< Back to H.R. 3086 (110th Congress, 2007–2009)

Text of To amend title 28, United States Code, to provide, in the case of certain widows and widowers whose judicial survivors’ ...

...whose judicial survivors’ annuities are terminated on account of remarriage, for the restoration of benefits upon the dissolution of the remar

This bill was introduced on July 18, 2007, in a previous session of Congress, but was not enacted. The text of the bill below is as of Jul 18, 2007 (Introduced).

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Source: GPO

I

110th CONGRESS

1st Session

H. R. 3086

IN THE HOUSE OF REPRESENTATIVES

July 18, 2007

introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To amend title 28, United States Code, to provide, in the case of certain widows and widowers whose judicial survivors’ annuities are terminated on account of remarriage, for the restoration of benefits upon the dissolution of the remarriage.

1.

Restoration of certain judicial survivors’ annuities

(a)

In general

Section 376 of title 28, United States Code, is amended by adding at the end the following:

(x)

In the case of a widow or widower whose annuity under clause (i) or (ii) of subsection (h)(1) is terminated because of remarriage before attaining 55 years of age, the annuity shall be restored at the same rate commencing on the day the remarriage is dissolved by death, divorce, or annulment, if—

(1)

the widow or widower elects to receive this annuity instead of any other survivor annuity to which such widow or widower may be entitled, under this chapter or under another retirement system for Government employees, by reason of the remarriage; and

(2)

any payment made to such widow or widower under subsection (o) or (p) on termination of the annuity is returned to the Judicial Survivors' Annuities Fund.

.

(b)

Conforming amendment

Section 376(h)(2) of title 28, United States Code, is amended by striking the period at the end and inserting , subject to subsection (x)..

2.

Effective date

(a)

In general

This Act and the amendments made by this Act shall take effect on the first day of the first month beginning at least 30 days after the date of the enactment of this Act and shall apply in the case of a remarriage which is dissolved by death, divorce, or annulment on or after such first day.

(b)

Limited retroactive effect

(1)

In general

In the case of a remarriage which is dissolved by death, divorce, or annulment within the 4-year period ending on the day before the effective date of this Act, the amendments made by this Act shall apply only if the widow or widower satisfies the requirements of paragraphs (1) and (2) of section 376(x) of title 28, United States Code (as amended by this Act) before—

(A)

the end of the 1-year period beginning on the effective date of this Act; or

(B)

such later date as Director of the Administrative Office of the United States Courts may by regulation prescribe.

(2)

Restoration

If the requirements of paragraph (1) are satisfied, the survivor annuity shall be restored, commencing on the date the remarriage was dissolved by death, annulment, or divorce, at the rate which was in effect when the annuity was terminated.

(3)

Lump-sum payment

Any amounts becoming payable to the widow or widower under this subsection for the period beginning on the date on which the annuity was terminated and ending on the date on which periodic annuity payments resume shall be payable in a lump-sum payment.