28 U.S.C. § 374 — Residence of retired judges; official station

Page 129 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 374 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 re- lated to District Court for Territory of Alaska. See sec- tion 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 continu- ously or otherwise, changed period of service in connec- tion with retirement at age 70, and reduced from 70 to 65 years the age requirement in connection with pay- ment 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. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1986 AMENDMENT Pub. L. 99–396, § 21(c), Aug. 27, 1986, 100 Stat. 846, pro- vided 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 re- tired 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 re- quired 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 Posses- sions. ELECTION, RECALL, STATUS, COMPENSATION, CONDUCT, AND TERMINATION OF SENIOR JUDGES Pub. L. 98–454, title X, § 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 enti- tled 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 per- forming 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 judge- ships 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 there- after— ‘‘(1) accepts civil office or employment under the Government of the United States (other than the per- formance 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 re- call 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 res- ignation, retirement, or failure of reappointment of any district judge for the District of Puerto Rico in of- fice 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 Pub. L. 86–3, § 14(d), Mar. 18, 1959, 73 Stat. 10, provided in part: ‘‘That the amendments made by this sub- section shall not affect the rights of any judge or jus- tice 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 Pub. L. 85–508, § 12(d), July 7, 1958, 72 Stat. 348, pro- vided in part: ‘‘That the amendment made by this sub- section 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 sec- tion 371 of this title. § 374. Residence of retired judges; official station Retired judges of the United States are not subject to restrictions as to residence. The place where a retired judge maintains the actual abode in which he customarily lives shall be deemed to be his official station for the purposes of section 456 of this title. The place where a judge or magistrate judge recalled under section 155, 375, 636, or 797 of this title maintains the ac- tual abode in which the judge or magistrate judge customarily lives shall be deemed to be the official station of such judge or magistrate judge for purposes of section 604(a)(7) of this title. (June 25, 1948, ch. 646, 62 Stat. 904; Pub. L. 86–312, § 1, Sept. 21, 1959, 73 Stat. 587; Pub. L. 99–651, title II, § 202(b), Nov. 14, 1986, 100 Stat. 3648; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 402 (Feb. 11, 1938, ch. 23, 52 Stat. 28). Sections 44 and 133 of this title require that active circuit and district judges shall reside in the circuit or district to which appointed. Changes were made in phraseology. Page 130 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 375 1 So in original. Probably should be ‘‘United States magistrate judge,’’. Editorial Notes AMENDMENTS 1986—Pub. L. 99–651 inserted last sentence. 1959—Pub. L. 86–312 inserted sentence to provide that place where retired judge maintains actual abode shall be deemed to be his official station and inserted ‘‘; official station’’ in section catchline. Statutory Notes and Related Subsidiaries CHANGE OF NAME Words ‘‘magistrate judge’’ substituted for ‘‘mag- istrate’’ 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 1986 AMENDMENT Amendment by Pub. L. 99–651 effective Jan. 1, 1987, see section 203 of Pub. L. 99–651, set out as a note under section 155 of this title. § 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 applica- ble 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 re- called 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 per- formed by such retired judge or magistrate judge during such 5-year period. With the agree- ment of the judge or magistrate judge involved, a certification under this subsection may be re- newed for successive 5-year periods. (2) For purposes of paragraph (1) of this sub- section, a certification may be made, in the case of a bankruptcy judge or a United States mag- istrate,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 lo- cated. (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 perform- ance of duties as a judicial officer. (c) During the 5-year period in which a certifi- cation under subsection (a) is in effect, the judge or magistrate judge involved shall receive, in addition to the annuity provided under the pro- visions 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 com- pletes that 5-year period of service, whose cer- tification is not renewed, and who retired under section 377 of this title shall be equal to the sal- ary 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 termi- nated upon the death of the recalled judge or magistrate judge involved. (e) Except as provided in subsection (b), noth- ing 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 mag- istrate 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 bank- ruptcy judge or a United States magistrate judge, and any prior service as a referee in bank- ruptcy 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 provi- sions of title 5 shall be considered to be a reem- ployed annuitant under chapter 83 or chapter 84, as the case may be, of title 5. (h) The Judicial Conference of the United States shall promulgate regulations to imple- ment this section. (Added Pub. L. 99–651, title II, § 201(b)(1), Nov. 14, 1986, 100 Stat. 3647; amended Pub. L. 100–659, § 4(b), Nov. 15, 1988, 102 Stat. 3918; Pub. L. 101–650, title III, §§ 321, 325(b)(2), Dec. 1, 1990, 104 Stat. 5117, 5121; Pub. L. 102–572, title IX, § 904(a), Oct. 29, 1992, 106 Stat. 4517; Pub. L. 107–273, div. C, title I, § 11043(d), Nov. 2, 2002, 116 Stat. 1855; Pub. L. 116–325, § 5, Jan. 12, 2021, 134 Stat. 5094.) Editorial Notes PRIOR PROVISIONS A prior section 375, added Aug. 28, 1954, ch. 1053, § 1, 68 Stat. 918; amended Aug. 3, 1956, ch. 944, § 1(b), 70 Stat. 1021; Aug. 22, 1972, Pub. L. 92–397, § 1, 86 Stat. 579, pro- vided for annuities to widows of justices, prior to repeal by Pub. L. 96–504, § 5, Dec. 5, 1980, 94 Stat. 2742. AMENDMENTS 2021—Subsec. (h). Pub. L. 116–325 substituted ‘‘shall’’ for ‘‘may’’. 2002—Subsec. (d). Pub. L. 107–273 substituted ‘‘chapter 16’’ for ‘‘section 372(c)’’. 1992—Subsec. (a)(1). Pub. L. 102–572, § 904(a)(1), struck out ‘‘, a judge of the Claims Court,’’ after ‘‘A bank- ruptcy judge’’ and ‘‘, judge of the Claims Court,’’ after ‘‘a bankruptcy judge’’. Subsec. (a)(2). Pub. L. 102–572, § 904(a)(2), amended par. (2) generally. Prior to amendment, par. (2) read as fol- lows: ‘‘For purposes of paragraph (1) of this subsection, a certification may be made— ‘‘(A) in the case of a bankruptcy judge or a United States magistrate, by the judicial council of the cir-