Page:United States Statutes at Large Volume 104 Part 6.djvu/729

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PUBLIC LAW 101-650—DEC. 1, 1990 104 STAT. 5119 (3) in subparagraph (A) as so redesignated, by inserting "subject to paragraph (2) of this subsection," before "before having completed"; and (4) by adding at the end thereof the following new paragraph: "(2) In cases in which a judicial official dies as a result of assassination and leaves a survivor or survivors who are entitled to receive the annuity benefits provided by subsection (h) or (t) of this section, paragraph (1)(A) of this subsection shall not apply.". (f) OTHER BENEFITS. — Section 376 of title 28, United States Code, is amended by adding at the end thereof the following: "(u) In the case of a judicial official who is assassinated, an annuity shall be paid under this section notwithstanding a survivor's eligibility for or receipt of benefits under chapter 81 of title 5, except that the annuity for which a surviving spouse is eligible under this section shall be reduced to the extent that the total benefits paid under this section and chapter 81 of title 5 for any year would exceed the current salary for that year of the office of the judicial official.". (g) EFFECTIVE DATE AND TRANSITION. — 28 USC 376 note. (1) EFFECTIVE DATE.—Subject to paragraph (2), the amendments made by this Act shall apply to all judicial officials assassinated on or after May 28, 1979. (2) RULES FOR RETROACTIVE APPLICATION. — (A) In the case of a judicial official who was Eissassinated on or after May 28, 1979, and before the date of the enactment of this Act, if the salary deductions provided by subsection (b) of section 376 of title 28, United States Code, or the deposits required by subsection (d) of such section, have been withdrawn pursuant to subsection (o) of such section, there shall be deducted from the annuities otherwise payable to the survivor or survivors of such judicial official, and the payment authorized by subparagraph (C) of this paragraph, an amount equal to the amount so withdrawn, with interest on the amount withdrawn at 3 percent per annum compounded on December 31 of each year. (B) In the case of the survivor or survivors of a judicial official to whom this paragraph applies who had less than 18 months of service before being assassinated, there shall be deducted from the annuities otherwise payable to the survivor or survivors of such judicial official, and the payment authorized by subparagraph (C) of this paragraph, an amount equal to the amount of salary deductions that would have been made if such deductions been made for 18 months before the judicial official's death, plus interest as described in subparagraph (A). (C) Subject to subparagraphs (A) and (B), the survivor or survivors of a judicial official to whom this paragraph applies shall be entitled to the payment of annuities they would have received under section 376 of title 28, United States Code, for the period beginning on the date such judicial official was assassinated and ending the date of the enactment of this Act. The Secretary of the Tresisury shall pay into the Judicial Survivors' Annuities fund, out of any money in the Treasury not otherwise appropriated, the gmiount of the annuities to which the survivor or survivors are entitled under this subparagraph. (3) DEFINITION.—For purposes of this subsection, the term— -^ (A) "assassinated" has the meaning given that term in section 376(a)(7) of title 28, United States Code, as added by this section; and