28 U.S.C. § 373 : US Code - Section 373: Judges in territories and possessions

Search 28 U.S.C. § 373 : US Code - Section 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.