Page:United States Statutes at Large Volume 103 Part 1.djvu/651

 Iji-*:- '•^•* "^•.'f-' -**-*^?^-!!!!**!^,**?*^ '.**•: PUBLIC LAW 101-94—AUG. 16, 1989 103 STAT. 623 that in the case of the chief judge such designation shall be filed before death as prescribed by the Court). "(B) To the surviving spouse of the judge. "(C) To the child or children of the judge (and the descendants of any deceased children by representation). "(D) To the parents of the judge or the survivor of them. "(E) To the executor or administrator of the estate of the judge. "(F) To such other next of kin of the judge as may be determined by the chief judge to be entitled under the laws of the domicile of the judge at the time of the judge's death. "(3) Determination as to the surviving spouse, child, or parent of a judge for the purposes of paragraph (2) of this subsection shall be made without regard to the definitions in subsection (a) of this section. "(4) Payment under this subsection in the manner provided in this subsection shall be a bar to recovery by any other person. "(5) In a case in which the annuities of all persons entitled to annuity based upon the service of a judge terminate before the aggregate amount of annuity paid equals the total amount credited to the individual account of such judge (with interest at 3 percent per year, compounded on December 31 of each year to the date of the death of the judge), the difference shall be paid, upon establish- ment of a valid claim therefor, in the order of precedence prescribed in paragraph (2) of this subsection. "(6) Any accrued annuity remaining unpaid upon the termination (other than by death) of the annuity of any individual based upon the service of a judge shall be paid to that individual. Any accrued annuity remaining unpaid upon the death of an individual receiving an annuity based upon the service of a judge shall be paid, upon the establishment of a valid claim therefor, in the following order of precedence: "(A) To the executor or administrator of the estate of that person. "(B) After 30 days after the date of the death of such individ- ^^ ual, to such individual or individuals as may appear in the judgment of the chief judge to be legally entitled thereto. Such payment shall be a bar to recovery by any other individual. "(i) When a payment under this section is to be made to a minor, or to a person mentally incompetent or under other legal disability adjudged by a court of competent jurisdiction, the payment may be made to the person who is constituted guardian or other fiduciary by the law of the State of residence of such claimant or is otherwise legally vested with the care of the claimant or the claimant's estate. If no guardian or other fiduciary of the person under legal disability has been appointed under the laws of the State of residence of the claimant, the chief judge shall determine the person who is other- wise legally vested with the care of the claimant or the claimant's estate. "(j) Annuities under this section shall accrue monthly and shall be due and payable in monthly installments on the first business day of the month following the month or other period for which the annuity has accrued. An annuity under this section is not assign- able, either in law or in equity, or subject to execution, levy, attachment, garnishment, or other legal process.

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