The law › Title 28, Judiciary and Judicial Procedure › Chapter 17
28 U.S.C. 376: Annuities for survivors of certain judicial officials of the United States
Created in 1958 by Public Law 85-508. Changed by 17 later laws. No bill we track in this Congress changes it.
4 other sections of the Code cite this one, including 5 U.S.C. 8334, 28 U.S.C. 178, 28 U.S.C. 377, 38 U.S.C. 7297.
- past change
- enacted this Congress
- proposed
This Congress
No bill we track in the 119th Congress changes this section.
How it got here
2012
- Pub. L. 112–234, §2(b)(2), substituted "subsection (w)" for "subsection (x)". (GAO Mandates Revision Act of 2012) Law text · (h)
- Pub. L. 112–234, §2(b)(1), redesignated subsecs. (x) and (y) as (w) and (x), respectively, and struck out former subsec. (w) which read as follows: "The Comptroller General of the United States shall, at the end of each 3-fiscal year period, determine whether the contributions … (GAO Mandates Revision Act of 2012) Law text · (w), (x), (y)
2009
- Pub. L. 111–49 added subsec. (y). Law text · (y)
2008
- Pub. L. 110–402 substituted "a Counselor" for "an administrative assistant". Law text · (a), (2)
- Pub. L. 110–428, §3(b), substituted ", subject to subsection (x)." for period at end. (Inmate Tax Fraud Prevention Act of 2008) Law text · (h)
- Pub. L. 110–428, §3(a), added subsec. (x). (Inmate Tax Fraud Prevention Act of 2008) Law text · (x)
2000
1996
- Pub. L. 104–317, §308, amended par. (1) generally. Prior to amendment, par. (1) read as follows: "Every judicial official who files a written notification of his or her intention to come within the purview of this section, in accordance with paragraph (1) of subsection (a) of this s… Law text · (b)
- Pub. L. 104–317, §302, substituted "while receiving retirement salary, or after filing an election and otherwise complying with the conditions under subsection (b)(2) of this section," for "or while receiving 'retirement salary'," in introductory provisions. Law text · (o)
1992
- Pub. L. 102–572, §§201(a), 902(b)(2), in concluding provisions substituted "Court of Federal Claims" for "Claims Court" in cl. (vi) and added cl. (vii). · (a)
- Pub. L. 102–572, §902(b)(1), substituted "United States Court of Federal Claims" for "United States Claims Court". · (a), (2)
- Pub. L. 102–572, §201(b), designated first sentence as par. (1), substituted "a sum equal to 2.2 percent of that salary, and a sum equal to 3.5 percent of his or her retirement salary." and second sentence for "including any 'retirement salary', a sum equal to 5 percent of that salary.… · (b)
- Pub. L. 102–572, §201(c), substituted "3.5 percent" for "5 percent". · (d), (2)
- Pub. L. 102–572, §201(d), amended subsec. (g) generally. Prior to amendment, subsec. (g) read as follows: "If any judicial official resigns from office without receiving any 'retirement salary,' all amounts credited to his or her individual account, together with interest at 4 percent … · (g)
- Pub. L. 102–572, §201(e), substituted "while receiving retirement salary, or after filing an election and otherwise complying with the conditions under subsection (b)(2) of this section" for "or while receiving 'retirement salary,' ". · (h)
- Pub. L. 102–572, §201(f), added par. (5). · (k)
- Pub. L. 102–572, §201(g), substituted ", or during those three years while receiving a retirement salary, in which his or her annual salary or retirement salary" for "in which his or her annual salary" in cl. (i) of introductory provisions, added subpar. (D), and redesignated former… · (l)
- Pub. L. 102–572, §201(h), added subsec. (v). · (v)
- Pub. L. 102–572, §201(i), added subsec. (w). · (w)
1990
- Pub. L. 101–650, §306(b)(1), added subpar. (G) and cl. (vi) before semicolon at end. · (a)
- Pub. L. 101–650, §306(b)(2), added subpar. (G). · (a)
- Pub. L. 101–650, §322(g)(2), substituted "paragraph" for "subparagraph". · (a)
- Pub. L. 101–650, §322(b), added par. (7). · (a)
- Pub. L. 101–650, §306(b)(3), substituted "section 178 or 377" for "section 377" in two places. · (b)
- Pub. L. 101–650, §322(a)(1)–(4), inserted "(A)" before "after having completed", inserted ", or (B) if the death of such judicial official was by assassination, before having satisfied the requirements of clause (A) if, for the period of such service, the deductions provided by subs… · (h)
- Pub. L. 101–650, §322(g)(1)(A), substituted "clause (i) or (ii) of paragraph (1)" for "subparagraphs (1)(A) or (1)(B)". · (h)
- Pub. L. 101–650, §322(g)(1)(B), substituted "paragraph" for "subparagraph" wherever appearing. · (h)
- Pub. L. 101–650, §322(g)(1)(C), substituted "paragraph (1)(ii)" for "subparagraph (1)(B)" in two places and "paragraph (1)(iii)" for "subparagraph (1)(C)". · (h)
- Pub. L. 101–650, §322(a)(5), added par. (6). · (h)
- Pub. L. 101–650, §322(c), designated existing provisions as par. (1) and added par. (2). · (i)
- Pub. L. 101–650, §322(d), struck out "but more than eighteen months," after "less than three years,". · (l)
- Pub. L. 101–650, §322(e), inserted "(1)" after "(o)", redesignated former pars. (1) to (3) as subpars. (A) to (C), respectively, inserted "subject to paragraph (2) of this subsection," before "before having completed" in subpar. (A), and added par. (2). · (o)
- Pub. L. 101–650, §322(f), added subsec. (u). · (u)
1988
- Pub. L. 100–659, §3(a)(1), added subpar. (F) and substituted ", (iv) October 1, 1986, or (v) the date of the enactment of the Retirement and Survivors' Annuities for Bankruptcy Judges and Magistrates Act of 1988, in the case of a full-time bankruptcy judge or United States magistrat… · (a)
- Pub. L. 100–659, §3(a)(2), added subpar. (F). · (a)
- Pub. L. 100–659, §3(a)(3), inserted "(and any deductions made under section 377 of this title or under subchapter III of chapter 83, or chapter 84, of title 5)" after "deductions" and "(and under section 377 of this title or under subchapter III of chapter 83, or chapter 84, of title 5… · (b)
- Pub. L. 100–702 amended subsec. (m) generally. Prior to amendment, subsec. (m) read as follows: "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' Ann… · (m)
1986
- Pub. L. 99–336, §2(a)(1), substituted "she marries, (iii) January 1, 1977; or (iv) October 1, 1986" for "she marries, or (iii) the date upon which the Judicial Survivors' Annuities Reform Act becomes effective" in concluding provision. · (a)
- Pub. L. 99–396, §21(b)(1), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: "a judge of the United States District Court for the District of the Canal Zone, the District Court of Guam, or the District Court of the Virgin Islands;". · (a)
- Pub. L. 99–396, §21(b)(2), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: "in the case of a judge of the United States District Court for the District of the Canal Zone, the District Court of Guam, or the District Court of the Virgin Islands, sala… · (a)
- Pub. L. 99–336, §2(d)(1), added par. (6). · (a)
- Pub. L. 99–336, §2(a)(2), substituted "5 percent" for "4.5 percent". · (b)
- Pub. L. 99–336, §2(a)(3), in amending subsec. (c) generally, designated existing provisions as par. (1), substituted provisions which related to amounts deposited to credit of Judicial Survivors' Annuities Fund to reduce unfunded liability of Fund to zero, for provisions which related … · (c)
- Pub. L. 99–336, §2(a)(2), substituted "5 percent" for "4.5 percent" in pars. (1) and (2). · (d)
- Pub. L. 99–336, §2(a)(4)(A), substituted "10 percent of the average annual salary determined under subsection (l)(1) of this section" for "$1,548" in cl. (i) and "20 percent of such average annual salary" for "$4,644" in cl. (ii). · (h)
- Pub. L. 99–336, §2(a)(4)(B), substituted "20 percent of the average annual salary determined under subsection (l)(1) of this section" for "$1,860" in cl. (ii) and "40 percent of such average annual salary amount" for "$5,580" in cl. (iii). · (h)
- Pub. L. 99–336, §2(a)(4)(C), inserted "before attaining age 55" after "or remarriage". · (h)
- Pub. L. 99–336, §2(e), struck out "under subsection (b) of" before "section 371". · (k)
- Pub. L. 99–336, §2(a)(5)(C), (d)(3)(A), substituted provisions which set annuity limit not to exceed 50 percent of, nor be less than 25 percent of, average annual salary, for provisions which set annuity limit not to exceed 40 percent of average annual salary, and inserted provision th… · (l)
- Pub. L. 99–336, §2(a)(5)(A), substituted "1.5 percent" for "1¼ percent". · (l)
- Pub. L. 99–336, §2(a)(5)(B), substituted "of this subsection;" for "of this subsection:". · (l)
- Pub. L. 99–336, §2(d)(3)(B), inserted "except as provided in subsections (s) and (t)," after "in equity," in last sentence. · (n)
- Pub. L. 99–336, §2(d)(3)(C), inserted "or (t)" after "subsection (h)". · (o), (3)
- Pub. L. 99–336, §2(d)(2), added subsecs. (s) and (t). · (s), (t)
1978
- Pub. L. 95–598 directed the amendment of subpar. (A) by adding cl. (iii) relating to bankruptcy judges, which amendment did not become effective pursuant to section 402(b) of Pub. L. 95–598, as amended, set out as an Effective Date note preceding section 101 of Title 11, Bankrupt… · (a)
1976
- Pub. L. 94–554 amended section generally so as to reform and update the existing judicial survivors' annuity program providing benefits for surviving spouses and children of all Federal Justices and judges who elect to join the program by placing the program in an actuarially sound fiscal condition…
1972
- Pub. L. 92–397 substituted "of justices and judges of the United States" for "of judges" in section catchline and substituted "justice or judge" for "judge" and "justice's or judge's" for "judge's" wherever appearing. · (a), (b), (c)
1968
- Pub. L. 90–466 struck out "(or within six months after the enactment of this section)" after "takes office" and authorized Federal judges to elect within six months of marriage to participate in the judicial survivors annuity system. · (a)
1967
- Pub. L. 90–219 added subsecs. (r) and (s). · (r), (s)
1958
- Pub. L. 85–508 struck out provisions which related to the judge of the District Court for the Territory of Alaska. See section 81A of this title which establishes a United States District Court for the State of Alaska. · (q)
Text, outline and history from the official U.S. Code (2024 edition) on GovInfo, published by the Office of the Law Revision Counsel. Changes made after that edition appear under This Congress.