Pub. L. 100–659, § 7(a)102 Stat. 3919Pub. L. 101–335104 Stat. 320Pub. L. 101–650, title III, § 321104 Stat. 5117Pub. L. 103–226, § 9(f)108 Stat. 120Pub. L. 104–208, div. A, title I, § 101(f) [title VI, § 659 [title II, § 205(b)]110 Stat. 3009–314Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 138(a)(3)]114 Stat. 2763Pub. L. 108–469118 Stat. 3892(Added , , , § 8440a; renumbered § 8440b and amended , §§ 3(b)(3), 6(b)(3), 9(a), , , 324, 326; , , ; , , ; ], , , 3009–372, 3009–377; , , , 2763A–233; , §§ 1(d)(5), 3(2), , , 3893.)
Editorial Notes
References in Text
section 2(c) of Pub. L. 100–659section 377 of Title 28Section 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 , which is set out as a note under , Judiciary and Judicial Procedure.
Codification
section 8440c of this titleAnother section 8440b was renumbered .
Amendments
Pub. L. 108–469, § 1(d)(5)2004—Subsec. (a)(2). , substituted “as” for “only during a period”.
Pub. L. 108–469, § 3(2)(A)Subsec. (b)(2). , substituted “bankruptcy judge’s or magistrate judge’s” for “bankruptcy judge’s or magistrate’s”.
Pub. L. 108–469, § 3(2)(B)Subsec. (b)(4)(B). , substituted “bankruptcy judge or magistrate judge” for “bankruptcy judge or magistrate”.
Pub. L. 108–469, § 3(2)(B)Subsec. (b)(8). , substituted “bankruptcy judge or magistrate judge” for “bankruptcy judge or magistrate” in two places.
Pub. L. 106–5542000—Subsec. (b)(2). 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.”
Pub. L. 104–208, § 101(f) [title VI, § 659 [title II, § 205(b)(1)]1996—Subsec. (b)(7). ], inserted “of the distribution” after “equal to the amount” in first sentence.
Pub. L. 104–208, § 101(f) [title VI, § 659 [title II, § 205(b)(2)(A)]Subsec. (b)(8). ], 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.
Pub. L. 103–226, § 9(f)(1)Section 8433(c) of this titlesection 377 of title 28section 377 of title 281994—Subsec. (b)(4)(B). , amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “ 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 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 commences.”
Pub. L. 103–226, § 9(f)(2)Subsec. (b)(4)(C). , substituted “Section 8433(b)” for “Section 8433(d)”.
Pub. L. 103–226, § 9(f)(3)section 377 of title 28Subsec. (b)(5). , substituted “any of the actions described under paragraph (4)(A), (B), or (C) shall be considered” for “retirement under is”.
Pub. L. 103–226, § 9(f)(5)(B)Subsec. (b)(8). , 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)section 377 of title 28, 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 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).”
Pub. L. 103–226, § 9(f)(4)Subsec. (b)(9). , redesignated par. (9) as (8).
Pub. L. 101–335, § 9(a)section 8440a of this title1990—, renumbered as this section.
Pub. L. 101–335, § 3(b)(3)section 8438(b)(1)(A) of this titleSubsec. (b)(7). , 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 .”
Pub. L. 101–335, § 6(b)(3)Subsec. (b)(8), (9). , added pars. (8) and (9). Former par. (8) redesignated (7).
Statutory Notes and Related Subsidiaries
Change of Name
section 321 of Pub. L. 101–650section 631 of Title 28Words “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 , set out as a note under , Judiciary and Judicial Procedure.
Effective Date of 1996 Amendment
Pub. L. 104–208Pub. L. 104–208section 5545a of this titleAmendment by effective , and withdrawals and elections as provided under such amendment to be made at earliest practicable date as determined by Executive Director in regulations, see section 101(f) [title VI, § 659 [title II, § 207]] of , set out as a note under .
Effective Date of 1994 Amendment
Pub. L. 103–226section 9(j) of Pub. L. 103–226section 8351 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 1990 Amendment
section 3(b)(3) of Pub. L. 101–335section 8432(b) of this titlesection 3(c) of Pub. L. 101–335section 8351 of this titleAmendment by effective as of second election period described in beginning after , or as of such earlier date as Executive Director may by regulation prescribe, see , set out as a note under .
section 6(b)(3) of Pub. L. 101–335section 8432(b) of this titlesection 6(c) of Pub. L. 101–335section 8351 of this titleAmendment by effective as of second election period described in beginning after , or such earlier date as Executive Director may by regulation prescribe, and applicable with respect to separations occurring before, on, or after that effective date, see , set out as a note under .
Effective Date
section 9 of Pub. L. 100–659section 377 of Title 28Section effective , and applicable to bankruptcy judges and magistrate judges who retire on or after , with exception for judges and magistrate judges retiring on or after , see , as amended, set out as a note under , Judiciary and Judicial Procedure.