28 U.S.C. § 375 | Recall of certain judges and magistrate judges

(a)

(1)

section 377 of this title section 371(c) of this title A bankruptcy judge or a United States magistrate judge appointed under chapter 43 of this title, who has retired under the provisions of or under the applicable provisions of title 5 upon attaining the age and years of service requirements established in , may agree to be recalled to serve under this section for a period of five years as a bankruptcy judge or magistrate judge, as the case may be, upon certification that substantial service is expected to be performed by such retired judge or magistrate judge during such 5-year period. With the agreement of the judge or magistrate judge involved, a certification under this subsection may be renewed for successive 5-year periods.

(2)

1 So in original. Probably should be “United States magistrate judge,”.

For purposes of paragraph (1) of this subsection, a certification may be made, in the case of a bankruptcy judge or a United States magistrate, by the judicial council of the circuit in which the official duty station of the judge or magistrate at the time of retirement was located.

(3)

March 31, 1984 For purposes of this section, the term “bankruptcy judge” means a bankruptcy judge appointed under chapter 6 of this title or serving as a bankruptcy judge on .

(b)

A judge or magistrate judge recalled under this section may exercise all of the powers and duties of the office of judge or magistrate judge held at the time of retirement, including the ability to serve in any other judicial district to the extent applicable, but may not engage in the practice of law or engage in any other business, occupation, or employment inconsistent with the expeditious, proper, and impartial performance of duties as a judicial officer.

(c)

section 377 of this title section 377 of this title During the 5-year period in which a certification under subsection (a) is in effect, the judge or magistrate judge involved shall receive, in addition to the annuity provided under the provisions of or under the applicable provisions of title 5, an amount equal to the difference between that annuity and the current salary of the office to which the judge or magistrate judge is recalled. The annuity of a bankruptcy judge or magistrate judge who completes that 5-year period of service, whose certification is not renewed, and who retired under shall be equal to the salary in effect, at the end of that 5-year period, for the office from which he or she retired.

(d)

A certification under subsection (a) may be terminated in accordance with chapter 16 of this title, and such a certification shall be terminated upon the death of the recalled judge or magistrate judge involved.

(e)

Except as provided in subsection (b), nothing in this section shall affect the right of judges or magistrate judges who retire under the provisions of chapter 83 or chapter 84 of title 5 to serve as reemployed annuitants in accordance with the provisions of title 5. A judge or magistrate judge to whom this section applies may be recalled under section 155, 636(h), or 797 of this title, as the case may be, other than during a 5-year period in which a certification under subsection (a) is in effect with respect to that judge or magistrate judge.

(f)

For purposes of determining the years of service requirements in order to be eligible for recall under this section, any service as a bankruptcy judge or a United States magistrate judge, and any prior service as a referee in bankruptcy or a United States commissioner, may be credited.

(g)

Except as provided in subsection (c), a judge or magistrate judge recalled under this section who retired under the applicable provisions of title 5 shall be considered to be a reemployed annuitant under chapter 83 or chapter 84, as the case may be, of title 5.

(h)

The Judicial Conference of the United States shall promulgate regulations to implement this section.

Pub. L. 99–651, title II, § 201(b)(1)Nov. 14, 1986100 Stat. 3647 Pub. L. 100–659, § 4(b)Nov. 15, 1988102 Stat. 3918 Pub. L. 101–650, title IIIDec. 1, 1990104 Stat. 5117 Pub. L. 102–572, title IX, § 904(a)Oct. 29, 1992106 Stat. 4517 Pub. L. 107–273, div. C, title I, § 11043(d)Nov. 2, 2002116 Stat. 1855 Pub. L. 116–325, § 5Jan. 12, 2021134 Stat. 5094 (Added , , ; amended , , ; , §§ 321, 325(b)(2), , , 5121; , , ; , , ; , , .)

Editorial Notes

Prior Provisions

Aug. 28, 1954, ch. 1053, § 1 68 Stat. 918 Aug. 3, 1956, ch. 944, § 1(b) 70 Stat. 1021 Aug. 22, 1972Pub. L. 92–397, § 186 Stat. 579 Pub. L. 96–504, § 5Dec. 5, 198094 Stat. 2742 A prior section 375, added , ; amended , ; , , , provided for annuities to widows of justices, prior to repeal by , , .

Amendments

Pub. L. 116–3252021—Subsec. (h). substituted “shall” for “may”.

Pub. L. 107–2732002—Subsec. (d). substituted “chapter 16” for “section 372(c)”.

Pub. L. 102–572, § 904(a)(1)1992—Subsec. (a)(1). , struck out “, a judge of the Claims Court,” after “A bankruptcy judge” and “, judge of the Claims Court,” after “a bankruptcy judge”.

Pub. L. 102–572, § 904(a)(2)Subsec. (a)(2). , amended par. (2) generally. Prior to amendment, par. (2) read as follows: “For purposes of paragraph (1) of this subsection, a certification may be made—

“(A) in the case of a bankruptcy judge or a United States magistrate, by the judicial council of the circuit in which the official duty station of the judge or magistrate at the time of retirement was located; and

“(B) in the case of a judge of the Claims Court, by the chief judge of the United States Claims Court.”

Pub. L. 102–572, § 904(a)(3)Subsec. (a)(3). , amended par. (3) generally. Prior to amendment, par. (3) read as follows: “For purposes of this section—

March 31, 1984“(A) the term ‘bankruptcy judge’ means a bankruptcy judge appointed under chapter 6 of this title or serving as a bankruptcy judge on ; and

“(B) the term ‘judge of the Claims Court’ means a judge of the United States Claims Court who is appointed under chapter 7 of this title or who has served under section 167 of the Federal Courts Improvement Act of 1982.”

Pub. L. 102–572, § 904(a)(4)Subsec. (f). , struck out “, a judge of the Claims Court,” after “bankruptcy judge” and “, a commissioner of the Court of Claims,” after “referee in bankruptcy”.

Pub. L. 101–650 section 377 of this title1990—Subsec. (a)(1). substituted “” for “section 377 of title”.

Pub. L. 100–659, § 4(b)(1)1988—Subsec. (a)(1). , inserted “under the provisions of section 377 of title or” after “has retired”.

Pub. L. 100–659, § 4(b)(2)section 377 of this title section 377 of this titleSubsec. (c). , inserted “under the provisions of or” after “annuity provided” and inserted at end “The annuity of a bankruptcy judge or magistrate who completes that 5-year period of service, whose certification is not renewed, and who retired under shall be equal to the salary in effect, at the end of that 5-year period, for the office from which he or she retired.”

Pub. L. 100–659, § 4(b)(3)Subsec. (g). , inserted “who retired under the applicable provisions of title 5” after “section”.

Statutory Notes and Related Subsidiaries

Change of Name

section 321 of Pub. L. 101–650 section 631 of this titleWords “magistrate judge” and “magistrate judges” substituted for “magistrate” and “magistrates”, respectively, wherever appearing in section catchline and text pursuant to , set out as a note under .

Effective Date of 1992 Amendment

Pub. L. 102–572Oct. 29, 1992section 911 of Pub. L. 102–572 section 171 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1988 Amendment

Pub. L. 100–659Nov. 15, 1988Nov. 15, 1988July 31, 1987section 9 of Pub. L. 100–659 section 377 of this titleAmendment by effective , and applicable to bankruptcy judges and magistrate judges who retire on or after , with exception for judges and magistrate judges retiring on or after , see , as amended, set out as an Effective Date note under .

Effective Date

Jan. 1, 1987section 203 of Pub. L. 99–651 section 155 of this titleSection effective , see , set out as an Effective Date of 1986 Amendment note under .