102 STAT. 3914 PUBLIC LAW 100-659—NOV. 15, 1988

accepts compensation for civil office or employment under the
United States Government (other than for the performance of
functions as a bankruptcy judge or magistrate under section
155(b), 375, or 636(h) of this title) shall forfeit all rights to an
annuity under this section for the period for which such com-
pensation is received. For purposes of this paragraph, the term
'compensation' includes retired pay or salary received in retired
status,
"(n) LUMP-SUM PAYMENTS.—

"(1) ELIGIBILITY.—(A) Subject to paragraph (2), an individual
who serves as a bankruptcy judge or magistrate and—

"(i) who leaves office and is not reappointed as a bank-
ruptcy judge or magistrate for at least 31 consecutive days;
"(ii) who files an application with the Administrative
Office of the United States Courts for payment of the lump-
sum credit;

"(iii) is not serving as a bankruptcy judge or magistrate
at the time of filing of the application; and

"(iv) will not become eligible to receive an annuity under
this section within 31 days after filing the application;
is entitled to be paid the lump-sum credit. Payment of the lump-
sum credit voids all rights to an annuity under this section
based on the service on which the lump-sum credit is based,
until that individual resumes office as a bankruptcy judge or
magistrate.

"(B) Lump-sum benefits authorized by subparagraphs (C), (D),
and (E) of this paragraph shall be paid to the person or persons
surviving the bankruptcy judge or magistrate and alive on the
date title to the payment arises, in the order of precedence set
forth in subsection (o) of section 376 of this title, and in accord-
ance with the last two sentences of that subsection. For pur-
poses of the preceding sentence, the term 'judicial official' as
used in subsection (o) of section 376 shall be deemed to mean
'bankruptcy judge or magistrate'.

"(C) If a bankruptcy judge or magistrate dies before receiving
an annuity under this section, the lump-sum credit shall be
paid.

"(D) If all annuity rights under this section based on the
service of a deceased bankruptcy judge or magistrate terminate
before the total annuity paid equals the lump-sum credit, the
difference shall be paid.

"(E) If a bankruptcy judge or magistrate who is receiving an
annuity under this section dies, annuity accrued and unpaid
shall be paid.

"(F) Annuity accrued and unpaid on the termination, except
by death, of the annuity of a bankruptcy judge or magistrate
shall be paid to that individual.

"(G) Subject to paragraph (2), a bankruptcy judge or mag-
istrate who forfeits rights to an annuity under subsection (m)(3)
before the total annuity paid equals the lump-sum credit, shall
be entitled to be paid the difference if the bankruptcy judge or
magistrate files an application with the Administrative Office of
the United States Courts for payment of that difference. A
payment under this subparagraph voids all rights to an annuity
on which the payment is based.