Page:United States Statutes at Large Volume 90 Part 2.djvu/1141

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PUBLIC LAW 94-554—OCT. 19, 1976

" (1) 114 percent of the average annual salary, including retirement salary, which such judicial official received for serving in any of the offices designated in paragraph (1) of subsection (a) of this section (i) during those three years of such service in which his or her annual salary was greatest, or (ii) if such judicial official has so served less than three years, but more than eighteen months, then during the total period of such service pjrior to his or her death, multiplied by the total of: "(A) the number of years of creditable service tabulated in accordance with paragraph (1) of subsection (k) of this section; plus " (B) the number of years of creditable service tabulated in accordance with paragraph (2) of subsection (k) of this section,'plus "(C) the number of years of creditable service tabulated in accordance with paragraph (3) of subsection (k) of this section; plus "(D) the number of years up to, but not exceeding, fifteen of creditable service tabulated in accordance with paragraph (4) of subsection (k) of this section, plus: "(2) three-fourths of 1 percent of such average annual salary, multiplied by the number of years of any prior creditable service, as tabulated in accordance with subsection (k) of this section, not applied under paragraph (1) of this subsection: Provided, That such annuity snail not exceed 40 percent of such average annual salary and shall be further reduced in accordance with subsection (d) of this section, if applicable. " (m) Whenever the salary paid for service in one of the offices designated in paragraph (1) of subsection (a) of this section is increased, each annuity payable from the 'Judicial Survivors' Annuities Fund', which is based, in whole or in part, upon a deceased judicial official having rendered some portion of his or her final eighteen months of service in that same office, shall also be increased. The actual amount of the increase in such an annuity shall be determined by multiplying the amount of the annuity, on the date on which the increase in salary becomes effective, by 3 percent for each 5 percent by which such salary has been increased. In the event that such salary is increased by less than 5 percent, there shall be no increase in such annuity. "(n) Each annuity authorized 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 shall have accrued. No annuity authorized under this section s'hall be assignable, either in law or in equity, or subject to execution, levy, attachment, garnishment, or other legal process, "(o) In any case in which a judicial official dies while in office, or while receiving 'retirement salary', and; "(1) before having completed eighteen months of civilian service, computed in accordance with subsection (k) of this section, during which the salary deductions provided by subsection (b) of this section or the deposit required by subsection (d) of this section have actually been made; or " (2) after having completed eighteen months of civilian service, computed in accordance with subsection (k) of this section, during which all such deductions or deposits have been made, but without a survivor or survivors who are entitled to receive the annuity benefits provided by subsection (h) of this section; or

90 STAT. 2609

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