Pub. L. 106-117, tit. X, subtit. B, sec. 1023

SEC. 1023. SURVIVOR ANNUITIES. (a) Surviving Spouse.—Subsection (a)(5) of section 7297 is amended by striking “two years” and inserting “one year”. (b) Election To Participate.—Subsection (b) of such section is amended in the first sentence by inserting before the period “or within six months after the date on which the judge marries if the judge has retired under section 7296 of this title”. (c) Reduction in Contributions.—Subsection (c) of such section is amended by striking “3.5 percent of the judge’s pay” and inserting “that percentage of the judge’s pay that is the same as provided for the deduction from the salary or retirement salary of a judge of the United States Court of Federal Claims for the purpose of a survivor annuity under section 376(b)(1)(B) of title 28”. 113 STAT. 1593 (d) Interest Payments.—Subsection (d) of such section is amended— (1) by inserting “(1)” after “(d)”; and (2) by adding at the end the following new paragraph: “(2) The interest required under the first sentence of paragraph (1) shall not be required for any period— “(A) during which a judge was separated from any service described in section 376(d)(2) of title 28; and “(B) during which the judge was not receiving retired pay based on service as a judge or receiving any retirement salary as described in section 376(d)(1) of title 28.”. (e) Service Eligibility.—(1)Subsection (f) of such section is amended— (A) in paragraph (1), in the matter preceding subparagraph (A)— (i) by striking “at least 5 years” and inserting “at least 18 months”; and (ii) by striking “last 5 years” and inserting “last 18 months”; and (B) by adding at the end the following new paragraph: “(5) If a judge dies as a result of an assassination and leaves a survivor or survivors who are otherwise entitled to receive annuity payments under this section, the 18-month requirement in the matter in paragraph (1) preceding subparagraph (A) shall not apply.”. (2) Subsection (a) of such section is further amended— (A) in paragraph (2), by inserting “who is in active service or who has retired under section 7296 of this title” after “Court”; (B) in paragraph (3), by striking “7296(c)” and inserting “7296”; and (C) by adding at the end the following new paragraph: “(8) The term ‘assassination’ as applied to a judge shall have the meaning provided that term in section 376(a)(7) of title 28 as applied to a judicial official.”. (f) Age Requirement of Surviving Spouse.—Subsection (f) of such section is further amended by striking “or following the surviving spouse’s attainment of the age of 50 years, whichever is the later” in paragraph (1)(A).