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5 U.S.C. § 8440a — Justices and judges

submitted 38 years ago by Pub. L. 100-654 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 377 words · no verdicts yet

in plain englishAI-generated · not legal advice

Federal justices and judges can elect to contribute part of their pay. Retirement pay doesn't count, and most Thrift Savings Plan rules apply to them. But the government doesn't match judges' contributions, and small balances are paid out automatically.

(a) Electing to contribute.
(1) A U.S. justice or judge (as defined in 28 U.S.C. section 451) can elect to contribute part of their basic pay to the Thrift Savings Fund. "Basic pay" here doesn't include any annuity or salary paid to a judge who has already retired under 28 U.S.C. section 371(a) or (b) or section 372(a).
(2) This election follows the same process as under section 8432(b) for regular participants.

(b) Applying the regular rules, with exceptions.
(1) Except as this subsection says otherwise, the regular Thrift Savings Plan rules (this subchapter and subchapter VII) apply to justices and judges who contribute.
(2) A judge's contribution in any pay period can't exceed the maximum percentage allowed under section 8440f.
(3) No matching agency contributions are made for a justice or judge under section 8432(c), unlike regular employees.
(4) Section 8433(b) (the benefit-election rules) applies to a judge who retires under 28 U.S.C. section 371(a), (b), or section 372(a); that kind of retirement counts as a "separation from service" for purposes of subchapters III and VII of this chapter.
(5) Section 8433(b) also applies to any judge who resigns without meeting the age-and-service requirements in 28 U.S.C. section 371(c).
(6) Section 8351(b)(5)'s spousal-rights rules govern the spouses of contributing justices and judges.
(7) Despite paragraphs (4) and (5), if a judge retires or resigns under those provisions and their nonforfeitable balance is below an amount the Executive Director sets by regulation, the Executive Director must pay it out automatically in a single lump sum.

the actual law source: uscode.house.gov ↗public domain
(a)
(1)

A justice or judge of the United States as defined by section 451 of title 28 may elect to contribute an amount of such individual’s basic pay to the Thrift Savings Fund. Basic pay does not include an annuity or salary received by a justice or judge who has retired under section 371(a) or (b) or section 372(a) of title 28, United States Code.

(2)

An election may be made under paragraph (1) as provided under section 8432(b) for individuals subject to this chapter.

(b)
(1)

Except as otherwise provided in this subsection, the provisions of this subchapter and subchapter VII shall apply with respect to justices and judges making contributions to the Thrift Savings Fund.

(2)

The amount contributed by a justice or judge for any pay period shall not exceed the maximum percentage of such justice’s or judge’s basic pay for such pay period allowable under section 8440f.

(3)

No contributions shall be made for the benefit of a justice or judge under section 8432(c) of this title.

(4)

Section 8433(b) of this title applies with respect to elections available to any justice or judge who retires under section 371(a) or (b) or section 372(a) of title 28. Retirement under section 371(a) or (b) or section 372(a) of title 28 is a separation from service for the purposes of subchapters III and VII of chapter 84 of this title.

(5)

Section 8433(b) of this title applies to any justice or judge who resigns without having met the age and service requirements set forth in section 371(c) of title 28.

(6)

The provisions of section 8351(b)(5) of this title shall govern the rights of spouses of justices or judges contributing to the Thrift Savings Fund under this section.

(7)

Notwithstanding paragraphs (4) and (5), if any justice or judge retires under subsection (a) or (b) of section 371 or section 372(a) of title 28, or resigns without having met the age and service requirements set forth under section 371(c) of title 28, and such justice’s or judge’s nonforfeitable account balance is less than an amount that the Executive Director prescribes by regulation, the Executive Director shall pay the nonforfeitable account balance to the participant in a single payment.

Source credit: (Added Pub. L. 100–654, title IV, § 401(a), Nov. 14, 1988, 102 Stat. 3847; amended Pub. L. 101–335, §§ 3(b)(2), 6(b)(2), July 17, 1990, 104 Stat. 320, 323; Pub. L. 102–378, § 2(70), Oct. 2, 1992, 106 Stat. 1355; Pub. L. 103–226, § 9(e), (i)(17), Mar. 30, 1994, 108 Stat. 120, 122; Pub. L. 104–208, div. A, title I, § 101(f) [title VI, § 659 [title II, § 205(a)]], Sept. 30, 1996, 110 Stat. 3009–314, 3009–372, 3009–377; Pub. L. 106–361, § 2(b)(6), Oct. 27, 2000, 114 Stat. 1401; Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 138(a)(2)], Dec. 21, 2000, 114 Stat. 2763, 2763A–233; Pub. L. 108–469, § 1(d)(4), Dec. 21, 2004, 118 Stat. 3892.)

history & why it existsrecord from the source credit
  • 1988Enacted · Pub. L. 100-654 · 102 Stat. 3847
  • 1990Amended · Pub. L. 101-335 · 104 Stat. 320, 323
  • 1992Amended · Pub. L. 102-378 · 106 Stat. 1355
  • 1994Amended · Pub. L. 103-226 · 108 Stat. 120, 122
  • 1996Amended · Pub. L. 104-208 · 110 Stat. 3009
  • 2000Amended · Pub. L. 106-361 · 114 Stat. 1401
  • 2000Amended · Pub. L. 106-554 · 114 Stat. 2763, 2763
  • 2004Amended · Pub. L. 108-469 · 118 Stat. 3892

A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-654 on 1988-11-14.

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