Page:United States Statutes at Large Volume 102 Part 5.djvu/664

 102 STAT. 4670

PUBLIC LAW 100-702—NOV. 19, 1988 (3) by striking out subsection (d) and redesignating subsections (e) and (f) as subsections (d) and (e), respectively, (c) PROCEDURE

28 USC 376 note.

28 USC 376 note.

AFTER REMOVAL GENERALLY.—Section 1447

is

amended— (1) by amending subsection (c) to read as follows: "(c) A motion to remand the case on the basis of any defect in removal procedure must be made within 30 days after the filing of the notice of removal under section 1446(a). If at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded. An order remanding the case may require payment of just costs and any actual expenses, including attorney fees, incurred as a result of the removal. A certified copy of the order of remand shall be mailed by the clerk to the clerk of the State court. The State court may thereupon proceed with such case."; and (2) by adding at the end thereof the following new subsection: "(e) If after removal the plaintiff seeks to join additional defendants whose joinder would destroy subject matter jurisdiction, the court may deny joinder, or permit joinder and remand the action to the State court.". SEC. 1017. COST-OF-LIVING ADJUSTMENTS FOR JUDICIAL SURVIVORS' ANNUITIES. (a) IN GENERAL.—Section 376(m) is amended to read as follows: "(m) Each time that an increase is made under section 8340(b) of title 5 in annuities paid under subchapter III of chapter 83 of such title, each annuity payable from the Judicial Survivors' Annuities Fund shall be increased at the same time by the same percentage by which annuities are increased under that section.". Qi) INCREASE FOR EXISTING ANNUITANTS.—Each annuity payable from the Judicial Survivors' Annuities Fund under section 376 of title 28, United States Code, on the date of the enactment of this title shall be increased by 10 percent, effective on such date of enactment. (c) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply with respect to increases in annuities which are made under section 834O0t)) of title 5, United States Code, on or after the date of enactment of this title. SEC. 1018. ELIMINATION OF CIRCUIT EXECUTIVE BOARD OF CERTIFICATION PROCEDURE. Section 332 is amended— (1) in subsection (e) by striking out "executive from among persons who shall be certified by the Board of Certification." and inserting in lieu thereof "executive. In appointing a circuit executive, the judicial council shall take into account experience in administrative and executive positions, familiarity with court procedures, and special training."; and (2) in subsection (f) by striking out the first paragraph and by designating the remaining paragraphs as paragraphs (1), (2), (3), and (4), respectively. SEC. 1019. APPEALS UNDER TITLE 9, UNITED STATES CODE. (a) IN GENERAL.—Chapter 1 of title 9, United States Code, is amended by adding at the end thereof the following new section:

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