§ 153. — Salaries; character of service.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC153]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART I--ORGANIZATION OF COURTS
CHAPTER 6--BANKRUPTCY JUDGES
Sec. 153. Salaries; character of service
(a) Each bankruptcy judge shall serve on a full-time basis and shall
receive as full compensation for his services, a salary at an annual
rate that is equal to 92 percent of the salary of a judge of the
district court of the United States as determined pursuant to section
135, to be paid at such times as the Judicial Conference of the United
States determines.
(b) A bankruptcy judge may not engage in the practice of law and may
not engage in any other practice, business, occupation, or employment
inconsistent with the expeditious, proper, and impartial performance of
such bankruptcy judge's duties as a judicial officer. The Conference may
promulgate appropriate rules and regulations to implement this
subsection.
(c) Each individual appointed under this chapter shall take the oath
or affirmation prescribed by section 453 of this title before performing
the duties of the office of bankruptcy judge.
(d) A bankruptcy judge appointed under this chapter shall be exempt
from the provisions of subchapter I of chapter 63 of title 5.
(Added Pub. L. 98-353, title I, Sec. 104(a), July 10, 1984, 98 Stat.
338; amended Pub. L. 100-202, Sec. 101(a), [title IV, Sec. 408(a)], Dec.
22, 1987, 101 Stat. 1329, 1329-26; Pub. L. 100-702, title X,
Sec. 1003(a)(1), Nov. 19, 1988, 102 Stat. 4665.)
Amendments
1988--Subsec. (d). Pub. L. 100-702 added subsec. (d).
1987--Subsec. (a). Pub. L. 100-202 amended subsec. (a) generally.
Prior to amendment, subsec. (a) read as follows: ``Each bankruptcy judge
shall serve on a full-time basis and shall receive as full compensation
for his services a salary at an annual rate determined under section 225
of the Federal Salary Act of 1967 (2 U.S.C. 351-361) as adjusted by
section 461 of this title, to be paid at such times as the Judicial
Conference of the United States determines.''
Effective Date of 1987 Amendment
Section 101(a) [title IV, Sec. 408(d)] of Pub. L. 100-202 provided
that: ``This section [amending this section, section 634 of this title,
and section 356 of Title 2, The Congress] shall become effective October
1, 1988, and any salary affected by the provisions of this section shall
be adjusted at the beginning of the first applicable pay period
commencing on or after such date of enactment [probably should read
``such date'', meaning Oct. 1, 1988].''
Transition Provisions
Section 1003(b) of Pub. L. 100-702 provided that:
``(1) If an individual who is exempted from the Leave Act by
operation of amendments under this section [amending this section and
sections 156, 631, 634, 712, 752, and 794 of this title] and who was
previously subject to the provisions of subchapter I of chapter 63 of
title 5, United States Code, without a break in service, again becomes
subject to this subchapter on completion of his service as an exempted
officer, the unused annual leave and sick leave standing to his credit
when he was exempted from this subchapter is deemed to have remained to
his credit.
``(2) In computing an annuity under section 8339 of title 5, United
States Code, the total service of a person specified in paragraph (1) of
this subsection who retired on an immediate annuity or dies leaving a
survivor or survivors entitled to an annuity includes, without regard to
the limitations imposed by subsection (f) of section 8339 of title 5,
United States Code, the days of unused sick leave standing to his credit
when he was exempted from subchapter I of chapter 63 of title 5, United
States Code, except that these days will not be counted in determining
average pay or annuity eligibility.''
Continuation of Salaries of Bankruptcy Judges in Effect on June 27, 1984
Section 105(a) of Pub. L. 98-353 provided that: ``The salary of a
bankruptcy judge in effect on June 27, 1984, shall remain in effect
until changed as a result of a determination or adjustment made pursuant
to section 153(a) of title 28, United States Code, as added by this
Act.''
Part-Time Bankruptcy Judges
For provision that notwithstanding subsecs. (a) and (b) of this
section, a bankruptcy judge serving on a part-time basis on July 10,
1984, may continue to serve on such basis for two years from such date,
and may engage in the practice of law, see section 106 of Pub. L. 98-
353, set out as a note under section 152 of this title.
Salary Increases
1988--Salaries of bankruptcy judges continued at $72,500 per annum
by Ex. Ord. No. 12622, Dec. 31, 1987, 53 F.R. 222, formerly set out as a
note under section 5332 of Title 5, Government Organization and
Employees.
1987--Salaries of bankruptcy judges increased to $72,500 per annum,
on recommendation of the President of the United States, see note set
out under section 358 of Title 2, The Congress.
Salaries of bankruptcy judges increased to $70,500 effective on
first day of first pay period beginning on or after Jan. 1, 1987, by Ex.
Ord. No. 12578, Dec. 31, 1986, 52 F.R. 505, formerly set out as a note
under section 5332 of Title 5, Government Organization and Employees.
1985--Salaries of bankruptcy judges increased to $68,400 effective
on first day of first pay period beginning on or after Jan. 1, 1985, by
Ex. Ord. No. 12496, Dec. 28, 1984, 50 F.R. 211, as amended by Ex. Ord.
No. 12540, Dec. 30, 1985, 51 F.R. 577, formerly set out as a note under
section 5332 of Title 5.
1984--Salaries of bankruptcy judges (full-time) and bankruptcy
judges (part-time) (maximum rate) increased to $66,100 and $33,100,
respectively, effective on first day of first pay period beginning on or
after Jan. 1, 1984, by Ex. Ord. No. 12456, Dec. 30, 1983, 49 F.R. 347,
as amended Ex. Ord. No. 12477, May 23, 1984, 49 F.R. 22041; Ex. Ord. No.
12487, Sept. 14, 1984, 49 F.R. 36493, formerly set out as a note under
section 5332 of Title 5.
1982--Salaries of bankruptcy judges and referees in bankruptcy
(full-time), or referees in bankruptcy (part-time) (maximum rate)
increased to $63,600 and $31,800, respectively, effective on first day
of first pay period beginning on or after Oct. 1, 1982, by Ex. Ord. No.
12387, Oct. 8, 1982, 47 F.R. 44981, formerly set out as a note under
section 5332 of Title 5. Ex. Ord. No. 12387 further provided that
pursuant to section 101(e) of Pub. L. 97-276 funds are not available to
pay a salary at a rate which exceeds the rate in effect on Sept. 30,
1982, which was $58,500 for bankruptcy judges and referees in bankruptcy
(full-time), and $30,600 for referees in bankruptcy (part-time) (maximum
rate).
Maximum rate payable to bankruptcy judges after Dec. 17, 1982,
increased from $58,500 to $63,600, see Pub. L. 97-377, title I,
Sec. 129(b)-(d), Dec. 21, 1982, 96 Stat. 1914, set out as a note under
section 5318 of Title 5.
1981--Salaries of bankruptcy judges and referees in bankruptcy
(full-time), or referees in bankruptcy (part-time) (maximum rate)
increased to $61,200 and $30,600, respectively, effective on first day
of first pay period beginning on or after Oct. 1, 1981, by Ex. Ord. No.
12330, Oct. 15, 1981, 46 F.R. 50921, formerly set out as a note under
section 5332 of Title 5. Ex. Ord. No. 12330 further provided that
pursuant to section 101(c) of Pub. L. 97-51 funds are not available to
pay a salary at a rate which exceeds the rate in effect on Sept. 30,
1981, which was $51,167.50 for bankruptcy judges and referees in
bankruptcy (full-time), and $25,583.75 for referees in bankruptcy (part-
time) (maximum rate).
1980--Salaries of bankruptcy judges and referees in bankruptcy
(full-time), or referees in bankruptcy (part-time) (maximum rate)
increased to $58,400 and $29,200, respectively, effective on first day
of first pay period beginning on or after Oct. 1, 1980, by Ex. Ord. No.
12248, Oct. 16, 1980, 45 F.R. 69199, formerly set out as a note under
section 5332 of Title 5. Ex. Ord. No. 12248 further provided that
pursuant to section 101(c) of Pub. L. 96-369 funds are not available to
pay a salary which exceeds the rate in effect on Sept. 30, 1980, which
was $51,167.50 for bankruptcy judges and referees in bankruptcy (full-
time), and $25,583.75 for referees in bankruptcy (part-time) (maximum
rate).
For limitations on use of funds for period Oct. 1, 1980 through June
5, 1981, appropriated by any Act to pay the salary or pay of any
individual in legislative, executive, or judicial branch in position
equal to or above level V of the Executive Schedule, see section 101(c)
of Pub. L. 96-369 and section 101(c) of Pub. L. 96-536, set out as notes
under section 5318 of Title 5.
1979--Salaries of bankruptcy judges increased to $53,500 effective
on first day of first pay period beginning on or after Oct. 1, 1979, by
Ex. Ord. No. 12165, Oct. 9, 1979, 44 F.R. 58671, as amended by Ex. Ord.
No. 12200, Mar. 12, 1980, 45 F.R. 16443, formerly set out as a note
under section 5332 of Title 5. Ex. Ord. No. 12165 further provided that
pursuant to Pub. L. 96-86 funds appropriated for fiscal year 1980 may
not be used to pay a salary at a rate which exceeds an increase of 5.5
percent over the applicable rate payable for such position or office in
effect on Sept. 30, 1978, which was $51,167.50 for bankruptcy judges.
