§ 5. — Salaries of justices.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC5]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART I--ORGANIZATION OF COURTS
CHAPTER 1--SUPREME COURT
Sec. 5. Salaries of justices
The Chief Justice and each associate justice shall each receive a
salary at annual rates 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.
(June 25, 1948, ch. 646, 62 Stat. 870; Mar. 2, 1955, ch. 9, Sec. 1(a),
69 Stat. 9; Pub. L. 88-426, title IV, Sec. 403(a), Aug. 14, 1964, 78
Stat. 434; Pub. L. 94-82, title II, Sec. 205(b)(1), Aug. 9, 1975, 89
Stat. 422.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Sec. 324 (Mar. 3, 1911, ch.
231, Sec. 218, 36 Stat. 1152; Dec. 13, 1926, ch. 6, Sec. 1, 44 Stat.
919; July 31, 1946, ch. 704, Sec. 1, 60 Stat. 716).
The provision ``to be paid monthly'' was omitted since the time of
payment of salaries is a matter of administrative convenience. (See 20
Comp. Gen. 834.)
Minor changes in phraseology were made.
References in Text
Section 225 of the Federal Salary Act of 1967, referred to in text,
is section 225 of Pub. L. 90-206, Dec. 16, 1967, 81 Stat. 642, as
amended, which is classified to chapter 11 (Sec. 351 et seq.) of Title
2, The Congress.
Amendments
1975--Pub. L. 94-82 substituted provisions setting the annual salary
of the Chief Justice and each associate justice at rates determined
under section 225 of the Federal Salary Act of 1967, as adjusted by
section 461 of this title, for provisions granting the Chief Justice and
each associate justice a salary of $40,000 and $39,500 a year,
respectively.
1964--Pub. L. 88-426 increased salary of Chief Justice from $35,500
to $40,000 and that of Associate Justices from $35,000 to $39,500.
1955--Act Mar. 2, 1955, increased salary of Chief Justice from
$25,500 to $35,500 and salaries of Associate Justices from $25,000 to
$35,000 a year.
Effective Date of 1964 Amendment
Amendment by Pub. L. 88-426 effective on first day of first pay
period which begins on or after July 1, 1964, except to extent provided
in section 501(c) of Pub. L. 88-426, see section 501 of Pub. L. 88-426.
Effective Date of 1955 Amendment
Amendment by act Mar. 2, 1955, effective Mar. 1, 1955, see section 5
of act Mar. 2, 1955, set out as a note under section 31 of Title 2, The
Congress.
Salary Increases
2003--Salaries of Chief Justice and Associate Justices increased to
$198,600 and $190,100 per annum, respectively, effective on first day of
first pay period beginning on or after Jan. 1, 2003, by Ex. Ord. No.
13282, Dec. 31, 2002, 68 F.R. 1133, as amended by Ex. Ord. No. 13291,
Sec. 3, Mar. 21, 2003, 68 F.R. 14525, set out as a note under section
5332 of Title 5, Government Organization and Employees.
2002--Salaries of Chief Justice and Associate Justices increased to
$192,600 and $184,400 per annum, respectively, effective on first day of
first pay period beginning on or after Jan. 1, 2002, by Ex. Ord. No.
13249, Dec. 28, 2001, 67 F.R. 639, formerly set out as a note under
section 5332 of Title 5.
2001--Salaries of Chief Justice and Associate Justices increased to
$186,300 and $178,300 per annum, respectively, effective on first day of
first pay period beginning on or after Jan. 1, 2001, by Ex. Ord. No.
13182, Dec. 23, 2000, 65 F.R. 82879, 66 F.R. 10057, formerly set out as
a note under section 5332 of Title 5.
2000--Salaries of Chief Justice and Associate Justices increased to
$181,400 and $173,600 per annum, respectively, effective on first day of
first pay period beginning on or after Jan. 1, 2000, by Ex. Ord. No.
13144, Dec. 21, 1999, 64 F.R. 72237, formerly set out as a note under
section 5332 of Title 5.
1999--Salaries of Chief Justice and Associate Justices continued at
$175,400 and $167,900 per annum, respectively, by Ex. Ord. No. 13106,
Dec. 7, 1998, 63 F.R. 68151, formerly set out as a note under section
5332 of Title 5.
1998--Salaries of Chief Justice and Associate Justices increased to
$175,400 and $167,900 per annum, respectively, effective on first day of
first pay period beginning on or after Jan. 1, 1998, by Ex. Ord. No.
13071, Dec. 29, 1997, 62 F.R. 68521, formerly set out as a note under
section 5332 of Title 5.
1997--Salaries of Chief Justice and Associate Justices continued at
$171,500 and $164,100 per annum, respectively, by Ex. Ord. No. 13033,
Dec. 27, 1996, 61 F.R. 68987, formerly set out as a note under section
5332 of Title 5.
1996--Salaries of Chief Justice and Associate Justices continued at
$171,500 and $164,100 per annum, respectively, by Ex. Ord. No. 12984,
Dec. 28, 1995, 61 F.R. 237, formerly set out as a note under section
5332 of Title 5.
1995--Salaries of Chief Justice and Associate Justices continued at
$171,500 and $164,100 per annum, respectively, by Ex. Ord. No. 12944,
Dec. 28, 1994, 60 F.R. 309, formerly set out as a note under section
5332 of Title 5.
1993--Salaries of Chief Justice and Associate Justices increased to
$171,500 and $164,100 per annum, respectively, effective on first day of
first pay period beginning on or after Jan. 1, 1993, by Ex. Ord. No.
12826, Dec. 30, 1992, 57 F.R. 62909, formerly set out as a note under
section 5332 of Title 5.
1992--Salaries of Chief Justice and Associate Justices increased to
$166,200 and $159,000 per annum, respectively, effective on first day of
first pay period beginning on or after Jan. 1, 1992, by Ex. Ord. No.
12786, Dec. 26, 1991, 56 F.R. 67453, formerly set out as a note under
section 5332 of Title 5.
1991--Salaries of Chief Justice and Associate Justices increased to
$160,600 and $153,600 per annum, respectively, effective on first day of
first pay period beginning on or after Jan. 1, 1991, by Ex. Ord. No.
12736, Dec. 12, 1990, 55 F.R. 51385, formerly set out as a note under
section 5332 of Title 5.
1990--Salaries of Chief Justice and Associate Justices continued
respectively at $115,000 and $110,000 per annum, and increased to
$124,000 and $118,600, respectively, effective on first day of first pay
period beginning on or after Jan. 31, 1990, by Ex. Ord. No. 12698, Dec.
23, 1989, 54 F.R. 53473, formerly set out as a note under section 5332
of Title 5.
1989--Salaries of Chief Justice and Associate Justices increased in
the amount of 25 percent of their respective rates (as last in effect
before the increase), effective Jan. 1, 1991, see Pub. L. 101-194, title
VII, Sec. 703(a)(3), Nov. 30, 1989, 103 Stat. 1768, set out as a note
under section 5318 of Title 5.
Salaries of Chief Justice and Associate Justices continued
respectively at $115,000 and $110,000 per annum by Ex. Ord. No. 12663,
Jan. 6, 1989, 54 F.R. 791, formerly set out as a note under section 5332
of Title 5.
1988--Salaries of Chief Justice and Associate Justices continued
respectively at $115,000 and $110,000 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.
1987--Salaries of Chief Justice and Associate Justices increased
respectively to $115,000 and $110,000 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 Chief Justice and Associate Justices increased to
$111,700 and $107,200, respectively, 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 Chief Justice and Associate Justices increased to
$108,400 and $104,100, respectively, 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 Chief Justice and Associate Justices increased to
$104,700 and $100,600, 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 Chief Justice and Associate Justices increased to
$100,700 and $96,700, 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
140 of Pub. L. 97-92, funds are not available to pay a salary at a rate
which exceeds the rate in effect on Dec. 15, 1981, which was $96,800 for
the Chief Justice and $93,000 for the Associate Justices.
Maximum rates payable after Dec. 17, 1982, increased from $96,800
and $93,000 to $100,700 and $96,700, respectively, see Pub. L. 97-377,
title I, Sec. 129(b)-(d), Dec. 21, 1982, 96 Stat. 1941, set out as a
note under section 5318 of Title 5.
Limitations on use of funds for fiscal year ending Sept. 30, 1983,
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(e) of Pub. L. 97-276,
as amended, set out as a note under section 5318 of Title 5.
1981--Salaries of Chief Justice and Associate Justices increased to
$96,800 and $93,000, 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.
Limitations on use of funds for fiscal year ending Sept. 30, 1982,
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 sections 101(g) and 141 of Pub.
L. 97-92, set out as a note under section 5318 of Title 5.
1980--Salaries of Chief Justice and Associate Justices increased to
$92,400 and $88,700, 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 Pub. L.
96-369 funds are not available to pay a salary at a rate which exceeds
the rate in effect on Sept. 30, 1980, which was $79,125 for the Chief
Justice and $75,960 for the Associate Justices.
Limitations on use of funds for fiscal year ending Sept. 30, 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. 96-536,
as amended, set out as a note under section 5318 of Title 5.
1979--Salaries of Chief Justice and Associate Justices increased to
$84,700 and $81,300, respectively, 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 $79,125 for the Chief Justice and $75,960 for the Associate
Justices.
Applicability to funds appropriated by any Act for fiscal year
ending Sept. 30, 1980, of limitation of section 304 of Pub. L. 95-391 on
use of funds 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 of Pub. L. 96-86, set out as a
note under section 5318 of Title 5.
1978--Salaries of Chief Justice and Associate Justices increased to
$79,100 and $76,000, respectively, effective on first day of first pay
period beginning on or after Oct. 1, 1978, by Ex. Ord. No. 12087, Oct.
7, 1978, 43 F.R. 46823, formerly set out as a note under section 5332 of
Title 5. Ex. Ord. No. 12087, further provided that pursuant to the
Legislative Branch Appropriation Act, 1979 [Pub. L. 95-391, title III
Sec. 304, Sept. 30, 1978, 92 Stat. 788, set out as a note under section
5318 of Title 5], funds are not available to pay a salary at a rate
which exceeds the rate in effect on Sept. 30, 1978, which was $75,000
for the Chief Justice and $72,000 for the Associate Justices.
1977--Salaries of Chief Justice and Associate Justices increased
respectively to $75,000 and $72,000 per annum, on recommendation of the
President of the United States, see note set out under section 358 of
Title 2, The Congress.
1976--Salaries of Chief Justice and Associate Justices increased to
$68,800 and $66,000, respectively, effective on first day of first pay
period beginning on or after Oct. 1, 1976, by Ex. Order No. 11941, Oct.
1, 1976, 41 F.R. 43889, formerly set out as a note under section 5332 of
Title 5, Government Organization and Employees. Ex. Ord. No. 11941,
further provided that pursuant to the Legislative Branch Appropriation
Act, 1977, funds are not available to pay a salary at a rate which
exceeds the rate in effect on Sept. 30, 1976, which was $65,600 for the
Chief Justice and $63,000 for the Associate Justices.
1975--Salaries of Chief Justice and Associate Justices increased to
$65,600 and $63,000, respectively, effective on first day of first pay
period beginning on or after Oct. 1, 1975, by Ex. Order No. 11883, Oct.
6, 1975, 40 F.R. 47091, formerly set out as a note under section 5332 of
Title 5.
1969--Salaries of Chief Justice and Associate Justices increased
respectively from $40,000 and $39,500 to $62,500 and $60,000 per annum,
commencing Feb. 14, 1969, on recommendation of the President of the
United States, see note set out under section 358 of Title 2, The
Congress.
1946--Salary of Chief Justice increased from $20,500 to $25,500 a
year, and salaries of associate justices increased from $20,000 to
$25,000 a year, by act July 31, 1946, ch. 704, Sec. 1, 60 Stat. 716.
1926--Salary of Chief Justice increased from $15,000 to $20,500 a
year, and salaries of associate justices increased from $14,500 to
$20,000 a year, by act Dec. 13, 1926, ch. 6, Sec. 1, 44 Stat. 919.
1911--Salary of Chief Justice set at $15,000 a year and salaries of
associate justices set at $14,500 a year by Judicial Code of 1911, act
Mar. 3, 1911, ch. 231, Sec. 1, 36 Stat. 1152.
