• Current through October 23, 2012

(a) There shall be deducted and withheld from the salary (whether basic or retirement) of each judge who has elected survivor annuity a sum equal to 3.5 percent of that salary. The amounts so deducted and withheld shall, in accordance with such procedures as may be prescribed by the Secretary of the Treasury, be deposited in the fund. Every judge who elects survivor annuity shall be deemed thereby to consent and agree to the deductions from the judge's salary as provided in this subsection, and payment less such deductions shall constitute a full and complete discharge and acquittance of all claims and demands whatever for all judicial services rendered by such judge during the period covered by such payment, except the right to the benefits to which the judge or the judge's survivors shall be entitled under the survivor annuity provisions of this subchapter.

(b) If the judge has not previously so deposited, each judge who has elected survivor annuity shall deposit to the fund, with interest computed in accordance with section 11-1564(d)(2), a sum equal to 3.5 percent of the judge's salary received for judicial service and of retirement salary (but excluding salary for judicial service under section 11-1565); and a sum equal to 3.5 percent of the judge's basic salary, pay, or compensation for civilian service creditable under section 8332 of title 5, United States Code, with interest as provided in section 11-1564(d). Except to the extent that the Secretary of the Treasury has made refund to the judge under section 11-1564(d)(6), deposit is not required with respect to that portion of the service of the judge covered by the transfer, under section 11- 1564(d)(4), of the judge's lump-sum credit to the fund. In addition, deposit may not be required for the types of service described in section 11- 1564(d)(3). Each judge may elect to make deposits under this subsection in installments during the continuance of the judge's judicial service in such amounts as may be determined in each instance by the Secretary of the Treasury. Deposits under this subsection also may be made by the survivor of a judge.

(c) If a judge or survivor fails to make such deposits, credit shall be allowed for the service, but the annuity of the widow or widower of such judge shall be reduced by an amount equal to 10 per centum of the deposit required by this section, computed as of the date of the death of the judge, unless the widow or widower elects to eliminate the service not covered by deposit entirely from credit for computation purposes except as provided in section 11-1564(d)(3).

(July 29, 1970, 84 Stat. 504, Pub. L. 91-358, title I, § 111; Nov. 17, 1979, 93 Stat. 866, Pub. L. 96-122, § 254(b)(3); June 6, 1986, 100 Stat. 514, Pub. L. 99-335, § 601(a)(1); June 13, 1994, Pub. L. 103-266, §§ 1(b)(72), (73), 108 Stat. 713; Aug. 5, 1997, 111 Stat. 759, Pub. L. 105-33, § 11253(a)(2).)


Prior Codifications

1981 Ed., § 11-1567.

1973 Ed., § 11-1567.