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5 U.S.C. § 8440b — Bankruptcy judges and magistrate judges

Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 8440b — Bankruptcy judges and magistrate judges

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Source file: Laws/federal/codes/united-states-code/title-5/section-8440b-bankruptcy-judges-and-magistrate-judges--702d448b9f.md
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Source location: Title 5, Chapter 84, § 8440b; chapter-084-federal-employees-retirement-system.md

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**(a)** (1) A bankruptcy judge or magistrate judge who is covered by [section 377 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section377&num=0&edition=prelim) or section 2(c) of the Retirement and Survivors’ Annuities for Bankruptcy Judges and Magistrates Act of 1988 may elect to contribute an amount of such individual’s basic pay to the Thrift Savings Fund. (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 bankruptcy judges and magistrate judges who make contributions to the Thrift Savings Fund under subsection (a) of this section. (2) The amount contributed by a bankruptcy judge or magistrate judge for any pay period shall not exceed the maximum percentage of such bankruptcy judge’s or magistrate judge’s basic pay for such pay period allowable under section 8440f. (3) No contributions shall be made under [section 8432(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8432/c&num=0&edition=prelim) for the benefit of a bankruptcy judge or magistrate judge making contributions under subsection (a) of this section. (4) (A) [Section 8433(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8433/b&num=0&edition=prelim) applies to a bankruptcy judge or magistrate judge who elects to make contributions to the Thrift Savings Fund under subsection (a) of this section and who retires entitled to an immediate annuity under [section 377 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section377&num=0&edition=prelim) (including a disability annuity under subsection (d) of such section) or section 2(c) of the Retirement and Survivors’ Annuities for Bankruptcy Judges and Magistrates Act of 1988. (B) [Section 8433(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8433/b&num=0&edition=prelim) applies to any bankruptcy judge or magistrate judge who elects to make contributions to the Thrift Savings Fund under subsection (a) of this section and who retires before attaining age 65 but is entitled, upon attaining age 65, to an annuity under [section 377 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section377&num=0&edition=prelim) or section 2(c) of the Retirement and Survivors Annuities for Bankruptcy Judges and Magistrates Act of 1988. (C) [Section 8433(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8433/b&num=0&edition=prelim) applies to any bankruptcy judge or magistrate judge who elects to make contributions to the Thrift Savings Fund under subsection (a) of this section and who retires before becoming entitled to an immediate annuity, or an annuity upon attaining age 65, under [section 377 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section377&num=0&edition=prelim) or section 2(c) of the Retirement and Survivors’ Annuities for Bankruptcy Judges and Magistrates Act of 1988. (5) With respect to bankruptcy judges and magistrate judges to whom this section applies, any of the actions described under paragraph (4)(A), (B), or (C) shall be considered a separation from service for purposes of this subchapter and subchapter VII. (6) For purposes of this section, the terms “retirement” and “retire” include removal from office under [section 377(d) of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section377/d&num=0&edition=prelim) on the sole ground of mental or physical disability. (7) In the case of a bankruptcy judge or magistrate judge who receives a distribution from the Thrift Savings Plan and who later receives an annuity under [section 377 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section377&num=0&edition=prelim), that annuity shall be offset by an amount equal to the amount of the distribution which represents the Government’s contribution to that person’s Thrift Savings Account, without regard to earnings attributable to that amount. Where such an offset would exceed 50 percent of the annuity to be received in the first year, the offset may be divided equally over the first 2 years in which that person receives the annuity. (8) Notwithstanding paragraph (4), if any bankruptcy judge or magistrate judge retires under circumstances making such bankruptcy judge or magistrate judge eligible to make an election under subsection (b) of section 8433, and such bankruptcy judge’s or magistrate 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.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 8440c — Court of Federal Claims judges

**(a)** (1) A judge of the United States Court of Federal Claims who is covered by [section 178 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section178&num=0&edition=prelim) may elect to contribute an amount of such individual’s basic pay to the Thrift Savings Fund. (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 Court of Federal Claims judges who make contributions to the Thrift Savings Fund under subsection (a) of this section. (2) The amount contributed by a Court of Federal Claims judge for any pay period shall not exceed the maximum percentage of such judge’s basic pay for such pay period allowable under section 8440f. (3) No contributions shall be made under [section 8432(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8432/c&num=0&edition=prelim) for the benefit of a Court of Federal Claims judge making contributions under subsection (a) of this section. (4) (A) [Section 8433(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8433/b&num=0&edition=prelim) applies to a Court of Federal Claims judge who elects to make contributions to the Thrift Savings Fund under subsection (a) of this section and who retires entitled to an annuity under [section 178 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section178&num=0&edition=prelim) (including a disability annuity under subsection (c) of such section). (B) [Section 8433(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8440c

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 631 — Appointment and tenure

**(a)** The judges of each United States district court and the district courts of the Virgin Islands, Guam, and the Northern Mariana Islands shall appoint United States magistrate judges in such numbers and to serve at such locations within the judicial districts as the Judicial Conference may determine under this chapter. In the case of a magistrate judge appointed by the district court of the Virgin Islands, Guam, or the Northern Mariana Islands, this chapter shall apply as though the court appointing such a magistrate judge were a United States district court. Where there is more than one judge of a district court, the appointment, whether an original appointment or a reappointment, shall be by the concurrence of a majority of all the judges of such district court, and when there is no such concurrence, then by the chief judge. Where the conference deems it desirable, a magistrate judge may be designated to serve in one or more districts adjoining the district for which he is appointed. Such a designation shall be made by the concurrence of a majority of the judges of each of the district courts involved and shall specify the duties to be performed by the magistrate judge in the adjoining district or districts. **(b)** No individual may be appointed or reappointed to serve as a magistrate judge under this chapter unless: (1) He has been for at least five years a member in good standing of the bar of the highest court of a State, the District of Columbia, the Commonwealth of Puerto Rico, the Territory of Guam, the Commonwealth of the Northern Mariana Islands, or the Virgin Islands of the United States, except that an individual who does not meet the bar membership requirements of this paragraph may be appointed and serve as a part-time magistrate judge if the appo

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Federal law — U.S. Code and appendices · legal_authorities

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

**(a)** (1) A justice or judge of the United States as defined by [section 451 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section451&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section372/a&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8432/c&num=0&edition=prelim). (4) [Section 8433(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8433/b&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section372/a&num=0&edition=prelim). Retirement under section 371(a) or (b) or [section 372(a) of title 28](https://uscode.house.g

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8440a

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5545a — Availability pay for criminal investigators

**(a)** For purposes of this section— (1) the term “available” refers to the availability of a criminal investigator and means that an investigator shall be considered generally and reasonably accessible by the agency employing such investigator to perform unscheduled duty based on the needs of an agency; (2) the term “criminal investigator” means a law enforcement officer as defined under section 5541(3) (other than an officer occupying a position under title II of Public Law 99–399, subject to subsection (k)) who is required to— (A) possess a knowledge of investigative techniques, laws of evidence, rules of criminal procedure, and precedent court decisions concerning admissibility of evidence, constitutional rights, search and seizure, and related issues; (B) recognize, develop, and present evidence that reconstructs events, sequences and time elements for presentation in various legal hearings and court proceedings; (C) demonstrate skills in applying surveillance techniques, undercover work, and advising and assisting the United States Attorney in and out of court; (D) demonstrate the ability to apply the full range of knowledge, skills, and abilities necessary for cases which are complex and unfold over a long period of time (as distinguished from certain other occupations that require the use of some investigative techniques in short-term situations that may end in arrest or detention); (E) possess knowledge of criminal laws and Federal rules of procedure which apply to cases involving crimes against the United States, including— (i) knowledge of the elements of a crime; (ii) evidence required to prove the crime; (iii) decisions involving arrest authority; (iv) methods of criminal operations; and (v) availability of detecti

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 8351 — Participation in the Thrift Savings Plan

**(a)** (1) An employee or Member may elect to contribute to the Thrift Savings Fund established by [section 8437 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8437&num=0&edition=prelim). (2) An election may be made under paragraph (1) as provided under section 8432(b) for individuals who are subject to chapter 84 of this title. **(b)** (1) Except as otherwise provided in this subsection, the provisions of subchapters III and VII of chapter 84 of this title shall apply with respect to employees and Members making contributions to the Thrift Savings Fund under subsection (a) of this section. (2) (A) An employee or Member may contribute to the Thrift Savings Fund in any pay period any amount not exceeding the maximum percentage of such employee’s or Member’s basic pay for such pay period allowable under subparagraph (B). (B) The maximum percentage allowable under this subparagraph shall be determined in accordance with the following table: In the case of a pay period beginning in fiscal year:The maximum percentageallowable is: 20016 20027 20038 20049 200510 2006 or thereafter100. (C) Notwithstanding any limitation under this paragraph, an eligible participant (as defined by section 414(v) of the Internal Revenue Code of 1986) may make such additional contributions to the Thrift Savings Fund as are permitted by such section 414(v) and regulations of the Executive Director consistent therewith. (3) No contributions may be made by an employing agency for the benefit of an employee or Member under [section 8432(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8432/c&num=0&edition=prelim). (4) [Section 8433(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 377 — Retirement of bankruptcy judges and magistrate judges

**(a) Retirement Based on Years of Service.—** A bankruptcy judge or magistrate judge to whom this section applies and who retires from office after attaining the age of 65 years and serving at least 14 years, whether continuously or otherwise, as such bankruptcy judge or magistrate judge shall, subject to subsection (f), be entitled to receive, during the remainder of the judge’s or magistrate judge’s lifetime, an annuity equal to the salary being received at the time the judge or magistrate judge leaves office. **(b) Retirement Upon Failure of Reappointment.—** A bankruptcy judge or magistrate judge to whom this section applies, who is not reappointed following the expiration of the term of office of such judge or magistrate judge, and who retires upon the completion of the term shall, subject to subsection (f), be entitled to receive, upon attaining the age of 65 years and during the remainder of such bankruptcy judge’s or magistrate judge’s lifetime, an annuity equal to that portion of the salary being received at the time the judge or magistrate judge leaves office which the aggregate number of years of service, not to exceed 14, bears to 14, if— (1) such judge or magistrate judge has served at least 1 full term as a bankruptcy judge or magistrate judge, and (2) not earlier than 9 months before the date on which the term of office of such judge or magistrate judge expires, and not later than 6 months before such date, such judge or magistrate judge notified the appointing authority in writing that such judge or magistrate judge was willing to accept reappointment to the position in which such judge or magistrate judge was serving. For purposes of this subsection, in the case of a bankruptcy judge, the written notice required by paragraph (2) shall be given to th

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28 U.S.C. § 1 — Number of justices; quorum

The Supreme Court of the United States shall consist of a Chief Justice of the United States and eight associate justices, any six of whom shall constitute a quorum.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 8440b — Untitled legal text

Page 1167 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8440b 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.) Editorial Notes CODIFICATION Another section 8440a was renumbered section 8440b of this title. AMENDMENTS 2004—Subsec. (a)(2). Pub. L. 108–469 substituted ‘‘as’’ for ‘‘only during a period’’. 2000—Subsec. (a)(2). Pub. L. 106–361 substituted ‘‘this chapter’’ for ‘‘chapter 84 of this title: Provided, however, That a justice or judge may make the first such elec- tion within 60 days of the effective date of this sec- tion’’. Subsec. (b)(2). Pub. L. 106–554 amended par. (2) gen- erally. Prior to amendment, par. (2) read as follows: ‘‘The amount contributed by a justice or judge shall not exceed 5 percent of basic pay.’’ 1996—Subsec. (b)(7). Pub. L. 104–208 substituted ‘‘less than an amount that the Executive Director prescribes by regulation’’ for ‘‘$3,500 or less’’ and struck out ‘‘un- less the justice or judge elects, at such time and other- wise in such manner as the Executive Director pre- scribes, one of the options available under section 8433(b)’’ before period at end. 1994—Subsec. (b)(5). Pub. L. 103–226, § 9(e)(1), sub- stituted ‘‘Section 8433(b)’’ for ‘‘Section 8433(d)’’. Subsec. (b)(6). Pub. L. 103–226, § 9(i)(17), substituted ‘‘section 8351(b)(5)’’ for ‘‘section 8351(b)(7)’’. Subsec. (b)(7), (8). Pub. L. 103–226, § 9(e)(2), added par. (7) and struck out former pars. (7) and (8) which read as follows: ‘‘(7) Notwithstanding paragraph (5), if any justice or judge who elects to make contributions to the Thrift Savings Fund under subsection (a) resigns without hav- ing

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