Page:United States Statutes at Large Volume 102 Part 4.djvu/947

 PUBLIC LAW 100-659—NOV. 15, 1988

102 STAT. 3917

(ii) the aggregate amount of the annuity initially payable on retirement under this subsection may not exceed the rate of pay for the bankruptcy judge or magistrate which is in effect on the day before the retirement becomes effective. (2) FILING OF NOTICE OF ELECTION.—A bankruptcy judge or magistrate shall be entitled to an annuity under this subsection only if the judge or magistrate files a notice of that election with the Director of the Administrative Office of the United States Courts specifying the date on which service would begin to be credited under section 377 of title 28, United States Code, in lieu of chapter 83 or chapter 84 of title 5, United States Code. (3) LUMP-SUM CREDIT UNDER TITLE 5.—A bankruptcy judge or magistrate who makes an election under paragraph (2) shall be entitled to a lump-sum credit under section 8342 or 8424 of title 5, United States Code, as the case may be, for any service which is covered under section 377 of title 28, United States Code, as added by this section, pursuant to that election, and with respect to which any contributions were made by the judge or magistrate under the applicable provisions of title 5, United States Code. (4) RECALL.—With respect to any bankruptcy judge or magistrate receiving an annuity under this subsection who is recalled to serve under section 375 of title 28, United States Code— (A) the amount of compensation which such recalled judge or magistrate receives under subsection (c) of such section shall be calculated on the basis of the annuity received under this subsection; and (B) such recalled judge or magistrate may serve as a reemployed annuitant to the extent permitted by subsection (e) of section 375 of such title. Section 377(m)(3) of title 28, United States Code, as added by subsection (a) of this section, shall not apply with respect to service as a reemployed annuitant described in subparagraph (B). SEC. 3. JUDICIAL SURVIVORS' ANNUITIES. (a) ANNUITIES FOR SURVIVORS OF BANKRUPTCY JUDGES AND MAGISTRATES RETIRING UNDER N E W SYSTEM.—Section 376 of title 28,

United States Code, is amended as follows: (1) Subsection (a)(1) is amended— (A) by striking out "or" at the end of subparagraph (D); (B) by adding "or" at the end of subparagraph (E); (C) by inserting after subparagraph (E) the following: "(F) a full-time bankruptcy judge or a full-time United States magistrate;"; and (D) by striking out "; or (iv) October 1, 1986;" and inserting in lieu thereof ", (iv) October 1, 1986, or (v) the date of the enactment of the Retirement and Survivors' Annuities for Bankruptcy Judges and Magistrates Act of 1988, in the case of a full-time bankruptcy judge or United States magistrate in active service on that date;". (2) Subsection (a)(2) is amended— (A) by striking out "and" at the end of subparagraph (D); (B) by adding "and" at the end of subparagraph (E); and (C) by adding at the end the following:

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