102 STAT. 3910

PUBLIC LAW 100-659—NOV. 15, 1988

Public Law 100-659
100th Congress

An Act

Nov. 15, 1988
[S. 1630]

Retirement and
Survivors'
Annuities for
Bankruptcy
Judges and
Magistrates Act
of 1988.
28 USC 1 note.

To provide for retirement and survivors' annuities for bankruptcy judges and
United States magistrates, and for other purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the "Retirement and Survivors' Annu-
ities for Bankruptcy Judges and Magistrates Act of 1988".

SEC. 2. BASIC RETIREMENT PROGRAM.

(a) NEW RETIREMENT SYSTEM.—Chapter 17 of title 28, United
States Code, is amended by adding at the end the following new
section:

"§ 377. Retirement of bankruptcy judges and magistrates

"(a) RETIREMENT BASED ON YEARS OF SERVICE.—A bankruptcy
judge or magistrate to whom this section applies and who retires
from office after attaining the age of 65 years and serving at least 14
years, whether continuously or otherwise, as such bankruptcy judge
or magistrate shall, subject to subsection (f), be entitled to receive,
during the remainder of the judge's or magistrate's lifetime, an
annuity equal to the salary being received at the time the judge or
magistrate leaves office.

"(b) RETIREMENT UPON FAILURE OF RE APPOINTMENT.—A bank-
ruptcy judge or magistrate to whom this section applies, who is not
reappointed following the expiration of the term of office of such
judge or magistrate, and who retires upon the completion of the
term shall, subject to subsection (f), be entitled to receive, upon
attaining the age of 65 years and during the remainder of such
bankruptcy judge's or magistrate's lifetime, an annuity equal to that
portion of the salary being received at the time the judge or mag-
istrate leaves office which the aggregate number of years of service,
not to exceed 14, bears to 14, if—

"(1) such judge or magistrate has served at least 1 full term as
a bankruptcy judge or magistrate, and

"(2) not earlier than 9 months before the date on which the
term of office of such judge or magistrate expires, and not later
than 6 months before such date, such judge or magistrate
notified the appointing authority in writing that such judge or
magistrate was willing to accept reappointment to the position
in which such judge or magistrate was serving.
For purposes of this subsection, in the case of a bankruptcy judge,
the written notice required by paragraph (2) shall be given to the
chief judge of the circuit in which such bankruptcy judge is serving
and, in the case of a magistrate, such notice shall be given to the
chief judge of the district court in which the magistrate is serving,
"(c) SERVICE OF AT LEAST 8 YEARS.—A bankruptcy judge or mag-
istrate to whom this section applies and who retires after serving at