§ 634. — Compensation.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC634]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART III--COURT OFFICERS AND EMPLOYEES
CHAPTER 43--UNITED STATES MAGISTRATE JUDGES
Sec. 634. Compensation
(a) Officers appointed under this chapter shall receive, as full
compensation for their services, salaries to be fixed by the conference
pursuant to section 633, at rates for full-time United States magistrate
judges up to an annual rate equal to 92 percent of the salary of a judge
of the district court of the United States, as determined pursuant to
section 135, and at rates for part-time magistrate judges of not less
than an annual salary of $100, nor more than one-half the maximum salary
payable to a full-time magistrate judge. In fixing the amount of salary
to be paid to any officer appointed under this chapter, consideration
shall be given to the average number and the nature of matters that have
arisen during the immediately preceding period of five years, and that
may be expected thereafter to arise, over which such officer would have
jurisdiction and to such other factors as may be material. Disbursement
of salaries shall be made by or pursuant to the order of the Director.
(b) Except as provided by section 8344, title 5, relating to
reductions of the salaries of reemployed annuitants under subchapter III
of chapter 83 of such title and unless the office has been terminated as
provided in this chapter, the salary of a full-time United States
magistrate judge shall not be reduced, during the term in which he is
serving, below the salary fixed for him at the beginning of that term.
(c) All United States magistrate judges, effective upon their taking
the oath or affirmation of office, and all necessary legal, clerical,
and secretarial assistants employed in the offices of full-time United
States magistrate judges shall be deemed to be officers and employees in
the judicial branch of the United States Government within the meaning
of subchapter III (relating to civil service retirement) of chapter 83,
chapter 87 (relating to Federal employees' group life insurance), and
chapter 89 (relating to Federal employees' health benefits program) of
title 5. Part-time magistrate judges shall not be excluded from coverage
under these chapters solely for lack of a prearranged regular tour of
duty. A legal assistant appointed under this section shall be exempt
from the provisions of subchapter I of chapter 63 of title 5, unless
specifically included by the appointing judge or by local rule of court.
(June 25, 1948, ch. 646, 62 Stat. 917; Pub. L. 90-578, title I,
Sec. 101, Oct. 17, 1968, 82 Stat. 1112; Pub. L. 92-428, Sept. 21, 1972,
86 Stat. 721; Pub. L. 94-520, Sec. 1, Oct. 17, 1976, 90 Stat. 2458; Pub.
L. 95-598, title II, Sec. 232, Nov. 6, 1978, 92 Stat. 2665; Pub. L. 96-
82, Sec. 8(b), Oct. 10, 1979, 93 Stat. 647; Pub. L. 98-353, title I,
Sec. 108(a), title II, Sec. 210, July 10, 1984, 98 Stat. 342, 351; Pub.
L. 100-202, Sec. 101(a) [title IV, Sec. 408(b)], Dec. 22, 1987, 101
Stat. 1329, 1329-27; Pub. L. 100-702, title X, Sec. 1003(a)(4), Nov. 19,
1988, 102 Stat. 4665; Pub. L. 101-650, title III, Sec. 321, Dec. 1,
1990, 104 Stat. 5117.)
Historical and Revision Notes
Based on sections 29, 72, 74, 80h, 103, 104, 117h, 117j, 132, 132a,
133, 175, 176, 198h, 198j, 204h, 204j, 256f, 256h, 379, 380, 395h, 395j,
403c-9, 403c-11, 403h-7, 403h-9, 404c-7, 404c-9, 408o, and 408q of title
16, U.S.C., 1940 ed., Conservation (May 7, 1894, ch. 72, Sec. 7, 28
Stat. 75; Apr. 17, 1900, ch. 192, Sec. 1, 31 Stat. 133; Apr. 20, 1904,
ch. 1400, Secs. 9, 11, 33 Stat. 189; Mar. 2, 1907, ch. 2516, Sec. 2, 34
Stat. 1218; Mar. 3, 1911, ch. 231, Sec. 291, 36 Stat. 1167; Aug. 22,
1914, ch. 264, Secs. 9, 11, 38 Stat. 701; June 30, 1916, ch. 197,
Secs. 9, 11, 39 Stat. 246; Aug. 21, 1916, ch. 368, Secs. 9, 11, 39 Stat.
523, 524; June 2, 1920, ch. 218, Secs. 11, 13, 41 Stat. 734; Mar. 4,
1923, ch. 295, 42 Stat. 1560; Apr. 25, 1928, ch. 434, Secs. 9, 11, 45
Stat. 461; Apr. 26, 1928, ch. 438, Secs. 9, 11, 45 Stat. 465; Mar. 2,
1929, ch. 583, Secs. 9, 11, 45 Stat. 1539; Apr. 19, 1930, ch. 200,
Secs. 9, 11, 46 Stat. 229; June 25, 1935, ch. 309, Secs. 2, 3, 49 Stat.
422; Aug. 19, 1937, ch. 703, Secs. 9, 11, 50 Stat. 702, 703; June 25,
1938, ch. 684, Sec. 2, 52 Stat. 1164; June 28, 1938, ch. 778, Sec. 1, 52
Stat. 1213; Mar. 4, 1940, ch. 40, Sec. 2, 54 Stat. 43; Mar. 6, 1942, ch.
150, Secs. 7, 9, 56 Stat. 135; Mar. 6, 1942, ch. 151, Secs. 7, 9, 56
Stat. 137; Apr. 29, 1942, ch. 264, Secs. 7, 9, 56 Stat. 260, 261; June
5, 1942, ch. 341, Secs. 7, 9, 56 Stat. 319; Apr. 23, 1946, ch. 202,
Sec. 4, 60 Stat. 120; June 24, 1946, ch. 463, Sec. 5, 60 Stat. 303).
Section consolidates provisions of sections 29, 72, 74, 80h, 103,
104, 117h, 117j, 132, 132a, 133, 175, 176, 198h, 198j, 204h, 204j, 256f,
256h, 379, 380, 395h, 395j, 403c-9, 403c-11, 403h-7, 403h-9, 404c-7,
404c-9, 408o and 408q of title 16, Conservation, relating to salary and
fees of park commissioners with changes in arrangement and phraseology
necessary to effect consolidation.
The provisions of some of these sections that the park commissioner
should be ``paid an annual salary, as appropriated for by Congress,
payable quarterly'' were rewritten upon advice of the Judicial
Conference Committee on the Revision of the Judicial Code appointed by
the Chief Justice of the United States, in order to place administration
supervision of commissioners upon the district court and the Judicial
Conference of the United States.
The provisions of some of these sections for deposit of fees, costs,
expenses, fines, and penalties with the clerk of district court were
rewritten to provide merely that he shall account for the same as public
moneys.
The provisions of some of these sections with reference to salaries
of the United States attorney and his assistants and the United States
marshal and his deputies were omitted as covered by sections 508 [now
548] and 552 [see Prior Provisions note for that section] of this title.
Senate Revision Amendment
As finally enacted, section 158d of title 16, U.S.C., which was
derived from act May 15, 1947, ch. 55, Sec. 4, 61 Stat. 91, 92, was an
additional source of this section and was accordingly included by Senate
amendment in the schedule of repeals. See 80th Congress Senate Report
No. 1559.
Amendments
1988--Subsec. (c). Pub. L. 100-702 inserted at end ``A legal
assistant appointed under this section shall be exempt from the
provisions of subchapter I of chapter 63 of title 5, unless specifically
included by the appointing judge or by local rule of court.''
1987--Subsec. (a). Pub. L. 100-202 amended first sentence generally.
Prior to amendment, first sentence read as follows: ``Officers appointed
under this chapter shall receive as full compensation for their services
salaries to be fixed by the conference pursuant to section 633 of this
title, at rates for full-time and part-time United States magistrates
not to exceed 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
except that the salary of a part-time United States magistrate shall not
be less than $100 nor more than one-half the maximum salary payable to a
full-time magistrate.''
1984--Subsec. (a). Pub. L. 98-353, Sec. 108(a), substituted ``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'' for ``the rates now
or hereafter provided for full-time and part-time referees in
bankruptcy, respectively, referred to in section 40a of the Bankruptcy
Act (11 U.S.C. 68(a)), as amended,''.
Subsec. (c). Pub. L. 98-353, Sec. 210, substituted ``subchapter
III'' for ``subsection III''.
1979--Subsec. (c). Pub. L. 96-82 inserted reference to legal
assistants.
1978--Subsec. (a). Pub. L. 95-598 directed the amendment of subsec.
(a) by substituting ``not to exceed $48,500 per annum, subject to
adjustment in accordance with section 225 of the Federal Salary Act of
1967 and section 461 of this title,'' for ``for full-time and part-time
United States magistrates not to exceed the rates now or hereafter
provided for full-time and part-time referees in bankruptcy,
respectively, referred to in section 40a of the Bankruptcy Act (11
U.S.C. 68(a)), as amended,'', which amendment did not become effective
pursuant to section 402(b) of Pub. L. 95-598, as amended, set out as an
Effective Date note preceding section 101 of Title 11, Bankruptcy.
1976--Subsec. (a). Pub. L. 94-520 substituted provision fixing the
maximum annual salary of a part-time magistrate appointed under this
chapter at one-half the maximum salary payable to a full-time magistrate
for a former provision that fixed such annual salaries at $15,000 per
year and provided that the salary of a full-time magistrate was not to
exceed 75% of the annual salary of a United States District Court judge.
1972--Subsec. (a). Pub. L. 92-428 substituted limits of compensation
for full-time and part-time United States magistrates at rates not
exceeding those of full-time and part-time referees in bankruptcy, with
exceptions that the salary of a part-time United States magistrate shall
not be less than $100 nor more than $15,000 per annum and that the
salary of a full-time United States magistrate shall not exceed 75 per
cent of the salary of a judge of a district court of the United States,
for provisions fixing maximum limits for full-time and part-time United
States magistrates at $22,500 and $11,000, respectively, and minimum
limit for part-time United States magistrates at $100 per annum.
1968--Pub. L. 90-578 substituted provisions for compensation of
United States magistrates, comprising subsecs. (a) to (c) of this
section and relating to: limitation on amount of compensation and
consideration of certain factors for its determination; reduction of
salaries of full-time magistrates; and consideration as judicial branch
officers and employees of United States magistrates and necessary
clerical and secretarial assistants, for prior provisions for salaries
of park commissioners and disposition of fees, fines, and costs
collected as public moneys.
Change of Name
Words ``magistrate judges'' and ``magistrate judge'' substituted for
``magistrates'' and ``magistrate'', respectively, wherever appearing in
text pursuant to section 321 of Pub. L. 101-650, set out as a note under
section 631 of this title.
Effective Date of 1987 Amendment
Amendment by Pub. L. 100-202 effective Oct. 1, 1988, and any salary
affected by the amendment to be adjusted at beginning of first
applicable pay period commencing on or after such date, see section
101(a) [title IV, Sec. 408(d)] of Pub. L. 100-202, set out as a note
under section 153 of this title.
Effective Date of 1984 Amendment
Amendment by section 108(a) of Pub. L. 98-353 effective July 10,
1984, see section 122(a) of Pub. L. 98-353, set out as an Effective Date
note under section 151 of this title.
Effective Date of 1968 Amendment
Amendment by Pub. L. 90-578 effective Oct. 17, 1968, except when a
later effective date is applicable, which is the earlier of date when
implementation of amendment by appointment of magistrates [now United
States magistrate judges] and assumption of office takes place or third
anniversary of enactment of Pub. L. 90-578 on Oct. 17, 1968, see section
403 of Pub. L. 90-578, set out as a note under section 631 of this
title.
Salary Increases
1987--Maximum salaries of U.S. magistrates (full-time) and U.S.
magistrates (part-time) increased respectively to $72,500 and $36,200
per annum, on recommendation of the President of the United States, see
note set out under section 358 of Title 2, The Congress.
Continuation of Maximum Rates of Salary of Full-Time and Part-Time
United States Magistrates in Effect on June 27, 1984
Section 108(b) of Pub. L. 98-353 provided that: ``The maximum rates
for salary of full-time and part-time United States magistrates [now
United States magistrate judges] in effect on June 27, 1984, shall
remain in effect until changed as a result of a determination made under
section 634(a) of title 28, United States Code, as amended by this
Act.''
[Section 108(b) of Pub. L. 98-353 effective June 27, 1984, see
section 122(c) of Pub. L. 98-353, set out as an Effective Date note
under section 151 of this title.]
Section Referred to in Other Sections
This section is referred to in section 633 of this title.
