Page:United States Statutes at Large Volume 103 Part 1.djvu/649

 PUBLIC LAW 101-94-AUG. 16, 1989 103 STAT. 621 shall be considered by that election to agree to the deductions from the judge's pay required by this subsection. "(d) A judge who makes an election under subsection (b) of this section shall deposit, with interest at 3 percent per year compounded on December 31 of each year, to the credit of the retirement fund, an amount equal to 3.5 percent of the judge's pay and of the judge's basic salary, pay, or compensation for service as a Member of Congress, and for any other civilian service within the purview of section 8332 of title 5. Each such judge may elect to make such deposits in installments during the judge's period of service in such amount and under such conditions as may be determined in each instance by the chief judge. Notwithstanding the failure of a judge to make such deposit, credit shall be allowed for the service rendered, but the annual-annuity of the surviving spouse of such judge shall be reduced by an amount equal to 10 percent of the amount of such deposit, computed as of the date of the death of such judge, unless the surviving spouse elects to eliminate such service entirely from credit under subsection (k) of this section. However, a deposit shall not be required from a judge for any year with respect to which deductions from the judge's pay, or a deposit, were actually made (and not withdrawn) under the civil service retirement laws. "(e) If the service of a judge who makes an election under subsec- tion (b) of this section terminates other than pursuant to the provi- sions of section 4096 of this title, or if any judge ceases to be married after making the election under subsection 0)) of this section and revokes (in a writing filed as provided in subsection (b) of this section) such election, the amount credited to the judge's individual account (together with interest at 3 percent per year compounded on Decem- ber 31 of each year to the date of the judge's relinquishment of office) shall be returned to the judge. For the purpose of this section, the service of a judge making an election under subsection (b) of this section shall be considered to have terminated pursuant to section 4096 of this title if— "(1) the judge is not reappointed following expiration of the term for which appointed; and "(2) at or before the time of the expiration of that term, the judge is eligible for and elects to receive retired pay under section 4096 of this title. "(0(1) If a judge who makes an election under subsection (b) of this section dies after having rendered at legist 5 years of civilian service (computed as prescribed in subsection (1) of this section), for the last 5 years of which the salary deductions provided for by subsection (c) of this section or the deposits required by subsection (d) of this section have actually been made (and not withdrawn) or the salary deductions required by the civil service retirement laws have actu- ally been made (and not withdrawn)— "(A) if the judge is survived by a surviving spouse but not by a dependent child, there shall be paid to the surviving spouse an annuity beginning with the day of the death of the judge or following the surviving spouse's attainment of the age of 50 years, whichever is the later, in an amount computed as pro- vided in subsection (k) of this section; or "(B) if the judge is survived by a surviving spouse and a dependent child or children, there shall be paid to the surviving spouse an immediate annuity in an amount computed as pro- vided in subsection (k) of this section and there shall also be

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