§8440b Bankruptcy Judges and Magistrate Judges

section 2(c) of the Retirement and Survivors’ Annuities for Bankruptcy Judges and Magistrates Act of 1988, referred to in subsecs. (a)(1) and (b)(4), is section 2(c) of Pub. L. 100–659, which is set out as a note under section 377 of Title 28, Judiciary and Judicial Procedure. Codification Another section 8440b was renumbered section 8440c of this title.

2004—Subsec. (a)(2). Pub. L. 108–469, § 1(d)(5), substituted “as” for “only during a period”. Subsec. (b)(2). Pub. L. 108–469, § 3(2)(A), substituted “bankruptcy judge’s or magistrate judge’s” for “bankruptcy judge’s or magistrate’s”. Subsec. (b)(4)(B). Pub. L. 108–469, § 3(2)(B), substituted “bankruptcy judge or magistrate judge” for “bankruptcy judge or magistrate”. Subsec. (b)(8). Pub. L. 108–469, § 3(2)(B), substituted “bankruptcy judge or magistrate judge” for “bankruptcy judge or magistrate” in two places. 2000—Subsec. (b)(2). Pub. L. 106–554 substituted “the maximum percentage of such bankruptcy judge’s or magistrate’s basic pay for such pay period allowable under section 8440f.” for “5 percent of basic pay for such pay period.” 1996—Subsec. (b)(7). Pub. L. 104–208, § 101(f) [title VI, § 659 [title II, § 205(b)(1)]], inserted “of the distribution” after “equal to the amount” in first sentence. Subsec. (b)(8). Pub. L. 104–208, § 101(f) [title VI, § 659 [title II, § 205(b)(2)(A)]], substituted “less than an amount that the Executive Director prescribes by regulation” for “$3,500 or less”. Pub. L. 104–208, § 101(f) [title VI, § 659 [title II, § 205(b)(2)(B)]], which directed that par. (8) be amended by striking out “unless the bankruptcy judge or magistrate elects, at such time and otherwise in such manner as the Executive Director prescribes, one of the options available under subsection (b)”, was executed by striking out “unless the bankruptcy judge or magistrate elects, at such time and otherwise in such manner as the Executive Director prescribes, one of the options available under such subsection (b)” before period at end, to reflect the probable intent of Congress. 1994—Subsec. (b)(4)(B). Pub. L. 103–226, § 9(f)(1), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “section 8433(c) of this title applies to any bankruptcy judge or magistrate who elects to make contributions to the Thrift Savings Fund under subsection (a) of this section and who retires before attaining age 65 but is entitled, upon attaining age 65, to an annuity under section 377 of title 28 or section 2(c) of the Retirement and Survivors’ Annuities for Bankruptcy Judges and Magistrates Act of 1988; except that the period described in paragraph (3) of section 8433(c) commences on or after the date on which payment of the bankruptcy judge’s or magistrate’s annuity under section 377 of title 28 commences.” Subsec. (b)(4)(C). Pub. L. 103–226, § 9(f)(2), substituted “section 8433(b)” for “section 8433(d)”. Subsec. (b)(5). Pub. L. 103–226, § 9(f)(3), substituted “any of the actions described under paragraph (4)(A), (B), or (C) shall be considered” for “retirement under section 377 of title 28 is”. Subsec. (b)(8). Pub. L. 103–226, § 9(f)(5)(B), which directed striking out “and (c), as applicable”, was executed by striking out “or (c), as applicable” before period at end to reflect the probable intent of Congress. Pub. L. 103–226, § 9(f)(5)(A), substituted “Notwithstanding paragraph (4), if any bankruptcy judge or magistrate retires under circumstances making such bankruptcy judge or magistrate eligible to make an election under subsection (b)” for “Notwithstanding subparagraphs (A) and (B) of paragraph (4), if any bankruptcy judge or magistrate retires under circumstances making such bankruptcy judge or magistrate eligible to make an election under subsection (b) or (c)”. Pub. L. 103–226, § 9(f)(4), redesignated par. (9) as (8) and struck out former par. (8) which read as follows: “Notwithstanding paragraph (4)(C), if any bankruptcy judge or magistrate who elects to make contributions to the Thrift Savings Fund under subsection (a) retires before becoming entitled to an immediate annuity, or an annuity upon attaining age 65, under section 377 of title 28 or section 2(c) of the Retirement and Survivors’ Annuities for Bankruptcy Judges and Magistrates Act of 1988, and such bankruptcy judge’s or magistrate’s nonforfeitable account balance is $3,500 or less, the Executive Director shall pay the nonforfeitable account balance to the participant in a single payment unless the bankruptcy judge or magistrate elects, at such time and otherwise in such manner as the Executive Director prescribes, to have the nonforfeitable account balance transferred to an eligible retirement plan as provided in section 8433(e).” Subsec. (b)(9). Pub. L. 103–226, § 9(f)(4), redesignated par. (9) as (8). 1990—Pub. L. 101–335, § 9(a), renumbered section 8440a of this title as this section. Subsec. (b)(7). Pub. L. 101–335, § 3(b)(3), redesignated par. (8) as (7) and struck out former par. (7) which read as follows: “Sums contributed pursuant to this section by bankruptcy judges or magistrates, as well as all previous contributions to the Thrift Savings Fund by those bankruptcy judges and magistrates, and earnings attributable to such sums and contributions, may be invested and reinvested only in the Government Securities Investment Fund established under section 8438(b)(1)(A) of this title.” Subsec. (b)(8), (9). Pub. L. 101–335, § 6(b)(3), added pars. (8) and (9). Former par. (8) redesignated (7).

Words “magistrate judge”, “magistrate judges”, and “magistrate judge’s” substituted for “magistrate”, “magistrates”, and “magistrate’s”, respectively, in section catchline and in subsecs. (a)(1) and (b)(1)–(3), (4)(A), (C), (5), (7), and (8), pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.

of 1996 AmendmentAmendment by Pub. L. 104–208 effective Sept. 30, 1996, and withdrawals and elections as provided under such amendment to be made at earliest practicable date as determined by Executive Director in

, see section 101(f) [title VI, § 659 [title II, § 207]] of Pub. L. 104–208, set out as a note under section 5545a of this title.

of 1994 AmendmentAmendment by Pub. L. 103–226 effective Mar. 10, 1995, see section 9(j) of Pub. L. 103–226, set out as a note under section 8351 of this title.

, see section 6(c) of Pub. L. 101–335, set out as a note under section 8351 of this title.

Section effective Nov. 15, 1988, and applicable to bankruptcy judges and magistrate judges who retire on or after Nov. 15, 1988, with exception for judges and magistrate judges retiring on or after July 31, 1987, see section 9 of Pub. L. 100–659, as amended, set out as a note under section 377 of Title 28, Judiciary and Judicial Procedure.