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e. JUDICIAL SERVICE IN HAWAII Certain judicial service in Hawaii included within computation of aggregate years of judicial service, see section 14(d) of Pub. L. 86-3, set out as a note under section 371 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 178, 294, 332, 354, 376, 377, 621 of this title; title 5 sections 8440a, 8701. -End- -CITE- 28 USC Sec. 373 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART I - ORGANIZATION OF COURTS CHAPTER 17 - RESIGNATION AND RETIREMENT OF JUSTICES AND JUDGES -HEAD- Sec. 373. Judges in territories and possessions -STATUTE- (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- (June 25, 1948, ch. 646, 62 Stat. 904; Oct. 31, 1951, ch. 655, Sec. 40, 65 Stat. 724; Feb. 10, 1954, ch. 6, Sec. 5, 68 Stat. 13; Pub. L. 85-508, Sec. 12(d), July 7, 1958, 72 Stat. 348; Pub. L. 86-3, Sec. 14(d), Mar. 18, 1959, 73 Stat. 10; Pub. L. 89-571, Sec. 2, Sept. 12, 1966, 80 Stat. 764; Pub. L. 94-470, Oct. 11, 1976, 90 Stat. 2052; Pub. L. 99-396, Sec. 21(a), Aug. 27, 1986, 100 Stat. 844.) -MISC1- HISTORICAL AND REVISION NOTES 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., Secs. 375g, 375g note, 375h] (May 31, 1938, ch. 301, Secs. 1, 2, 52 Stat. 591; Apr. 16, 1946, ch. 139, Secs. 1, 2, 3, 60 Stat. 90, 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. AMENDMENTS 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 8340(b) of title 5, 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 91 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 81A 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) of Pub. L. 99-396 provided that: "The amendments made by this section [amending this section and section 376 of this title] shall not affect the amount payable to a judge who retired in accordance with the provisions of section 373 of title 28, 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 91 of this title. Admission of Hawaii into the Union was accomplished Aug. 21, 1959, upon issuance of Proc. No. 3309, Aug. 21, 1959, 25 F.R. 6868, 73 Stat. c74, as required by sections 1 and 7(c) of Pub. L. 86-3, Mar. 18, 1959, 73 Stat. 4, set out as notes preceding section 491 of Title 48, 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 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85-508, see notes set out under section 81A of this title and preceding section 21 of Title 48, Territories and Insular Possessions. ELECTION, RECALL, STATUS, COMPENSATION, CONDUCT, AND TERMINATION OF SENIOR JUDGES Pub. L. 98-454, title X, Sec. 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 373 of title 28, 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 373 of title 28, 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 of Pub. L. 89-571, set out as a note under section 134 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) of Pub. 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) of Pub. 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) of Pub. L. 86-3, set out as a note under section 371 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 376 of this title. -End- -CITE- 28 USC Sec. 374 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART I - ORGANIZATION OF COURTS CHAPTER 17 - RESIGNATION AND RETIREMENT OF JUSTICES AND JUDGES -HEAD- Sec. 374. Residence of retired judges; official station -STATUTE- Retired judges of the United States are not subject to restrictions as to residence. The place where a retired judge maintains the actual abode in which he customarily lives shall be deemed to be his official station for the purposes of section 456 of this title. The place where a judge or magistrate judge recalled under section 155, 375, 636, or 797 of this title maintains the actual abode in which the judge or magistrate judge customarily lives shall be deemed to be the official station of such judge or magistrate judge for purposes of section 604(a)(7) of this title. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 904; Pub. L. 86-312, Sec. 1, Sept. 21, 1959, 73 Stat. 587; Pub. L. 99-651, title II, Sec. 202(b), Nov. 14, 1986, 100 Stat. 3648; Pub. L. 101-650, title III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 402 (Feb. 11, 1938, ch. 23, 52 Stat. 28). Sections 44 and 133 of this title require that active circuit and district judges shall reside in the circuit or district to which appointed. Changes were made in phraseology. AMENDMENTS 1986 - Pub. L. 99-651 inserted last sentence. 1959 - Pub. L. 86-312 inserted sentence to provide that place where retired judge maintains actual abode shall be deemed to be his official station and inserted "; official station" in section catchline. -CHANGE- CHANGE OF NAME Words "magistrate judge" substituted for "magistrate" wherever appearing in text pursuant to section 321 of Pub. L. 101-650, set out as a note under section 631 of this title. -MISC2- EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99-651 effective Jan. 1, 1987, see section 203 of Pub. L. 99-651, set out as a note under section 155 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 456 of this title. -End- -CITE- 28 USC Sec. 375 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART I - ORGANIZATION OF COURTS CHAPTER 17 - RESIGNATION AND RETIREMENT OF JUSTICES AND JUDGES -HEAD- Sec. 375. Recall of certain judges and magistrate judges -STATUTE- (a)(1) A bankruptcy judge or a United States magistrate judge appointed under chapter 43 of this title, who has retired under the provisions of section 377 of this title or under the applicable provisions of title 5 upon attaining the age and years of service requirements established in section 371(c) of this title, 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) 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,(!1) 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) 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 March 31, 1984. (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) 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 section 377 of this title 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 section 377 of this title 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 may promulgate regulations to implement this section. -SOURCE- (Added Pub. L. 99-651, title II, Sec. 201(b)(1), Nov. 14, 1986, 100 Stat. 3647; amended Pub. L. 100-659, Sec. 4(b), Nov. 15, 1988, 102 Stat. 3918; Pub. L. 101-650, title III, Secs. 321, 325(b)(2), Dec. 1, 1990, 104 Stat. 5117, 5121; Pub. L. 102-572, title IX, Sec. 904(a), Oct. 29, 1992, 106 Stat. 4517; Pub. L. 107-273, div. C, title I, Sec. 11043(d), Nov. 2, 2002, 116 Stat. 1855.) -MISC1- PRIOR PROVISIONS A prior section 375, added Aug. 28, 1954, ch. 1053, Sec. 1, 68 Stat. 918; amended Aug. 3, 1956, ch. 944, Sec. 1(b), 70 Stat. 1021; Aug. 22, 1972, Pub. L. 92-397, Sec. 1, 86 Stat. 579, provided for annuities to widows of justices, prior to repeal by Pub. L. 96-504, Sec. 5, Dec. 5, 1980, 94 Stat. 2742. AMENDMENTS 2002 - Subsec. (d). Pub. L. 107-273 substituted "chapter 16" for "section 372(c)". 1992 - Subsec. (a)(1). Pub. L. 102-572, Sec. 904(a)(1), struck out ", a judge of the Claims Court," after "A bankruptcy judge" and ", judge of the Claims Court," after "a bankruptcy judge". Subsec. (a)(2). Pub. L. 102-572, Sec. 904(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." Subsec. (a)(3). Pub. L. 102-572, Sec. 904(a)(3), amended par. (3) generally. Prior to amendment, par. (3) read as follows: "For purposes of this section - "(A) the term 'bankruptcy judge' means a bankruptcy judge appointed under chapter 6 of this title or serving as a bankruptcy judge on March 31, 1984; 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." Subsec. (f). Pub. L. 102-572, Sec. 904(a)(4), struck out ", a judge of the Claims Court," after "bankruptcy judge" and ", a commissioner of the Court of Claims," after "referee in bankruptcy". 1990 - Subsec. (a)(1). Pub. L. 101-650 substituted "section 377 of this title" for "section 377 of title". 1988 - Subsec. (a)(1). Pub. L. 100-659, Sec. 4(b)(1), inserted "under the provisions of section 377 of title or" after "has retired". Subsec. (c). Pub. L. 100-659, Sec. 4(b)(2), inserted "under the provisions of section 377 of this title or" after "annuity provided" and inserted at end "The annuit

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