28 U.S.C. § 375 : US Code - Section 375: Recall of certain judges and magistrate judges

Search 28 U.S.C. § 375 : US Code - Section 375: Recall of certain judges and magistrate judges

(a)(1) A bankruptcy judge or a United States magistrate judge
appointed under chapter 43 of this title, who has retired under the
provisions of section 377 of this title or under the applicable
provisions of title 5 upon attaining the age and years of service
requirements established in section 371(c) of this title, may agree
to be recalled to serve under this section for a period of five
years as a bankruptcy judge or magistrate judge, as the case may
be, upon certification that substantial service is expected to be
performed by such retired judge or magistrate judge during such 5-
year period. With the agreement of the judge or magistrate judge
involved, a certification under this subsection may be renewed for
successive 5-year periods.
(2) For purposes of paragraph (1) of this subsection, a
certification may be made, in the case of a bankruptcy judge or a
United States magistrate,(!1) by the judicial council of the
circuit in which the official duty station of the judge or
magistrate at the time of retirement was located.
(3) For purposes of this section, the term "bankruptcy judge"
means a bankruptcy judge appointed under chapter 6 of this title or
serving as a bankruptcy judge on March 31, 1984.
(b) A judge or magistrate judge recalled under this section may
exercise all of the powers and duties of the office of judge or
magistrate judge held at the time of retirement, including the
ability to serve in any other judicial district to the extent
applicable, but may not engage in the practice of law or engage in
any other business, occupation, or employment inconsistent with the
expeditious, proper, and impartial performance of duties as a
judicial officer.
(c) During the 5-year period in which a certification under
subsection (a) is in effect, the judge or magistrate judge involved
shall receive, in addition to the annuity provided under the
provisions of section 377 of this title or under the applicable
provisions of title 5, an amount equal to the difference between
that annuity and the current salary of the office to which the
judge or magistrate judge is recalled. The annuity of a bankruptcy
judge or magistrate judge who completes that 5-year period of
service, whose certification is not renewed, and who retired under
section 377 of this title shall be equal to the salary in effect,
at the end of that 5-year period, for the office from which he or
she retired.
(d) A certification under subsection (a) may be terminated in
accordance with chapter 16 of this title, and such a certification
shall be terminated upon the death of the recalled judge or
magistrate judge involved.
(e) Except as provided in subsection (b), nothing in this section
shall affect the right of judges or magistrate judges who retire
under the provisions of chapter 83 or chapter 84 of title 5 to
serve as reemployed annuitants in accordance with the provisions of
title 5. A judge or magistrate judge to whom this section applies
may be recalled under section 155, 636(h), or 797 of this title, as
the case may be, other than during a 5-year period in which a
certification under subsection (a) is in effect with respect to
that judge or magistrate judge.
(f) For purposes of determining the years of service requirements
in order to be eligible for recall under this section, any service
as a bankruptcy judge or a United States magistrate judge, and any
prior service as a referee in bankruptcy or a United States
commissioner, may be credited.
(g) Except as provided in subsection (c), a judge or magistrate
judge recalled under this section who retired under the applicable
provisions of title 5 shall be considered to be a reemployed
annuitant under chapter 83 or chapter 84, as the case may be, of
title 5.
(h) The Judicial Conference of the United States may promulgate
regulations to implement this section.