Page:United States Statutes at Large Volume 102 Part 5.djvu/661

 PUBLIC LAW 100-702—NOV. 19, 1988

102 STAT. 4667

ment System) or chapter 84 of title 5 (the Federal Employees' Retirement System), whichever is applicable, and elect coverage under the retirement and disability provisions of this section. A Director who elects coverage under this section shall be deemed an 'employee' for purposes of chapter 84 of title 5, subchapter III, regardless of whether he has waived the coverage of chapter 83, subchapter III, or chapter 84: And provided further. That upon his nonretirement separation from the Federal Judicial Center, waiver of coverage under chapter 83, subchapter III, and election of this section shall not operate to foreclose to the Director such opportunity as the law may provide to secure retirement credit under chapter 83 for service as Director by depositing with interest the amount required by section 8334 of title 5. A Director who waives coverage under chapter 84 and elects this section may secure retirement credit under chapter 84 for service as Director by depositing with interest 1.3 percent of basic pay for service from January 1, 1984, through December 31, 1986, and the amount referred to in section 8422(a) of title 5, for service after December 31, 1986. Interest shall be computed under section 8334(e) of title 5.". (b) EFFECTIVE DATE.—The amendments made by this section shall 28 USC 611 note. apply to persons holding the offices of Director of the Administrative Office of the United States Courts, Director of the Federal Judicial Center, and Administrative Assistant to the Chief Justice on the date of enactment of this title. SEC. 1007. JUDICIAL DISQUALIFICATION AMENDMENT.

Section 455 is amended by adding at the end thereof the following: "(f) Notwithstanding the preceding provisions of this section, if any justice, judge, msigistrate, or bankruptcy judge to whom a matter has been gissigned would be disqualified, after substantial judicial time has been devoted to the matter, because of the appearance or discovery, after the matter was assigned to him or her, that he or she individually or as a fiduciary, or his or her spouse or minor child residing in his or her household, has a financial interest in a party (other than an interest that could be substantially affected by the outcome), disqualification is not required if the justice, judge, magistrate, bankruptcy judge, spouse or minor child, as the case may be, divests himself or herself of the interest that provides the grounds for the disqualification.". SEC. 1008. INCENTIVE AWARDS.

Section 604(a), as amended by this Act, is further amended— (1) by redesignating the second paragraph (14) through paragraph (19) as paragraphs (15) through (20); and (2) by inserting after paragraph (20) the following: "(21) Establish a program of incentive awards for employees of the judicial branch of the United States Government, other than any judge who is entitled to hold office during good behavior;". SEC. 1009. WAIVER OF CLAIMS FOR OVERPAYMENT OF JUDICIAL PAY AND ALLOWANCES.

(a) AMENDMENTS TO TITLE 5, UNITED STATES CODE.—Section 5584 of title 5, United States Code, is amended— (1) in subsection (a)— (A) by striking out "or" at the end of paragraph (1);

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