PUBLIC LAW 100-659—NOV. 15, 1988	102 STAT. 3917
(ii) the aggregate amount of the annuity initially
payable on retirement under this subsection may not
exceed the rate of pay for the bankruptcy judge or
magistrate which is in effect on the day before the
retirement becomes effective.
 (2)	filing of notice of election.—A bankruptcy judge or
magistrate shall be entitled to an annuity under this subsection
only if the judge or magistrate files a notice of that election with
the Director of the Administrative Office of the United States
Courts specifying the date on which service would begin to be
credited under section 377 of title 28, United States Code, in lieu
of chapter 83 or chapter 84 of title 5, United States Code.
 (3)	lump-sum credit under title 5.—A bankruptcy judge or
magistrate who makes an election under paragraph (2) shall be
entitled to a lump-sum credit under section 8342 or 8424 of title
5, United States Code, as the case may be, for any service which
is covered under section 377 of title 28, United States Code, as
added by this section, pursuant to that election, and with
respect to which any contributions were made by the judge or
magistrate under the applicable provisions of title 5, United
States Code.
 (4)	recall.—With respect to any bankruptcy judge or mag-
istrate receiving an annuity under this subsection who is re-
called to serve under section 375 of title 28, United States
Code—

 (A)	the amount of compensation which such recalled
judge or magistrate receives under subsection (c) of such
section shall be calculated on the basis of the annuity
received under this subsection; and
 (B)	such recalled judge or magistrate may serve as a
reemployed annuitant to the extent permitted by subsec-
tion (e) of section 375 of such title.
Section 377(mX3) of title 28, United States Code, as added by
subsection (a) of this section, shall not apply with respect to
service as a reemployed annuitant described in subparagraph
(B).
SEC. 3. JUDICIAL SURVIVORS' ANNUITIES.
(a) annuities for survivors of bankruptcy judges and mag-
istrates retiring under new system.—Section 376 of title 28,
United States Code, is amended as follows:
(1)	Subsection (aXl) is amended—
 (A)	by striking out "or" at the end of subparagraph (D);
 (B)	by adding 'or^1' at the end of subparagraph (E);
(C)	by inserting after subparagraph (E) the following:
"(F) a full-time bankruptcy judge or a full-time United
States magistrate;"; and
(D)	by striking out "; or (iv) October 1, 1986;" and insert-
ing in lieu thereof ", (iv) October 1, 1986, or (v) the date of
the enactment of the Retirement and Survivors^1 Annuities
for Bankruptcy Judges and Magistrates Act of 1988, in the
case of a full-time bankruptcy judge or United States mag-
istrate in active service on that date;".
(2)	Subsection (aX2) is amended—
 (A)	by striking out "and" at the end of subparagraph (D);
 (B)	by adding "and" at the end of subparagraph (E); and
 (C)	by adding at the end the following: