Biggs, Jr., Hon. John, chief judge, third judicial circuit. Keogh, Hon. Eugene J., Representative in Congress from the State' Multer, Hon. Abraham J., Representative in Congress from the State Myers, Robert J., chief actuary, Social Security Administration__ Shafroth, Will, Chief, Division of Procedural Studies and Statistics, Administrative Office of the United States Courts_ Worley, Hon. Eugene, judge, United States Court of Customs and Additional information: Proposed amendments to H. R. 6974. 6 21 23 36 46 III United States Civil Service Commission letter of November 4, 1955__ PAYMENT OF ANNUITIES FOR WIDOWS OF FEDERAL JUDGES MONDAY, FEBRUARY 6, 1956 HOUSE OF REPRESENTATIVES, The subcommittee met at 10:30 a. m., in room 346, House Office Building, Hon. Emanuel Celler (chairman) presiding. Present: Messers. Celler, Rogers, Quigley, Keating, McCulloch, Scott. Present: Messrs. Celler, Rogers, Quigley, Keating, McCulloch, Mr. CELLER. The committee has met for the consideration of various bills having for their purpose to provide for payment of an annuity to widows of justices and judges of the United States courts. [H. R. 75, 84th Cong., 1st sess.] A BILL To provide for payment of an annuity to widows of justices and judges Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That chapter 17 of title 28, United States Code, is amended by adding at the end thereof the following new section: "§ 375. Annuities to widows of justices and judges. "(a) Except as provided in subsection (b) of this section, the widow of a justice of the United States or judge of the United States entitled to hold office during good behavior who shall have given notice of his desire to come within the purview of this section as provided in subsection (c) shall receive until her death or remarriage an annuity in the amount of 5 per centum of the annual salary of the office which was occupied by the justice or judge at the time of his death multiplied by the number of years, and the fraction representing any part of a year, that he served as justice or judge in regular active service in the Federal judiciary, as the term 'Federal judiciary' is in this section defined, reduced by a sum equal to 3 per centum of such annual salary, but the amount of such annuity as so reduced shall in no event exceed 47 per centum of such annual salary. Any justice or judge who dies after having served in regular active service less than a year shall be deemed to have served one year in computing the amount of the annuity to be paid his widow under the provisions of this section. The term 'Federal judiciary', as used in this section, is, solely for the purpose of this section, hereby defined to include the following courts, namely, any court of the United States, the District Court for the Territory of Alaska, the District Court of the Virgin Islands, the United States District Court for the District of the Canal zone, the District Court of Guam, and no other court. "(b) A widow otherwise eligible to receive an annuity under this section, but who was married to the justice or judge less than two years, shall receive no annuity unless he is survived by an unmarried child or children under the age of twenty-one, for whose support she is responsible, in which event she shall receive an annuity as computed in subsection (a) of this section, until such child or children shall have reached the age of twenty-one or shall have previously married or died, or until such widow dies or remarries. 1 “(c) (1) Any justice of the United States or judge of the United States entitled to hold office during good behavior, whether or not he has retired from regular active service, may give notice in writing to the Director of the Administrative Office of the United States Courts of his desire to come within the purview of this section. Such notice may be given by a justice or judge within six months after the date of enactment of this section or within six months after the date of his marriage or remarriage or within six months after any date on which he takes an oath of office as justice or judge, and shall state therein the basis of the eligibility of the justice or judge to make his election to come within this section. The Director shall cause to be withheld from the salary of a justice or judge who gives notice as provided in this subsection a sum equal to 3 per centum of such salary for the period beginning with the day following the date of receipt of such notice and ending on the date of the death or resignation of such justice or judge or of the dissolution of his marriage or of his cancellation of such notice as provided in paragraph (2), whichever first occurs. There shall also be withheld from the first monthly salary payment to the justice or judge subsequent to the receipt of such notice a further sum equal to 3 per centum of the salary paid to him for the period beginning on the date on which his stated eligibility occurred and ending on the date of receipt of such notice. Sums withheld under this subsection shall be deposited in the Treasury of the United States as miscellaneous receipts. "(2) Any justice or judge who has given notice of his desire to come within the purview of this section may withdraw from participation thereunder by canceling in writing the notice previously given, and no annuity shall thereafter be payable to his widow unless the justice or judge again becomes eligible and elects to come within this section. "(d) In computing an annuity under this section no credit shall be allowed for any period of service subsequent to the date of enactment of this section unless deductions shall have been made with respect thereto as provided in subsection (c) or unless back payments equal to 3 per centum of the salary received by the justice or judge for service during such period shall have been made by him. No such back payment shall be made except at the time notice is given of an election under subsection (c) or within six months thereafter. The proceeds of any such back payments shall be deposited in the Treasury of the United States as miscellaneous receipts. "(e) In the case of a living widow of a justice or judge who died prior to the date of approval of this section, an annuity shall be paid as provided in this section as if such justice or judge had died on the day following such date and had theretofore elected to come within the provisions of this section, providing she has not remarried. "(f) Any justice or judge, including a deceased justice or judge, who resigned prior to the date of approval of this section and who continued to receive salary as a resigned justice or judge shall be considered to be a justice or judge within the meaning of this section except that the annuity provided for the widow of such designed justice or judge shall be computed on the basis of the salary which he was receiving when he resigned. No annuity shall be payable under this section in the case of the widow of a justice or judge who resigns on or after the date of approval of this section. "(g) The Director of the Administrative Office of the United States Courts shall supervise the administration of this section." SEC. 2. The analysis of chapter 17 of title 28, United States Code, immediately preceding section 371, is amended by inserting at the end thereof: "375. Annuities to widows of justices and judges." SEC. 3. Funds necessary to carry out the provisions of this Act may be appropriated out of any money in the Treasury not otherwise appropriated. [H. R. 678, 84th Cong., 1st sess.] A BILL To provide for payment of an annuity to widows of justices and judges Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That chapter 17 of title 28, United States Code, is amended by adding at the end thereof the following new section: "§ 375. Annuities to widows of Justices and judges. "(a) Except as provided in subsection (b) of this section, the widow of a Justice or judge of the United States shall receive until her death or remarriage an annuity computed at the rate of 5 per centum of the annual salary of his office at the time of his death multiplied by the number of years, and the fraction representing any part of a year, that he served as such in active service in any court of the United States, but in no event to exceed 50 per centum of such annual salary. "(b) A widow who was married to a Justice or judge less than five years, who is survived by an unmarried child under the age of twenty-one, for whose support she is responsible, shall receive an annuity as computed in subsection (a) of this section, until the youngest such child reaches the age of twenty-one. "(c) A widow who was married to a Justice or judge less than five years shall receive such annuity as computed in subsection (a) of this section only for the number of years and the fraction representing any part of a year that they were married. "(d) The Director of the Administrative Office of the United States Courts shall supervise the administration of this section." SEC. 2. The analysis of chapter 17 of title 28, United States Code, immediately preceding section 371, is amended by inserting at the end thereof: "375. Annuities to widows of Justices and judges." SEC. 3. A widow of a Justice or judge who died prior to the enactment of this Act shall receive an annuity as provided in section 1 as if he had died on the day following its enactment. SEC. 4. Funds necessary to carry out the provisions of this Act may be appropriated out of any money in the Treasury not otherwise appropriated. [H. R. 3764, 84th Cong., 1st sess.] A BILL To provide for payment of an annuity to widows of Justices and judges Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That chapter 17 of title 28, United States Code, is amended by adding at the end thereof the following new section: "§ 375. Annuities to widows of Justices and judges. "(a) Except as provided in subsection (b) of this section, the widow of a Justice or judge of the United States shall receive until her death or remarriage an annuity computed at the rate of 5 per centum of the annual salary of his office at the time of his death multiplied by the number of years, and the fraction representing any part of a year, that he served as such in active service in any court of the United States, but in no event to exceed 50 per centum of such annual salary. "(b) A widow who was married to a Justice or judge less than five years, who is survived by an unmarried child under the age of twenty-one, for whose support she is responsible, shall receive an annuity as computed in subsection (a) of this section, until the youngest such child reaches the age of twenty-one. "(c) A widow who was married to a Justice or judge less than five years shall receive such annuity as computed in subsection (a) of this section only for the number of years and the fraction representing any part of a year that they were married. "(d) The Director of the Administrative Office of the United States Courts shall supervise the administration of this section." SEC. 2. The analysis of chapter 17 of title 28, United States Code, immediately preceding section 371, is amended by inserting at the end thereof: "375. Annuities to widows of Justices and judges." SEC. 3. A widow of a Justice or judge who died prior to the enactment of this Act shall receive an annuity as provided in section 1 as if he had died on the day following its enactment. SEC. 4. Funds necessary to carry out the provisions of this Act may be appropriated out of any money in the Treasury not otherwise appropriated. |