§627 — Title 28 Judiciary and Judicial Procedure | U.S. Code

Summary

People who work at the Federal Judicial Center — the Director, the Deputy Director, the professional staff, and the clerical and secretarial employees — are treated as judicial-branch employees for federal retirement, life insurance, and health benefits under the listed parts of Title 5. The Director can, within 6 months of taking office, file written notice with the Director of the Administrative Office of the U.S. Courts to give up coverage under chapter 83 (CSRS) or chapter 84 (FERS) and choose the retirement and disability rules in this section instead. A Director who chooses this section is still treated as an “employee” under chapter 84. If the Director later leaves without retiring, he can buy retirement credit under chapter 83 by depositing the amount required by 5 U.S.C. 8334. A Director who waived chapter 84 can buy chapter 84 credit by depositing 1.3 percent of basic pay for service from January 1, 1984, through December 31, 1986, and the amount in 5 U.S.C. 8422(a) for service after December 31, 1986; interest is figured under 5 U.S.C. 8334(e). When a Director has chosen this section and retires with at least 15 years of service and is 65 or older, the Administrative Office must pay a lifetime annuity equal to 80% of the office salary at retirement. If the Director has at least 10 years but is not eligible for the 65/15 rule, the annuity is the same share of 80% as the years of service are of 15, reduced by one-quarter of 1 percent (0.25%) for each full month the Director is under 65 at separation. A Director who becomes permanently disabled and is retired gets 80% if he has 15 or more years, or a proportional share if less, but never less than 50% of the salary. “Service” means time as Director and up to five years of certain prior public service (judges, Members of Congress, certain congressional staff, or certain Presidential appointees). Each annuity is raised by the same percent and on the same date as cost-of-living increases for chapter 83 annuities under 5 U.S.C. 8340.

Title 28, §627

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

(a)The Director, Deputy Director, the professional staff, and the clerical and secretarial employees of the Federal Judicial Center shall be deemed to be officers and employees of the judicial branch of the United States Government within the meaning of subchapter III of chapter 83 (relating to civil service retirement), chapter 84 (relating to the Federal Employees’ Retirement System), chapter 87 (relating to Federal employees’ life insurance program), and chapter 89 (relating to Federal employees’ health benefits program) of title 5, United States Code: Provided, however, That the Director, upon written notice filed with the Director of the Administrative Office of the United States Courts within 6 months after the date on which he takes office, may waive coverage under chapter 83 of title 5, subchapter III (the Civil Service Retirement System) or chapter 84 of title 5 (the Federal Employees’ Retirement System), whichever is applicable, and elect coverage under the retirement and disability provisions of this section. A Director who elects coverage under this section shall be deemed an “employee” for purposes of chapter 84 of title 5, subchapter III, regardless of whether he has waived the coverage of chapter 83, subchapter III, or chapter 84: And provided further, That upon his nonretirement separation from the Federal Judicial Center, waiver of coverage under chapter 83, subchapter III, and election of this section shall not operate to foreclose to the Director such opportunity as the law may provide to secure retirement credit under chapter 83 for service as Director by depositing with interest the amount required by section 8334 of title 5. A Director who waives coverage under chapter 84 and elects this section may secure retirement credit under chapter 84 for service as Director by depositing with interest 1.3 percent of basic pay for service from January 1, 1984, through December 31, 1986, and the amount referred to in section 8422(a) of title 5, for service after December 31, 1986. Interest shall be computed under section 8334(e) of title 5.

(b)Upon the retirement of a Director who has elected coverage under this section and who has at least fifteen years of service and has attained the age of sixty-five years the Director of the Administrative Office of the United States Courts shall pay him an annuity for life equal to 80 per centum of the salary of the office at the time of his retirement.Upon the retirement of a Director who has elected coverage under this section and who has at least ten years of service, but who is not eligible to receive an annuity under the first paragraph of this subsection, the Administrative Office of the United States Courts shall pay him an annuity for life equal to that proportion of 80 per centum of the salary of the office at the time of his retirement that the number of years of his service bears to fifteen, reduced by one-quarter of 1 per centum for each full month, if any, he is under the age of sixty-five at the time of separation from service.

(c)A director who has elected coverage under this section and who becomes permanently disabled to perform the duties of his office shall be retired and shall receive an annuity for life equal to 80 per centum of the salary of the office at the time of his retirement if he has at least fifteen years of service, or equal to that proportion of 80 per centum of such salary that the aggregate number of years of his service bears to fifteen if he has less than fifteen years of service, but in no event less than 50 per centum of such salary.

(d)For the purpose of this section, “service” means service, whether or not continuous, as Director of the Federal Judicial Center, and any service, not to exceed five years, as a judge of the United States, a Senator or Representative in Congress, a congressional employee in the capacity of primary administrative assistant to a Member of Congress or in the capacity of staff director or chief counsel for the majority or the minority of a committee or subcommittee of the Senate or House of Representatives, or a civilian official appointed by the President, by and with the advice and consent of the Senate.

(e)Each annuity payable under this section shall be increased by the same percentage amount and effective on the same date as annuities payable under chapter 83 of title 5, are increased as provided by section 8340 of title 5.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2000—Subsec. (a). Pub. L. 106–518, § 312(a), redesignated subsec. (b) as (a) and struck out former subsec. (a) which read as follows: “A Director of the Federal Judicial Center who attains the age of seventy years shall be retired from that office.” Subsec. (b). Pub. L. 106–518, § 312(a)(2), redesignated subsec. (c) as (b). Former subsec. (b) redesignated (a). Subsec. (c). Pub. L. 106–518, § 312(a)(2), redesignated subsec. (d) as (c). Former subsec. (c) redesignated (b). Pub. L. 106–518, § 301(b)(2), in first par., substituted “who has at least fifteen years of service and has” for “who has served at least fifteen years and” and, in second par., substituted “who has at least ten years of service,” for “who has served at least ten years,”. Subsec. (d). Pub. L. 106–518, § 312(a)(2), redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c). Pub. L. 106–518, § 301(b)(3), substituted “at least fifteen years of service,” for “served at least fifteen years,” and “less than fifteen years of service,” for “served less than fifteen years,”. Subsec. (e). Pub. L. 106–518, § 312(a)(2), redesignated subsec. (f) as (e). Former subsec. (e) redesignated (d). Pub. L. 106–518, § 301(b)(1), inserted “a congressional employee in the capacity of primary administrative assistant to a Member of Congress or in the capacity of staff director or chief counsel for the majority or the minority of a committee or subcommittee of the Senate or House of Representatives,” after “Congress,”. Subsec. (f). Pub. L. 106–518, § 312(a)(2), redesignated subsec. (f) as (e). 1996—Subsec. (b). Pub. L. 104–317, in first sentence, inserted “Deputy Director,” before “the professional staff” and “chapter 84 (relating to the Federal Employees’ Retirement System),” after “(relating to civil service retirement),”. 1988—Subsec. (b). Pub. L. 100–702, § 1006(a)(2), amended provisions after “Provided, however,” generally. Prior to amendment, those provisions read as follows: “That the Director, upon written notice filed with the Director of the Administrative Office of the United States Courts within six months after the date on which he takes office, may waive coverage under subchapter III of chapter 83 of title 5, United States Code (relating to civil service retirement), and elect coverage under the retirement and disability provisions of this section: And provided further, That upon his non-retirement separation from the Federal Judicial Center, such waiver and election shall not operate to foreclose to the Director such opportunity as the law may provide to secure civil service retirement credit for service as Director by depositing with interest the amount required by section 8334 of title 5, United States Code.” Subsec. (f). Pub. L. 100–702, § 1004(a), added subsec. (f).

Statutory Notes and Related Subsidiaries

Effective Date

of 1988 AmendmentAmendment by section 1004(a) of Pub. L. 100–702 applicable to cost-of-living increases that go into effect on or after Nov. 19, 1988, with respect to any annuity being paid or becoming payable on or after such date, see section 1004(b) of Pub. L. 100–702, set out as a note under section 611 of this title. Amendment by section 1006(a)(2) of Pub. L. 100–702 applicable to persons holding offices of Director of the Administrative Office of the United States Courts, Director of the Federal Judicial Center, and Administrative Assistant to the Chief Justice on Nov. 19, 1988, see section 1006(b) of Pub. L. 100–702, set out as a note under section 611 of this title.

§627 Retirement; employee benefits