Text: H.R.3134 — 101st Congress (1989-1990)All Information (Except Text)

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--H.R.3134--
H.R.3134
One Hundred First Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday, the twenty-third day
of January,
one thousand nine hundred and ninety
An Act
For the relief of Mrs. Joan R. Daronco.
 Be it enacted by he Senate and House of Representatives of the United States
 of America in Congress assembled,
SECTION 1. CREDITABLE CIVILIAN SERVICE.
 (a) TIME OF CREDITABLE CIVILIAN SERVICE- For the purposes of the entitlement
 of Joan Daronco, the widow of Judge Richard Daronco (a deceased judge of
 the United States District Court for the Southern District of New York),
 to benefits under section 376 of title 28, United States Code, Richard
 Daronco shall be deemed--
 (1) to have completed eighteen months of creditable civilian service as a
 judicial official prior to his death on May 21, 1988, in addition to any
 other creditable civilian service, computed in accordance with subsection
 (k) of that section, he may have had;
 (2) to have actually made the salary deductions as provided by subsection
 (b) of that section for those eighteen months; and
 (3) to have received the salary paid to Federal district court judges for
 the eighteen month period ending on the date of his death.
 (b) EFFECTIVE DATE- Subject to section 6, this section shall be effective
 as of May 21, 1988.
SEC. 2. LUMP SUM PAYMENT.
 (a) APPROPRIATION OF LUMP SUM PAYMENT- Subject to section 4, the Secretary of
 the Treasury shall pay to Joan Daronco, out of any money in the Treasury not
 otherwise appropriated, an amount equal to the amount determined pursuant to
 paragraph (1) of section 3 less the amount determined pursuant to paragraph
 (2) of section 3. If the amount determined pursuant to this subsection
 is less than zero, the Secretary shall withhold any monthly annuity Joan
 Daronco may be entitled to under this Act until such deficit is eliminated.
 (b) PAYMENT INTO FUND- The Secretary of the Treasury shall pay into the
 Judicial Survivors' Annuity Fund, out of any money in the Treasury not
 otherwise appropriated, an amount equal to the amount determined pursuant
 to paragraph (2) of section 3.
 (c) LIMITATION OF ATTORNEYS' AND AGENTS' FEES- It shall be unlawful for
 an amount of more than 10 per centum of the amount determined pursuant to
 paragraph (1) of section 3 to be paid to or received by any attorney or
 agent for any service rendered in connection with the benefits provided
 by this Act. Any individual who is found guilty of a violation of this
 subsection shall be fined not more than $1,000.
SEC. 3. DETERMINATION OF AMOUNT OF PAYMENT.
 The Director of the Administrative Office of the United States Courts shall
 determine each of the following:
 (1) AMOUNT OF ANNUITIES- The amount equal to the total amount of annuities
 Joan Daronco would have received under section 1(a) for the period beginning
 on the effective date of section 1 and ending on the last day of the month
 which follows the month which this Act takes effect.
 (2) AMOUNT OF SALARY DEDUCTIONS- The amount equal to the sum of--
 (A) the total of salary deductions, as provided by section 376(b) of title
 28, United States Code, that would have been deducted and withheld from
 the salary Judge Richard Daronco is deemed to have received under section
 1(a)(3) had such deductions and withholdings been made for eighteen months
 prior to his death on May 21, 1988; and
 (B) the amount of interest, computed at 3 per centum per annum compounded
 on December 31 of each year, that would accrue on the amount determined
 pursuant to subparagraph (A) of this paragraph.
SEC. 4. APPLICATION FOR ANNUITIES.
 The lump sum payment, and any annuity, Joan Daronco is entitled to be paid
 pursuant to section 2(a) shall be paid only if she files an application
 for such payment to the Director of the Administrative Office within one
 year after the date of enactment of this Act.
SEC. 5. OTHER BENEFITS.
 Benefits under this Act shall be paid notwithstanding Joan Daronco's
 eligibility or receipt of other Federal, State, or local benefits.
SEC. 6. EFFECTIVE DATE.
 This Act shall be effective on the date the application referred to in
 section 4 is filed.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.