Page:United States Statutes at Large Volume 70.djvu/1081

 70

STAT.]

1025

P U B L I C DAW 973-AUG. 3, 1956

or subject to execution, levy, attachment, garnishment, or other legal process. " (n) The annuity of the widow of a judge who has elected to bring himself within the purview of this section shall be an amount equal to the sum of (1) l^^ per centum of the average annual salary received by such judge for judicial service and any other prior allowable service during the last five years of such service prior to his death, or retirement from office by resignation on salary under section 371(a) of this title, multiplied by the sum of his years of judicial service, his years of prior allowable service as a Senator, Representative, Delegate, or Resident Commissioner in Congress, his years of prior allowable service performed as a member of the Armed Forces of the United States, and his years, not exceeding fifteen, of prior allowable service performed as an employee described in section 698(g) of title 5, and (2) % of 1 per centum of such average annual salary multiplied by his years of any other prior allowable service, but such annuity shall not exceed 371/^ per centum of such average annual salary and shall be further reduced in accordance with subsection (c) of this section, if applicable. "(o) Subject to the provisions of subsection (c) of this section, the years of service of a judge which are allowable as the basis for calculating the amount of the annuity of his widow shall include his years of service as a judge of the United States (whether in regular active service or retired from such service under section 371(b) or 372 (a) of this title), his years of service as a Senator, Representative, Delegate, or Resident Commissioner in Congress, his ^ears of active service as a member of the Armed Forces of the United States not exceeding five years in the aggregate and not including any such service for which credit is allowed for the purposes of retirement or retired pay under any other provision of law, and his years of any other civilian service within the purview of section 707 of title 5. " (p) Nothing contained in this section shall be construed to prevent a widow eligible therefor from simultaneously receiving an annuity under this section and any annuity to which she would otherwise be entitled'under any other law witnout regard to this section, but in computing such other annuity service used in the computation of her annuity under this section shall not be credited. "(q) The judges of the District Court for the Territory of Alaska, the United States District Court for the District of the Canal Zone, the District Court of Guam and the District Court of the Virgin Islands and judges of the United States, as defined in section 451 of this title, who are entitled to hold office only for a term of yeare shall be deemed judges of the United States for the purposes of this section and shall be entitled to bring themselves within the purview of this section by filing an election as provided in subsection (a) of this section within the time therein specified. I n the case of such judges the phrase 'retirement from office by resignation on salary under section 371(a) of this title' as used in subsections (b), (c), (g), (i) and (n) of this section shall mean 'retirement from office by resignation on salary under section 373 of this title or by removal or failure of reappointment after not less than ten years judicial service', and the phrase 'resigns from office otherwise than on salary under section 371 (a) of this title' as used in subsection (f) of this section shall mean 'resigns from office otherwise than on salary under section 373 of this title or is removed or fails of reappointment after less than ten years judicial service'."

692Z5 O - 57 - 69 ( V o l. 70)

C o m p u t a t i o n of annuity.

68 Stat. 2U

Receipt of oth«r annuities.

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