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

(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)

Attained age:	Years of service:
65	15
66	14
67	13
68	12
69	11
70	10

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

(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)

section 451 of this title 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 , shall be included in the computation of aggregate years of judicial service for purposes of this section.

(g)

section 8340(b) of title 5 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 , 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.

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, 195872 Stat. 348 Pub. L. 86–3, § 14(d)Mar. 18, 195973 Stat. 10 Pub. L. 89–571, § 2Sept. 12, 196680 Stat. 764 Pub. L. 94–470Oct. 11, 197690 Stat. 2052 Pub. L. 99–396, § 21(a)Aug. 27, 1986100 Stat. 844 (, ; , ; , ; , , ; , , ; , , ; , , ; , , .)

Historical and Revision Notes

May 31, 1938, ch. 301 52 Stat. 591 Apr. 16, 1946, ch. 139 60 Stat. 90 Based on section 634b and 634c of title 48, U.S.C., 1940 ed., Territories and Insular Possessions. [title 28, U.S.C., 1940 ed., §§ 375g, 375g note, 375h] (, §§ 1, 2, ; , §§ 1, 2, 3, , 91).

Section consolidates sections 634b and 634c of title 48, U.S.C., 1940 ed., as amended and transferred to title 28, U.S.C., 1940 ed., as sections 375g and 375h thereof, with changes of phraseology necessary to effect consolidation.

Editorial Notes

Amendments

Pub. L. 99–3961986— amended section generally. Prior to amendment, section read as follows:

“Any judge of the United States District Court for the District of the Canal Zone, the District Court of Guam, or the District Court of the Virgin Islands, who resigns after attaining the age of seventy years and after serving at least ten years, continuously or otherwise, or after attaining the age of sixty-five years and after serving at least fifteen years, continuously or otherwise, shall continue during the remainder of his life to receive the salary he received when he relinquished office.

“Any judge of any such courts who is removed by the President of the United States upon the sole ground of mental or physical disability, or who fails of reappointment, 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, (a) if his judicial service aggregated sixteen years or more, to receive during the remainder of his life the salary he received when he relinquished office, or (b) if his judicial service aggregated less than sixteen years but not less than ten years, to receive during the remainder of his life that proportion of such salary which the aggregate number of years of his judicial service bears to sixteen.

“Service at any time in any of the courts referred to in the first paragraph, or in any other court under appointment by the President, shall be included in the computation of aggregate years of judicial service for the purposes of this section.

section 8340(b) of title 5Provided, however“Any judge who has retired by resigning under the provisions of this section, or who is otherwise entitled to payments under this section, shall be entitled after the effective date of this Act to a cost-of-living adjustment in the amount payable to him computed as specified in , United States Code: , That in no case shall the salary or amount payable to such judge as increased under this paragraph exceed 95 per centum of the salary of a United States district court judge in regular active service.”

Pub. L. 94–4701976— inserted cost-of-living adjustment provision, including limitation of payment to amount no greater than 95 per centum of salary of a United States district court judge in regular active service.

Pub. L. 89–5711966— removed the United States District Court for District of Puerto Rico from list of courts to which the provisions of section are applicable.

Pub. L. 86–3 section 91 of this title1959— struck out references to judges of United States District Court for District of Hawaii and to justices of Supreme Court of Territory of Hawaii. See and notes thereunder.

Pub. L. 85–508 section 81A of this title1958— struck out provisions which related to District Court for Territory of Alaska. See which establishes a United States District Court for the State of Alaska.

Feb. 10, 19541954—Act , among other changes, inserted provisions for retirement after attaining the age of 65 years and after serving at least fifteen years continuously or otherwise, changed period of service in connection with retirement at age 70, and reduced from 70 to 65 years the age requirement in connection with payment of salary after removal for mental or physical disability or failure of reappointment.

Oct. 31, 19511951—Act , inserted reference to judge of District Court of Guam in first par.

Statutory Notes and Related Subsidiaries

Effective Date of 1986 Amendment

Pub. L. 99–396, § 21(c)Aug. 27, 1986100 Stat. 846

section 376 of this title section 373 of title 28Aug. 27, 1986“The amendments made by this section [amending this section and ] shall not affect the amount payable to a judge who retired in accordance with the provisions of , United States Code, in effect on the day before the date of enactment of this Act [].”

, , , provided that:

Effective Date of 1959 Amendment

Pub. L. 86–3 section 91 of this titleAug. 21, 1959Aug. 21, 1959Pub. L. 86–3Mar. 18, 195973 Stat. 4 section 491 of Title 48Amendment by effective on admission of State of Hawaii into the Union, see note set out under . Admission of Hawaii into the Union was accomplished , upon issuance of Proc. No. 3309, , 25 F.R. 6868, 73 Stat. c74, as required by sections 1 and 7(c) of , , , set out as notes preceding , Territories and Insular Possessions.

Effective Date of 1958 Amendment

Pub. L. 85–508Jan. 3, 1959Jan. 3, 1959Pub. L. 85–508 section 81A of this title section 21 of Title 48Amendment by effective , upon admission of Alaska into the Union pursuant to Proc. No. 3269, , 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of , see notes set out under and preceding , Territories and Insular Possessions.

Election, Recall, Status, Compensation, Conduct, and Termination of Senior Judges

Pub. L. 98–454, title X, § 1002Oct. 5, 198498 Stat. 1745

“(a)

section 373 of title 28 Any judge or former judge who is receiving, or will upon attaining the age of sixty-five years be entitled to receive, payments pursuant to , United States Code[,] may elect to become a senior judge of the court on which he served while on active duty.

“(b)

The chief judge of a judicial circuit may recall any such senior judge of his circuit, with the judge’s consent, to perform in the District Court of Guam, the District Court of the Virgin Islands, or the District Court for the Northern Mariana Islands such judicial duties and for such periods of time as the chief judge may specify.

“(c)

Any act or failure to act by a senior judge performing judicial duties pursuant to this section shall have the same force and effect as if it were the 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 for purposes of the number of judgeships authorized for that court.

“(d)

section 373 of title 28 Any senior judge shall be paid, while performing duties pursuant to this section, the same compensation (in lieu of payments pursuant to , United States Code) and the same allowances for travel and other expenses as a judge in active service.

“(e)

Senior judges under subsection (a) of this section shall at all times be governed by the code of judicial conduct for the United States judges, approved by the Judicial Conference of the United States.

“(f)

Any person who has elected to be a senior judge under subsection (a) 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 subsection (b) of this section);

“(2)

engages in the practice of law; or

“(3)

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

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

, , , provided that:

September 12, 1966Tenure and Salary Rights of Judges in Puerto Rico in Office on

Pub. L. 89–571Sept. 12, 1966section 4 of Pub. L. 89–571 section 134 of this titleAmendment by not to affect tenure of office or right to continue to receive salary after resignation, retirement, or failure of reappointment of any district judge for the District of Puerto Rico in office on , see , set out as a note under .

Preservation of Rights of Retired Judges of the District Court for the District of Hawaii and Justices of the Supreme Court of the Territory of Hawaii

Pub. L. 86–3, § 14(d)Mar. 18, 195973 Stat. 10

“That the amendments made by this subsection shall not affect the rights of any judge or justice who may have retired before the effective date of this subsection”

, , , provided in part: . See Effective Date of 1959 Amendment note above.

Preservation of Rights of Retired Judges of the District Court for the Territory of Alaska

Pub. L. 85–508, § 12(d)July 7, 195872 Stat. 348

“That the amendment made by this subsection shall not affect the rights of any judge who may have retired before it takes effect”

, , , provided in part: . See Effective Date of 1958 Amendment note above.

Judicial Service in Hawaii

section 14(d) of Pub. L. 86–3 section 371 of this titleCertain judicial service in Hawaii included within computation of aggregate years of judicial service, see , set out as a note under .