Page:United States Statutes at Large Volume 106 Part 5.djvu/871

 PUBLIC LAW 102-572—OCT. 29, 1992 106 STAT. 4509 (4) in paragraph (3), as redesignated by paragraph (3) of this subsection, by striking "so deducted and withheld from the salary of each such judicial official" and inserting "deducted and withheld from the salary of each judicial official under paragraphs (1) and (2) of this subsection". (c) DEPOSITS. —Section 376(d) of title 28, United States Code, is amended— (1) in paragraph (1) by striking "5 percent" and inserting "3.5 percent"; and (2) in paragraph (2) by striking "5 percent" and inserting "3.5 percent". (d) REFUND OF DEPOSITS.—Section 376(g) of title 28, United States Code, is amended to read as follows: "(g) If any judicial official leaves office and is ineligible to receive a retirement salary or leaves office and is entitled to a deferred retirement salary but fails to make an election under subsection (b)(2) of this section, all amounts credited to his or her account established under subsection (e), together with interest at 4 percent per annum to December 31, 1947, and at 3 percent per annum thereafter, compounded on December 31 of each year, to the date of his or her relinquishment of office, minus a sum equal to 2,2 percent of salary for service while deductions were withheld under subsection (b) or for which a deposit was made by the judicial official under subsection (d), shall be returned to that judicial official in a lump-sum payment within a reasonable period of time following the date of his or her relinquishment of office. For the purposes of this section, a 'reasonable period of time' shall be presumed to be no longer than 1 year following the date upon which such judicial official relinquishes his or her office.". (e) PAYMENT OF ANNUITIES.— Section 376(h)(1) of title 28, United States Code, is amended by striking "or while receiving 'retirement salary,' " and inserting "while receiving retirement salary, or after filing an election and otherwise complying with the conditions under subsection (b)(2) of this section". (f) CREDITABLE SERVICE. —Section 376(k) of title 28, United States Code, is amended— (1) in paragraph (3) by striking "and" at the end; (2) in paragraph (4) by strilang the period and inserting ", and"; and (3) by adding at the end the following new paragraph: "(5) those years during which such judicial official had deductions withheld from his or her retirement salary in accordance with subsection (b)(1) or (2) of this section.". (g) COMPUTATION OF ANNUITY.—Section 376(1) of title 28, United States Code, is amended— (1) in paragraph (1) by striking "(i) during those three years of such service in which his or her annual salary" and inserting "(i) during those three years of such service, or during those three years while receiving a retirement salary, in which his or her annual salary or retirement salary"; and (2) in paragraph (1) by redesignating subparagraph (D) as subparagraph (E) and inserting after subparagraph (C) the following: "(D) the number of years during which the judicial official had deductions withheld from his or her retirement salary under subsection (b)(1) or (2) of this section; plus".

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