§ 11-1568 — Survivor annuity; entitlement; computation.

(a) The service of a judge for the purpose of any provision of this subchapter which refers to this subsection includes the judge’s judicial service (and retired service for which deductions are made) and, subject to section 8334(d) of title 5, United States Code, the judge’s military and civilian service which is creditable under section 8332 of that title.

(b) Nothing in this subchapter shall prevent a widow or widower eligible therefor from simultaneously receiving a survivor annuity under this subchapter and any other annuity (survivor or otherwise) or retired pay to which he or she would otherwise be entitled under any other law without regard to this subchapter. However, in computing the survivor annuity of that widow or widower under this subchapter, service used in the computation of such other annuity shall not be credited.

(c) If a judge who has elected a survivor annuity dies in regular active service or after having retired from such service with at least five years of allowable service under this section for which payments have been withheld or deposits made, the survivor annuity shall be paid as follows:

(1) If the judge is survived by a widow or widower but no child, the widow or widower shall receive, beginning on the day after the judge dies, an amount computed as provided in subsection (e).

(2) If the judge is survived by a widow or widower and one or more children —

(A) the widow or widower shall receive an immediate annuity in the amount computed as provided in subsection (e); and

(B) there also shall be paid to or on behalf of each such child an immediate annuity equal to one-half the amount of the annuity of such widow or widower, but not to exceed the lesser of (i) $8,424 per year divided by the number of such children or (ii) $2,808 per child per year.

(3) If the judge leaves no surviving widow or widower but leaves a surviving child or children, there shall be paid to or on behalf of each such child an immediate annuity equal to the amount of the annuity to which the widow or widower would have been entitled under paragraph (1) of this subsection had he or she survived, but not to exceed the lesser of (A) $10,110 per year divided by the number of such children or (B) $3,370 per child per year.

(d) Questions of disability or other eligibility requirements of a child under this section shall be determined by the Secretary of the Treasury who may order such medical or other examinations at any time as the Secretary of the Treasury deems necessary with respect to determining the facts concerning the disability of a child receiving or applying for an annuity under this subchapter. An annuity may be denied or suspended for failure to submit to examination.

(e) The annuity of a widow or widower of a judge or retired judge who elected a survivor annuity shall be equal to —

(1) in the case of a judge who dies while in active regular service as a judge, the greater of —

(A) 55 percent of the retirement salary the judge would have been entitled to receive (as computed under section 11-1564) if the judge had retired on the day before the date of death (without regard to the age requirements prescribed in section 11-1562(b)), or

(B) 55 percent of the retirement salary the judge would have been entitled to receive (as computed under section 11-1564) if the judge had retired on the day before the date of death with 15 years of service for the purposes of this subchapter (without regard to the age requirements prescribed in section 11-1562(b)); and

(2) In the case of a retired judge, 55 percent of the retirement salary payable to such judge on the day before the date of the judge’s death.

Legislative History

July 29, 1970, 84 Stat. 504, Pub. L. 91-358, title I, § 111; June 6, 1986, 100 Stat. 514, Pub. L. 99-335, § 601(a)(2); June 13, 1994, Pub. L. 103-266, §§ 1(b)(74)-(76), 108 Stat. 713; Oct. 21, 1998, 112 Stat. 2422, Pub. L. 105-274, § 2(e)(1); Oct. 21, 1998, 112 Stat. 2681-537, Pub. L. 105-277,§ 804(e)(1)