H.R.3134 - For the relief of Mrs. Joan R. Daronco.101st Congress (1989-1990)
|Sponsor:||Rep. Fish, Hamilton, Jr. [R-NY-21] (Introduced 08/03/1989) (Private Legislation)|
|Committees:||House - Judiciary | Senate - Judiciary|
|Committee Reports:||H.Rept 101-715|
|Latest Action:||11/17/1990 Pocket Vetoed by President. (All Actions)|
This bill has the status Pocket vetoed by President
Here are the steps for Status of Legislation:
- Passed House
- Passed Senate
- Resolving Differences
- To President
- Pocket vetoed by President
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.