{"identifier":"/us/usc/t5/s8440b","title":5,"num":"\u00a7\u202f8440b.","heading":"Bankruptcy judges and magistrate judges","text":"\u00a7\u202f8440b.\nBankruptcy judges and magistrate judges\n(a)\n(1) A bankruptcy judge or magistrate judge who is covered by\nsection 377 of title 28\n(2) An election may be made under paragraph (1) as provided under section 8432(b) for individuals subject to this chapter.\n(b)\n(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.\n(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\u2019s or magistrate judge\u2019s basic pay for such pay period allowable under section 8440f.\n(3) No contributions shall be made under\nsection 8432(c) of this title\n(4)\n(A) Section 8433(b) of this title\nsection 377 of title 28\n(B) Section 8433(b) of this title\nsection 377 of title 28\n(C) Section 8433(b) of this title\nsection 377 of title 28\n(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.\n(6) For purposes of this section, the terms \u201cretirement\u201d and \u201cretire\u201d include removal from office under\nsection 377(d) of title 28\n(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\nsection 377 of title 28\n(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\u2019s or magistrate judge\u2019s 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.","url":"https://projectusc.org/usc/t5/s8440b.html","content":[{"t":"sec","id":"/us/usc/t5/s8440b","children":[{"t":"num","text":"\u00a7\u202f8440b."},{"t":"heading","text":"Bankruptcy judges and magistrate judges"},{"t":"subsec","id":"/us/usc/t5/s8440b/a","children":[{"t":"num","text":"(a)"},{"t":"para","id":"/us/usc/t5/s8440b/a/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" A bankruptcy judge or magistrate judge who is covered by ","children":[{"t":"ref","text":"section 377 of title 28","href":"/us/usc/t28/s377","tail":" or section 2(c) of the Retirement and Survivors\u2019 Annuities for Bankruptcy Judges and Magistrates Act of 1988 may elect to contribute an amount of such individual\u2019s basic pay to the Thrift Savings Fund."}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t5/s8440b/a/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" An election may be made under paragraph (1) as provided under section 8432(b) for individuals subject to this chapter.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t5/s8440b/b","children":[{"t":"num","text":"(b)"},{"t":"para","id":"/us/usc/t5/s8440b/b/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" 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.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t5/s8440b/b/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" The amount contributed by a bankruptcy judge or magistrate judge for any pay period shall not exceed the maximum percentage of such bankruptcy judge\u2019s or magistrate judge\u2019s basic pay for such pay period allowable under section 8440f.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t5/s8440b/b/3","children":[{"t":"num","text":"(3)"},{"t":"content","text":" No contributions shall be made under ","children":[{"t":"ref","text":"section 8432(c) of this title","href":"/us/usc/t5/s8432/c","tail":" for the benefit of a bankruptcy judge or magistrate judge making contributions under subsection (a) of this section."}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t5/s8440b/b/4","children":[{"t":"num","text":"(4)"},{"t":"subpara","id":"/us/usc/t5/s8440b/b/4/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" ","children":[{"t":"ref","text":"Section 8433(b) of this title","href":"/us/usc/t5/s8433/b","tail":" 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 "},{"t":"ref","text":"section 377 of title 28","href":"/us/usc/t28/s377","tail":" (including a disability annuity under subsection (d) of such section) or section 2(c) of the Retirement and Survivors\u2019 Annuities for Bankruptcy Judges and Magistrates Act of 1988."}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t5/s8440b/b/4/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" ","children":[{"t":"ref","text":"Section 8433(b) of this title","href":"/us/usc/t5/s8433/b","tail":" 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 "},{"t":"ref","text":"section 377 of title 28","href":"/us/usc/t28/s377","tail":" or section 2(c) of the Retirement and Survivors Annuities for Bankruptcy Judges and Magistrates Act of 1988."}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t5/s8440b/b/4/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" ","children":[{"t":"ref","text":"Section 8433(b) of this title","href":"/us/usc/t5/s8433/b","tail":" 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 "},{"t":"ref","text":"section 377 of title 28","href":"/us/usc/t28/s377","tail":" or section 2(c) of the Retirement and Survivors\u2019 Annuities for Bankruptcy Judges and Magistrates Act of 1988."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t5/s8440b/b/5","children":[{"t":"num","text":"(5)"},{"t":"content","text":" 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.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t5/s8440b/b/6","children":[{"t":"num","text":"(6)"},{"t":"content","text":" For purposes of this section, the terms \u201cretirement\u201d and \u201cretire\u201d include removal from office under ","children":[{"t":"ref","text":"section 377(d) of title 28","href":"/us/usc/t28/s377/d","tail":" on the sole ground of mental or physical disability."}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t5/s8440b/b/7","children":[{"t":"num","text":"(7)"},{"t":"content","text":" 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 ","children":[{"t":"ref","text":"section 377 of title 28","href":"/us/usc/t28/s377","tail":", that annuity shall be offset by an amount equal to the amount of the distribution which represents the Government\u2019s contribution to that person\u2019s 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."}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t5/s8440b/b/8","children":[{"t":"num","text":"(8)"},{"t":"content","text":" 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\u2019s or magistrate judge\u2019s 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}