28 U.S.C. § 375 — Recall of certain judges and magistrate

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- Page 131 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 376 cuit in which the official duty station of the judge or magistrate at the time of retirement was located; and ‘‘(B) in the case of a judge of the Claims Court, by the chief judge of the United States Claims Court.’’ Subsec. (a)(3). Pub. L. 102–572, § 904(a)(3), amended par. (3) generally. Prior to amendment, par. (3) read as fol- lows: ‘‘For purposes of this section— ‘‘(A) the term ‘bankruptcy judge’ means a bank- ruptcy judge appointed under chapter 6 of this title or serving as a bankruptcy judge on March 31, 1984; and ‘‘(B) the term ‘judge of the Claims Court’ means a judge of the United States Claims Court who is ap- pointed under chapter 7 of this title or who has served under section 167 of the Federal Courts Im- provement Act of 1982.’’ Subsec. (f). Pub. L. 102–572, § 904(a)(4), struck out ‘‘, a judge of the Claims Court,’’ after ‘‘bankruptcy judge’’ and ‘‘, a commissioner of the Court of Claims,’’ after ‘‘referee in bankruptcy’’. 1990—Subsec. (a)(1). Pub. L. 101–650 substituted ‘‘sec- tion 377 of this title’’ for ‘‘section 377 of title’’. 1988—Subsec. (a)(1). Pub. L. 100–659, § 4(b)(1), inserted ‘‘under the provisions of section 377 of title or’’ after ‘‘has retired’’. Subsec. (c). Pub. L. 100–659, § 4(b)(2), inserted ‘‘under the provisions of section 377 of this title or’’ after ‘‘an- nuity provided’’ and inserted at end ‘‘The annuity of a bankruptcy judge or magistrate who completes that 5- year period of service, whose certification is not re- newed, 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 re- tired.’’ Subsec. (g). Pub. L. 100–659, § 4(b)(3), inserted ‘‘who re- tired under the applicable provisions of title 5’’ after ‘‘section’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Words ‘‘magistrate judge’’ and ‘‘magistrate judges’’ substituted for ‘‘magistrate’’ and ‘‘magistrates’’, re- spectively, wherever appearing in section catchline and text pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of this title. EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–659 effective Nov. 15, 1988, and applicable to bankruptcy judges and magistrate judges who retire on or after Nov. 15, 1988, with excep- tion for judges and magistrate judges retiring on or after July 31, 1987, see section 9 of Pub. L. 100–659, as amended, set out as an Effective Date note under sec- tion 377 of this title. EFFECTIVE DATE Section effective Jan. 1, 1987, see section 203 of Pub. L. 99–651, set out as an Effective Date of 1986 Amend- ment note under section 155 of this title. § 376. Annuities for survivors of certain judicial officials of the United States (a) For the purposes of this section— (1) ‘‘judicial official’’ means: (A) a Justice or judge of the United States, as defined by section 451 of this title; (B) a judge of the District Court of Guam, the District Court of the Northern Mariana Islands, or the District Court of the Virgin Islands; (C) a Director of the Administrative Office of the United States Courts, after he or she has filed a waiver under subsection (a) of section 611 of this title; (D) a Director of the Federal Judicial Cen- ter, after he or she has filed a waiver under subsection (a) of section 627 of this title; (E) a Counselor to the Chief Justice of the United States, after he or she has filed a waiver in accordance with both subsection (a) of section 677 and subsection (a) of sec- tion 611 of this title; (F) a full-time bankruptcy judge or a full- time United States magistrate judge; or (G) a judge of the United States Court of Federal Claims; who notifies the Director of the Administra- tive Office of the United States Courts in writ- ing of his or her intention to come within the purview of this section within six months after (i) the date upon which he or she takes office, (ii) the date upon which he or she marries, (iii) January 1, 1977, (iv) October 1, 1986, (v) the date of the enactment of the Retirement and Survivors’ Annuities for Bankruptcy Judges and Magistrates Act of 1988, in the case of a full-time bankruptcy judge or United States magistrate judge in active service on that date, (vi) the date of the enactment of the Federal Courts Study Committee Implementa- tion Act of 1990, in the case of a full-time judge of the Court of Federal Claims in active service on that date, or (vii) the date of the enactment of the Federal Courts Administra- tion Act of 1992; (2) ‘‘retirement salary’’ means: (A) in the case of a Justice or judge of the United States, as defined by section 451 of this title, salary paid (i) after retirement from regular active service under subsection (b) of section 371 or subsection (a) of section 372 of this title, or (ii) after retirement from office by resignation on salary under sub- section (a) of section 371 of this title; (B) in the case of a judge of the District Court of Guam, the District Court of the Northern Mariana Islands, or the District Court of the Virgin Islands, (i) an annuity paid under subsection (a) of section 373 of this title or (ii) compensation paid under paragraph (4) of subsection (c) of section 373 of this title; (C) in the case of a Director of the Admin- istrative Office of the United States Courts, an annuity paid under subsection (b) or (c) of section 611 of this title; (D) in the case of a Director of the Federal Judicial Center, an annuity paid under sub- section (b) or (c) of section 627 of this title; (E) in the case of a Counselor to the Chief Justice of the United States, an annuity paid in accordance with both subsection (a) of section 677 and subsection (a) of section 611 of this title; (F) in the case of a bankruptcy judge or United States magistrate judge, an annuity paid under section 377 of this title; and (G) in the case of a judge of the United States Court of Federal Claims, an annuity paid under section 178 of this title; (3) ‘‘widow’’ means the surviving wife of a ‘‘judicial official’’, who: