(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.)
Historical and Revision Notes
Based on section
, U.S.C., 1940 ed., Territories and Insular Possessions. [title 28, U.S.C., 1940 ed., §§ 375g,
375g note, 375h] (May 31, 1938, ch. 301, §§ 1,
,52 Stat. 591
; Apr. 16, 1946, ch. 139, §§ 1,
,60 Stat. 90
Section consolidates sections
, U.S.C., 1940 ed., as amended and transferred to title 28, U.S.C., 1940 ed., as sections
375h thereof, with changes of phraseology necessary to effect consolidation.
1986—Pub. L. 99–396
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.
“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 section
, United States Code: Provided, however, 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.”
1976—Pub. L. 94–470
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.
1966—Pub. L. 89–571
removed the United States District Court for District of Puerto Rico from list of courts to which the provisions of section are applicable.
1959—Pub. L. 86–3
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 section
of this title and notes thereunder.
1958—Pub. L. 85–508
struck out provisions which related to District Court for Territory of Alaska. See section
of this title which establishes a United States District Court for the State of Alaska.
1954—Act Feb. 10, 1954, 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.
1951—Act Oct. 31, 1951, inserted reference to judge of District Court of Guam in first par.
Effective Date of 1986 Amendment
Section 21(c) ofPub. L. 99–396
provided that: “The amendments made by this section [amending this section and section
of this title] shall not affect the amount payable to a judge who retired in accordance with the provisions of section
, United States Code, in effect on the day before the date of enactment of this Act [Aug. 27, 1986].”
Effective Date of 1959 Amendment
Amendment by Pub. L. 86–3
effective on admission of State of Hawaii into the Union, see note set out under section
of this title. Admission of Hawaii into the Union was accomplished Aug. 21, 1959, upon issuance of Proc. No. 3309, Aug. 21, 1959, 25
, 73 Stat. c74, as required by sections 1 and 7(c) ofPub. L. 86–3
, Mar. 18, 1959, 73 Stat. 4
, set out as notes preceding section
, Territories and Insular Possessions.
Effective Date of 1958 Amendment
Amendment by Pub. L. 85–508
effective Jan. 3, 1959, upon admission of Alaska into the Union pursuant to Proc. No. 3269, Jan. 3, 1959, 24
, 73 Stat. c16, as required by sections 1 and 8(c) ofPub. L. 85–508
, see notes set out under section
of this title and preceding section
, Territories and Insular Possessions.
Election, Recall, Status, Compensation, Conduct, and Termination of Senior Judges
Pub. L. 98–454
, title X, § 1002,Oct. 5, 1984, 98 Stat. 1745
, provided that:
“(a) 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 section
, 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) Any senior judge shall be paid, while performing duties pursuant to this section, the same compensation (in lieu of payments pursuant to section
, 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.”
Tenure and Salary Rights of Judges in Puerto Rico in Office on September 12, 1966
Amendment by Pub. L. 89–571
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 Sept. 12, 1966, see section 4 ofPub. L. 89–571
, set out as a note under section
of this title.
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
Section 14(d) ofPub. L. 86–3
provided in part: “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”. See Effective Date of 1959 Amendment note above.
Preservation of Rights of Retired Judges of the District Court for the Territory of Alaska
Section 12(d) ofPub. L. 85–508
provided in part: “That the amendment made by this subsection shall not affect the rights of any judge who may have retired before it takes effect”. See Effective Date of 1958 Amendment note above.
Judicial Service in Hawaii
Certain judicial service in Hawaii included within computation of aggregate years of judicial service, see section 14(d) ofPub. L. 86–3
, set out as a note under section
of this title.