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28 U.S.C. § 373Judges in territories and possessions

submitted 78 years ago by ch. 646 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 728 words · no verdicts yet

in plain englishAI-generated · not legal advice

Judges of the federal district courts in Guam, the Northern Mariana Islands, and the Virgin Islands can retire with a full-salary annuity once they hit set age-and-service combinations. Retired judges may become recallable senior judges under set conditions, disabled or non-reappointed judges get a scaled annuity, and annuities get yearly cost-of-living increases up to a cap.

(a) A judge of the District Court of Guam, the District Court of the Northern Mariana Islands, or the District Court of the Virgin Islands who retires after meeting the age and service rules in (b) receives, for the rest of their life, an annuity equal to the salary they were earning when they retired. (b) The age and service combinations that qualify for retirement under (a) are: age 65 with 15 years of service, age 66 with 14 years, age 67 with 13 years, age 68 with 12 years, age 69 with 11 years, or age 70 with 10 years. (c) (1) A judge or former judge getting this annuity may choose to become a "senior judge" of the court they served on before retiring. (2) That court's circuit chief judge may recall a senior judge, with the judge's consent, to handle judicial duties for the court they retired from, for whatever time the chief judge sets. (3) Anything a senior judge does or fails to do while serving under such a recall counts the same as if an active judge did or failed to do it — but the senior judge doesn't count toward that court's official number of authorized judgeships. (4) While performing recalled duties, a senior judge is paid the same salary and travel and expense allowances as an active judge on that court, instead of the annuity. (5) A senior judge performing recalled duties must always follow the code of judicial conduct for U.S. judges approved by the Judicial Conference. (d) A judge who becomes a senior judge under (c) stops being a senior judge, and stops being eligible for recall, if they later (1) accept a civil office or job with the U.S. government (other than recalled judicial duties), (2) practice law, or (3) seriously violate the code of judicial conduct. (e) A judge of these three courts who is removed by the President solely for mental or physical disability, or who is not reappointed, becomes entitled — once they turn 65, or immediately if already past 65 when they leave office — to: (1) a lifetime annuity equal to the salary they received when they left, if their total judicial service was 15 years or more; or (2) a lifetime annuity equal to that same salary times (years served divided by 15), if their total judicial service was between 10 and 15 years. (f) Any time served as a judge of these three courts, or of any other U.S. court defined in section 451, counts toward the total years of judicial service used in this section. (g) A retired judge getting an annuity under (a) also gets a cost-of-living adjustment, calculated the same way as under section 8340(b) of title 5 — except the adjusted annuity can never be more than 95% of a sitting U.S. district judge's current salary.
the actual law source: uscode.house.gov ↗public domain
(a)

Any judge of the District Court of Guam, the District Court of the Northern Mariana Islands, or the District Court of the Virgin Islands who retires from office after attaining the age and meeting the service requirements whether continuous or otherwise, of subsection (b) shall, during the remainder of his lifetime, receive an annuity equal to the salary he is receiving at the time he retires.

(b)

The age and service requirements for retirement under subsection (a) of this section are as follows:

Attained age:

Years of service:

65

15

66

14

67

13

68

12

69

11

70

10

(c)
(1)

Any judge or former judge who is receiving an annuity pursuant to this section may elect to become a senior judge of the court upon which he served before retiring.

(2)

The chief judge of a judicial circuit may recall any such senior judge, with the judge’s consent, to perform, for the court from which he retired, such judicial duties for such periods of time as the chief judge may specify.

(3)

Any act or failure to act by a senior judge performing judicial duties pursuant to recall under paragraph (2) of this subsection shall have the same force and effect as if it were an act or failure to act of a judge on active duty; but such senior judge shall not be counted as a judge of the court on which he is serving as a recalled annuitant for purposes of the number of judgeships authorized for that court.

(4)

Any senior judge performing judicial duties pursuant to recall under paragraph (2) of this subsection shall be paid, while performing such duties, the same compensation (in lieu of the annuity payable under subsection (a) of this section) and the same allowances for travel and other expenses as a judge on active duty with the court being served.

(5)

Any senior judge performing judicial duties pursuant to recall under paragraph (2) of this subsection shall at all times be governed by the code of judicial conduct for United States judges approved by the Judicial Conference of the United States.

(d)

Any judge who elects to become a senior judge under subsection (c) of this section and who thereafter—

(1)

accepts civil office or employment under the Government of the United States (other than the performance of judicial duties pursuant to recall under subsection (c) of this section);

(2)

engages in the practice of law; or

(3)

materially violates the code of judicial conduct for United States judges,

shall cease to be a senior judge and to be eligible for recall pursuant to subsection (c) of this section.

(e)

Any judge of the District Court of Guam, the District Court of the Northern Mariana Islands, or the District Court of the Virgin Islands who is removed by the President of the United States upon the sole ground of mental or physical disability, or who is not reappointed (as judge of such court), shall be entitled, upon attaining the age of sixty-five years or upon relinquishing office if he is then beyond the age of sixty-five years, (1) if his judicial service, continuous or otherwise, aggregates fifteen years or more, to receive during the remainder of his life an annuity equal to the salary he received when he left office, or (2) if his judicial service, continuous or otherwise, aggregated less than fifteen years but not less than ten years, to receive during the remainder of his life an annuity equal to that proportion of such salary which the aggregate number of his years of his judicial service bears to fifteen.

(f)

Service at any time as a judge of the courts referred to in subsection (a) or of any other court of the United States, as defined by section 451 of this title, shall be included in the computation of aggregate years of judicial service for purposes of this section.

(g)

Any retired judge who is entitled to receive an annuity under subsection (a) shall be entitled to a cost of living adjustment in the amount payable to him computed as specified in section 8340(b) of title 5, except that in no case may the annuity payable to such retired judge, as increased under this subsection, exceed 95 per centum of the salary of a United States district judge in regular active service.

Source credit: (June 25, 1948, ch. 646, 62 Stat. 904; Oct. 31, 1951, ch. 655, § 40, 65 Stat. 724; Feb. 10, 1954, ch. 6, § 5, 68 Stat. 13; Pub. L. 85–508, § 12(d), July 7, 1958, 72 Stat. 348; Pub. L. 86–3, § 14(d), Mar. 18, 1959, 73 Stat. 10; Pub. L. 89–571, § 2, Sept. 12, 1966, 80 Stat. 764; Pub. L. 94–470, Oct. 11, 1976, 90 Stat. 2052; Pub. L. 99–396, § 21(a), Aug. 27, 1986, 100 Stat. 844.)

history & why it existsrecord from the source credit
  • 1948Enacted · Act of June 25, 1948, ch. 646 · 62 Stat. 904
  • 1951Amended · Act of Oct. 31, 1951, ch. 655 · 65 Stat. 724
  • 1954Amended · Act of Feb. 10, 1954, ch. 6 · 68 Stat. 13
  • 1958Amended · Pub. L. 85-508 · 72 Stat. 348
  • 1959Amended · Pub. L. 86-3 · 73 Stat. 10
  • 1966Amended · Pub. L. 89-571 · 80 Stat. 764
  • 1976Amended · Pub. L. 94-470 · 90 Stat. 2052
  • 1986Amended · Pub. L. 99-396 · 100 Stat. 844

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

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