Page:United States Statutes at Large Volume 96 Part 1.djvu/96

 96 STAT. 54

PUBLIC LAW 97-164—APR. 2, 1982 PART D—-JUDICIAL RESIGNATION; PENSIONS PENSIONS OP JUDGES WHO RESIGN TO ACCEPT EXECUTIVE POSITIONS

26 USC 402.

SEC. 207. (a) Section 8332(b) of title 5, United States Code, is amended by striking out "and" at the end of paragraph (10), by striking out the period at the end of paragraph (11) and inserting in lieu thereof "; and", and by inserting at the end thereof the following new paragraph: "(12) service as a justice or judge of the United States, as defined by section 451 of title 28, and service as a judge of a court created by Act of Congress in a territory which is invested with any jurisdiction of a district court of the United States, but no credit shall be allowed for such service if the employee is entitled to a salary or an annuity under section 371, 372, or 373 of title 28.". 0>) Section 8334 of title 5, United States Code, is amended by inserting at the end thereof the following new subsection: "(i)(l) The Director of the Administrative Office of the United States Courts shall pay to the Fund the amount which an employee may deposit under subsection (c) of this section for service creditable under section 8332(b)(12) of this title if such creditable service immediately precedes service as an employee subject to this subchapter with a break in service of no more than ninety working days. The Director shall pay such amount from any appropriation available to him as a necessary expense of the appropriation concerned. "(2) The amount the Director pays in accordance with paragraph (1) of this subsection shall be reduced by the amount of any refund to the employee under section 376 of title 28. Except to the extent of such reduction, the amount the Director pays to the Fund shall satisfy the deposit requirement of subsection (c) of this section. "(3) Notwithstanding any other provision of law, the amount the Director pays under this subsection shall constitute an employer contribution to the Fund, excludable under section 402 of the Internal Revenue Code of 1954 from the employee's gross income until such time as the contribution is distributed or made available to the employee, and shall not be subject to refund or to lump-sum payment to the employee.". PART E—RULES OF PRACTICE PUBLICATION OF RULES

SEC. 208. (a) Chapter 131 of title 28, the United States Code, is amended by adding at the end thereof the following new section: 28 USC 2077.

"§ 2077. Publication of rules; advisory committees "(a) The rules for the conduct of the business of each court of appeals, including the operating procedures of such court, shall be published. Each court of appeals shall print or cause to be printed necessary copies of the rules. The Judicial Conference shall prescribe the fees for sales of copies under section 1913 of this title, but the Judicial Conference may provide for free distribution of copies to members of the bar of each court and to other interested persons.

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