§ 373. — Judges in Territories and Possessions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC373]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART I--ORGANIZATION OF COURTS
CHAPTER 17--RESIGNATION AND RETIREMENT OF JUSTICES AND JUDGES
Sec. 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) 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.
(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.)
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.
Section Referred to in Other Sections
This section is referred to in section 376 of this title.
