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1 III of the Constitution of the United States or in the case of

2 any former Member who is appointed to serve as a justice or 3 judge of the United States, payment of an annuity may not 4 be made under this subchapter for any period for which he 5 is entitled to receive compensation on the basis of service as 6 such a justice or judge. 7 “(2) Upon the filing of an application, a former em8 ployee or Member whe is subject to paragraph (1) of this 9 subsection and who is appointed to serve as a justice or judge 10 of the United States on or after the 31st day preceding the 11 earliest date for commencement of his annuity is entitled 10 12 be paid, in accordance with section 8342 (a) of this title, 13 the amount (if any) by which his lump-sum credit exceeds 14 the total annuity paid to him, notwithstanding the time 15 limitation contained in such section for filing an application 16 for payment.”. 17 (b) Section 8344 (b) of such title 5 is amended by 18 striking out “It” and inserting in lieu thereof “Except as 19 provided in subsection (d) of this section, if”. 20

(c) The amendments made by the foregoing provisions 21 of this section shall take effect on


(1) the date of the enactment of this Act, or (2) October 1, 1976,


24 whichever date is later, and shall apply only with respect 1 to annuities for months beginning after the later of such

2 dates.

3 Sec. 2. (a) Notwithstanding section 5 (c) of the Act 4 of January 8, 1971 (Public Law 91-658; 5 U.S.C. 8339 5 (i) note), an annuitant



(1) who was unmarried at the time of retiring

1 under a provision of Federal law which permitted him to elect a reduced annuity with a survivor annuity



payable to a spouse,

(2) who married after retiring but before Janu



ary 8, 1971, and


(3) who certifies to the Civil Service Commission 13 that he was unable to file a timely election under sec14 tion 5 (c) of such Act by reason of his failure to receive 15 notification of his right to file such an election, 16 may irrevocably elect, in a signed writing received in the 17 Commission within 1 year after the effective date of this 18 subsection, a reduction in his current annuity in accordance 19 with the provisions of section 8389 (j) of title 5, United 20 States Code. The reduction in annuity is effective the first 21 day of the month after the election is received in the

22 Commission.


(b) Subsection (a) of this section shall take effect

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(1) the first day of the month following the date of the enactment of this Act, or



(2) October 1, 1976,

4 whichever date is later.


MAR 3 1976

Honorable David N. Henderson

Chairman, Committee on Post Office

and Civil Service

House of Representatives

Cannon House Office Building

Washington, D.C.

Dear Mr. Chairman:


This is in reply to the Committee's request for the views of this Office on H.R. 11733, "To amend chapter 83 of title 5, United States Code, to bar civil service annuity payments for periods with respect to which an annuitant is entitled to receive salary as a justice or judge of the United States, and for other purposes."

The principal purpose of this bill is to bar civil service annuities to retired Federal employees who become Federal judges or justices. In addition, section 2 of the bill would reopen the survivor election opportunity granted unmarried annuitants under P.L. 91-658.

In its report, the Civil Service Commission states its reasons for recommending that the civil service annuity be suspended only during active judicial service and then reinstated upon retirement or resignation of a judge or justice. ́In addition, the Commission suggests amendments to ensure that the judicial retirement provisions of the bill are entirely prospective and to allow for redeposit of refunds. The Commission also states a number of reasons for opposing the provisions of section 2 of the bill.

We concur in the views expressed by the Civil Service
Commission and, accordingly, would not object to enactment
of H.R. 11738 provided it is amended as suggested by the


(Signed), James M. Frey

James M. Frey

Assistant Director for

Legislative Reference

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I wish to acknowledge receipt of your letter of February 10, 1976, transmitting for consideration copies of H.R. 11738. It will, of course, be necessary for me to present the proposed bill to the Judicial Conference of the United States for an expression of its views.

The Conference will meet on April 7, 1976, and I trust that any hearings relative to this legislation may take place after that date so that the views of the Conference may be fully presented to your committee.


Rowland F. Kirks

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