djvu/942

 102 STAT. 3912

PUBLIC LAW 100-659—NOV. 15, 1988

physical disability, any service of that individual as a bankruptcy judge to whom this section applies, and any service of that individual as a full-time judicial officer who performed the duties of magistrate and a bankruptcy judge at the same time, shall be included for purposes of calculating years of service under subsection (a), (h), (c), or (d), as the case may be. "(h) COVERED POSITIONS AND SERVICE.—This section applies to— "(1) any bankruptcy judge appointed under— "(A) section 152 of this title; "(B) section 34 of the Bankruptcy Act before the repeal of that Act by section 401 of the Act of November 6, 1978 (Public Law 95-598; 92 Stat. 2682); or "(C) section 404 of the Act of November 6, 1978 (Public Law 95-598; 92 Stat. 2549); and "(2) any United States magistrate appointed under section 631 of this title, only with respect to service in or after October 1, 1979, as such a bankruptcy judge or magistrate. "(i) PAYMENTS PURSUANT TO COURT ORDER.—(1) Pajmients under this section which would otherwise be made to a bankruptcy judge or magistrate based upon his or her service shall be paid (in whole or in part) by the Director of the Administrative Office of the United States Courts to another person if and to the extent expressly provided for in the terms of any court decree of divorce, annulment, or legal separation, or the terms of any court order or courtapproved property settlement agreement incident to any court decree of divorce, annulment, or legal separation. Any payment under this paragraph to a person bars recovery by any other person. "(2) Paragraph (1) shall apply only to payments made by the Director of the Administrative Office of the United States Courts after the date of receipt by the Director of written notice of such decree, order, or agreement, and such additional information as the Director may prescribe. "(3) As used in this subsection, the term 'court' means any court of any State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, or the Virgin Islands, and any Indian tribal court or courts of Indian offense. "(j) DEDUCTIONS, CONTRIBUTIONS, AND DEPOSITS.—

"(1) DEDUCTIONS.—Beginning with the next pay period after the Director of the Administrative Office of the United States Courts receives a notice under subsection (f) that a bankruptcy judge or magistrate has elected an annuity under this section, the Director shall deduct and withhold 1 percent of the salary of such bankruptcy judge or magistrate. Amounts shall be so deducted and withheld in a manner determined by the Director. Amounts deducted and withheld under this subsection shall be deposited in the Treasury of the United States to the credit of the Judicial Officers' Retirement Fund. Deductions under this subsection from the salary of a bankruptcy judge or magistrate shall terminate upon the retirement of the bankruptcy judge or magistrate or upon completing 14 years of service for which contributions under this section have been made, whether continuously or otherwise, as calculated under subsection (g), whichever occurs first. "(2) CONSENT TO DEDUCTIONS; DISCHARGE OF CLAIMS.—Each

bankruptcy judge or magistrate who makes an election under subsection (f) shall be deemed to consent and agree to the

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