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B-131119 1 (1976-04-06)

handle is hein.gao/gaobaddqf0001 and id is 1 raw text is: DECISION FILE: ' THE CONPTROLLER GENERAL . .OF THE UNITED STATES WASHINGTON, D. C. 20548 t ,NY T E DATE: APR B- 131119 G 1976 MATTER OF: Judge Guthrie F. Crowe - United States District Court for the Canal Zone - Judicial Survivors' DIGEST: Annuity System 1. In order to be covered under Judicial Survivors' Annuity System, a Fe'deral judge must make a written election pursuant to 28 U. S. C. S 376(a). Where judge of the United States District Court for the Canal Zone did not elect coverage within 6 months after taking office or becoming married, as required by the statute, he is precluded from doing so now. 2. Judge of the United States District Court for the Canal Zone could have elected in 1962 to be covered by the Judicial Survivors' Annuity System under 28 U. S.C. S 376. His survivors' rights would have vested upon his completing 10 years of judicial service, even if he had. not been re- appointed thereafter. The refund provisions of 28 U. S. C. S 376(f) only apply to a territorial judge when he is removed or fails of reappoint- ment after less than 10 years of judicial service. The Director, Administrative Office of the United States Courts, has requested a decision concerning certain provisions of the Judi- cial Survivors' Annuity System (JSAS) with respect to the Honorable Guthrie F. Crowe, United States District Court Judge in. the Canal Zone. Judge Crowe initially took office on August 4, 1952. He was appointed by the President, with the advice and consent of the Senate for an 8-year term. 3 CZC § 5 (1963). He has served continuously since then, having been reappointed on August 21, 1961, and he now has an aggregate total of over 23 years of service. He is presently serving without appointment pursuant to 3 CZC § 5a (1963). In 1957, Judge Crowe elected to come under the Civil Service Retirement Act. Although the Judicial Survivors' Annuity System was enacted into law on August 3, 1956, there is no evidence that Judge Crowe was aware at that time of that option for providing a survivor's annuity to his wife. After he was reappointed in August 1961, Judge Crowe learned that he had a right to elect coverage under the Judicial Survivors' clcH0

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