Page:United States Statutes at Large Volume 84 Part 1.djvu/561

 84 STAT. ]

PUBLIC LAW 91-358-JULY 29, 1970

503

full contributions were made to the retirement system from which the transfer was made. "(6) In the case of a judge whose lump-sum credit has been transferred to the fund under paragraph (4) of this subsection and who has not elected a survivor annuity under section 11-1566, or prior corresponding provision of law, the Commissioner shall refund to the judge any amount which the Commissioner determines to be in excess of the amount of the deposit required by this subsection. I n the case of a judge whose lump-sum credit has been transferred to the fund under paragraph (4) of this subsection and who, prior to the effective date of this section, had elected a survivor annuity and made deposits to the fund for survivor annuity purposes, the Commissioner shall refund to the judge any amount which the Commissioner determines in excess of the amount of the deposit required by section 11-1567. "(7) If any civilian service performed by the judge which is creditable under section 8832 of title 5, United States Code, is not covered gj^sjl*^*:!^^'' by the amount of the lump-sum credit transferred under paragraph gs stat! 831! (4) of this subsection, the judge may make deposit, on the standard basis prescribed by paragraph (1) of this subsection, with interest as provided in paragraph (2) of this subsection, in accordance with and subject to the applicable provisions of section 8334(c) and (d) of that title, of the amount or amounts necessary for him to receive full credit ^^ ^*^** ^^'^' for that service for the purposes of subsection (c) of this section. The deposit may be made, as the judge may elect, in installments, during the continuance of his judicial service, in such amounts as the Commissioner may determine in each instance, or in a lump sum prior to or at the time of his retirement under section 11-1562. A judge electing to make installment deposits shall not be given full credit for the service until the total required deposit is made. "(8) For the purpose of survivor annuity, deposits authorized by this subsection also may be made by the survivor of a judge. "(e) Nothing in this subchapter shall prevent a judge eligible therefor from simultaneously receiving his retirement salary under this section and any annuity or retired pay to which he would otherwise be entitled under any other law without regard to this subchapter. However, in computing the retirement salary of a judge under this section, service used in the computation of such other annuity shall not be credited. "§ 11-1565. Service by retired judges "Any retired judge performing full-time judicial duties on the District of Columbia Court of Appeals or the Superior Court shall be entitled, during the period for which he serves, to receive the salary of the office in which he performs such duties, but there shall be deducted from such salary an amount equal to his retirement salary for that period. No deduction shall be withheld for health benefits. Federal employees' life insurance, or retirement purposes from the salary paid to a retired judge during judicial service. The performance of such judicial service shall not create an additional retirement, change a retirement, or create or in any manner affect a survivor annuity. "§ Ll-1566. Survivor annuity; election; relinquishment " (a) Any judge, whether or not subject to sections 11-1562 to 1 1 1565, may, lay written election filed with the Commissioner within six months after the date on which he takes office or is reappointed or recommissioned, or within six months after he marries, bring himself within the survivor annuity provisions of this subchapter. "(b) Any judge in regular active service or any retired judge, who shall have elected survivor annuity, and who after that election is unmarried and does not have a dependent child, may elect— 47-348 O - 72 - 36 (Pt. 1)

�