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28 U.S.C. § 371Retirement on salary; retirement in senior status

submitted 78 years ago by ch. 646 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 1,033 words · no verdicts yet

in plain englishAI-generated · not legal advice

A judge can fully retire on an annuity once old enough and experienced enough. Or the judge can keep the office in 'senior status' and stay on salary. To keep that salary, a senior judge must be certified each year for doing enough judicial work.

(a) A justice or judge appointed to serve during good behavior (that is, for life, unless removed) can retire completely once they meet the age-and-service requirements in (c). After retiring, they receive an annuity for the rest of their life equal to the salary they were making when they retired. (b) (1) Instead of fully retiring, a justice or judge meeting the same age-and-service requirements can keep their office but step back from regular active service — this is called "senior status." They keep receiving their full salary for the rest of their life, as long as they meet the yearly certification requirement in (e). (2) If a judge in senior status doesn't meet that certification requirement in a given year, they instead keep receiving whatever salary they were last getting while in active service (or under their last valid certification), adjusted under section 461. (c) The age-and-service combinations that qualify a justice or judge to retire under this section are: age 65 with 15 years of service, 66 with 14, 67 with 13, 68 with 12, 69 with 11, or 70 with 10. (d) When a justice or judge retires under this section, the President must appoint — with the Senate's approval — a successor. (e) (1) To keep receiving full salary while in senior status under (b), a justice must be certified each calendar year by the Chief Justice (or a judge by their circuit's chief judge) as meeting at least one of these standards: (A) they handled at least as much courtroom work in the past year as an average active judge would do in three months (appellate and trial work are counted separately for judges who sit on both, then added together); (B) they did substantial judicial work not involving the courtroom — like helping settle cases, deciding motions, writing opinions in cases argued only on paper, or handling administrative duties — equal to at least three months of an average active judge's work, with a certification describing that work in detail; (C) their combined courtroom and non-courtroom work under (A) and (B) together adds up to at least three months' worth; (D) they did substantial administrative work directly tied to running the courts, or substantial work for a federal or state government body, equal to a full-time judicial-branch employee's job (part-year work here can be combined at half value with work under (A), (B), or (C)); or (E) a temporary or permanent disability kept them from doing enough judicial or administrative work to meet (A) through (D) — certified in writing to the Chief Justice or chief judge; once certified as permanently disabled, they're treated as meeting this requirement every year after. (2) The Judicial Conference of the United States sets the rules for measuring the work described in (A) through (D), taking into account its existing standards for giving senior judges space and staff. (3) If a justice or judge doesn't get certified for a given year (other than under the disability rule in (E)), they can still get credited for that year later by doing enough extra qualifying work in a later year and attributing part of it back to the earlier year — but no work can be counted toward certification for more than one year. (4) For a justice or judge who retires under (b) partway through a calendar year, all the qualifying work they did that year before retiring counts toward that year's certification.
the actual law source: uscode.house.gov ↗public domain
(a)

Any justice or judge of the United States appointed to hold office during good behavior may retire from the office after attaining the age and meeting the service requirements, whether continuous or otherwise, of subsection (c) and shall, during the remainder of his lifetime, receive an annuity equal to the salary he was receiving at the time he retired.

(b)
(1)

Any justice or judge of the United States appointed to hold office during good behavior may retain the office but retire from regular active service after attaining the age and meeting the service requirements, whether continuous or otherwise, of subsection (c) of this section and shall, during the remainder of his or her lifetime, continue to receive the salary of the office if he or she meets the requirements of subsection (e).

(2)

In a case in which a justice or judge who retires under paragraph (1) does not meet the requirements of subsection (e), the justice or judge shall continue to receive the salary that he or she was receiving when he or she was last in active service or, if a certification under subsection (e) was made for such justice or judge, when such a certification was last in effect. The salary of such justice or judge shall be adjusted under section 461 of this title.

(c)

The age and service requirements for retirement under this section are as follows:

Attained age:

Years of service:

65

15

66

14

67

13

68

12

69

11

70

10

(d)

The President shall appoint, by and with the advice and consent of the Senate, a successor to a justice or judge who retires under this section.

(e)
(1)

In order to continue receiving the salary of the office under subsection (b), a justice must be certified in each calendar year by the Chief Justice, and a judge must be certified by the chief judge of the circuit in which the judge sits, as having met the requirements set forth in at least one of the following subparagraphs:

(A)

The justice or judge must have carried in the preceding calendar year a caseload involving courtroom participation which is equal to or greater than the amount of work involving courtroom participation which an average judge in active service would perform in three months. In the instance of a justice or judge who has sat on both district courts and courts of appeals, the caseload of appellate work and trial work shall be determined separately and the results of those determinations added together for purposes of this paragraph.

(B)

The justice or judge performed in the preceding calendar year substantial judicial duties not involving courtroom participation under subparagraph (A), including settlement efforts, motion decisions, writing opinions in cases that have not been orally argued, and administrative duties for the court to which the justice or judge is assigned. Any certification under this subparagraph shall include a statement describing in detail the nature and amount of work and certifying that the work done is equal to or greater than the work described in this subparagraph which an average judge in active service would perform in three months.

(C)

The justice or judge has, in the preceding calendar year, performed work described in subparagraphs (A) and (B) in an amount which, when calculated in accordance with such subparagraphs, in the aggregate equals at least 3 months work.

(D)

The justice or judge has, in the preceding calendar year, performed substantial administrative duties directly related to the operation of the courts, or has performed substantial duties for a Federal or State governmental entity. A certification under this subparagraph shall specify that the work done is equal to the full-time work of an employee of the judicial branch. In any year in which a justice or judge performs work described under this subparagraph for less than the full year, one-half of such work may be aggregated with work described under subparagraph (A), (B), or (C) of this paragraph for the purpose of the justice or judge satisfying the requirements of such subparagraph.

(E)

The justice or judge was unable in the preceding calendar year to perform judicial or administrative work to the extent required by any of subparagraphs (A) through (D) because of a temporary or permanent disability. A certification under this subparagraph shall be made to a justice who certifies in writing his or her disability to the Chief Justice, and to a judge who certifies in writing his or her disability to the chief judge of the circuit in which the judge sits. A justice or judge who is certified under this subparagraph as having a permanent disability shall be deemed to have met the requirements of this subsection for each calendar year thereafter.

(2)

Determinations of work performed under subparagraphs (A), (B), (C), and (D) of paragraph (1) shall be made pursuant to rules promulgated by the Judicial Conference of the United States. In promulgating such criteria, the Judicial Conference shall take into account existing standards promulgated by the Conference for allocation of space and staff for senior judges.

(3)

If in any year a justice or judge who retires under subsection (b) does not receive a certification under this subsection (except as provided in paragraph (1)(E)), he or she may thereafter receive a certification for that year by satisfying the requirements of subparagraph (A), (B), (C), or (D) of paragraph (1) of this subsection in a subsequent year and attributing a sufficient part of the work performed in such subsequent year to the earlier year so that the work so attributed, when added to the work performed during such earlier year, satisfies the requirements for certification for that year. However, a justice or judge may not receive credit for the same work for purposes of certification for more than 1 year.

(4)

In the case of any justice or judge who retires under subsection (b) during a calendar year, there shall be included in the determination under this subsection of work performed during that calendar year all work performed by that justice or judge (as described in subparagraphs (A), (B), (C), and (D) of paragraph (1)) during that calendar year before such retirement.

Source credit: (June 25, 1948, ch. 646, 62 Stat. 903; Oct. 31, 1951, ch. 655, § 39, 65 Stat. 724; Feb. 10, 1954, ch. 6, § 4(a), 68 Stat. 12; Pub. L. 98–353, title II, § 204(a), July 10, 1984, 98 Stat. 350; Pub. L. 100–702, title X, § 1005(a), Nov. 19, 1988, 102 Stat. 4666; Pub. L. 101–194, title VII, § 705(a), Nov. 30, 1989, 103 Stat. 1770; Pub. L. 104–317, title III, § 301, Oct. 19, 1996, 110 Stat. 3851; Pub. L. 106–398, § 1 [[div. A], title VI, § 654(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–165; Pub. L. 106–518, title III, § 303, Nov. 13, 2000, 114 Stat. 2417.)

history & why it existsrecord from the source credit
  • 1948Enacted · Act of June 25, 1948, ch. 646 · 62 Stat. 903
  • 1951Amended · Act of Oct. 31, 1951, ch. 655 · 65 Stat. 724
  • 1954Amended · Act of Feb. 10, 1954, ch. 6 · 68 Stat. 12
  • 1984Amended · Pub. L. 98-353 · 98 Stat. 350
  • 1988Amended · Pub. L. 100-702 · 102 Stat. 4666
  • 1989Amended · Pub. L. 101-194 · 103 Stat. 1770
  • 1996Amended · Pub. L. 104-317 · 110 Stat. 3851
  • 2000Amended · Pub. L. 106-398 · 114 Stat. 1654, 1654
  • 2000Amended · Pub. L. 106-518 · 114 Stat. 2417

A history note hasn’t been published yet. The record shows enactment by ch. 646 on 1948-06-25.

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