Territorial Judgeship Retirement Equity Act of 2021
This bill lowers the age and service requirements for a district court judge in Guam, the Northern Mariana Islands, or the Virgin Islands to receive a retirement annuity and be eligible to serve as a senior judge.
Under the bill, a district court judge in one of these territories may receive a retirement annuity after having served for at least 10 years and reaching 50 years of age, along with meeting other requirements. A retiring judge may serve as a senior judge if the judge (1) has served for at least 15 years, or (2) has served for at least 10 years and is at least 65 years old. Current law generally requires a higher age and, in certain cases, a longer length of service before a district court judge in one of these territories may receive an annuity and obtain senior status.
The bill also lowers various requirements for such a district court judge to receive an annuity if the judge retired, or was removed, due to a disability.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 282 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 282
To amend certain retirement provisions for judges serving in
territorial district courts, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 12, 2021
Mr. San Nicolas (for himself, Ms. Plaskett, and Mr. Sablan) introduced
the following bill; which was referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To amend certain retirement provisions for judges serving in
territorial district courts, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Territorial Judgeship Retirement
Equity Act of 2021''.
SEC. 2. RETIREMENT FOR JUDGES IN TERRITORIES AND POSSESSIONS.
(a) Judges in Territories and Possessions.--Section 373 of title
28, United States Code, is amended--
(1) by striking subsection (a) and redesignating subsection
(b) as subsection (a);
(2) in subsection (a), as redesignated by paragraph (1), by
striking ``The age and service requirements for retirement
under subsection (a) of this section'' and inserting ``In
General--A 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 this subsection shall during the remainder of the
judge's lifetime receive an annuity equal to the salary the
judge is receiving at the time the judge retires. The age and
service requirements for retirement under this subsection'';
(3) by inserting after subsection (a), as redesignated by
paragraph (1), the following new subsection:
``(b) Special Rule for Retirement for Judges in Territories and
Possessions.--
``(1) In general.--Notwithstanding subsection (a), a 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 not reappointed following the expiration of the
term of office of such judge, and who retires upon the
completion of such term shall, upon attaining the age of fifty
years and during the remainder of the judge's lifetime, receive
an annuity equal to the salary the judge is receiving at the
time the judge retires, if--
``(A) such judge has served a term of ten years as
a judge on a court identified in this subsection; and
``(B) such judge advised the President, in writing,
that they are willing to accept reappointment as a
judge on the court on which the judge is serving--
``(i) not earlier than nine months and not
later than six months before the date that is
ten years after the date on which the judge was
appointed to the court on which the judge is
serving; and
``(ii) not later than sixty days after each
Congress is convened following the Congress
that is in session at the time of the initial
notification required under clause (i).
A judge or former judge who is receiving an annuity
pursuant to this subsection and who thereafter accepts
compensation for civil office or employment by the
Government of the United States (other than the
performance of judicial duties pursuant to recall under
subsection (c)) or in the practice of law represents
(or supervises or directs the representation of) a
client in making any civil claim against the United
States or any agency thereof shall forfeit all rights
to an annuity under this subsection for the period in
which such compensation is received or legal
representation is undertaken.
``(2) Application date.--
``(A) In general.--A judge of the District Court of
Guam, the District Court of the Northern Mariana
Islands, or the District Court of the Virgin Islands,
in active service, shall be subject to the requirements
of this subsection beginning on January 1, 2019.
``(B) Exception to advice requirement.--A judge of
the District Court of Guam, the District Court of the
Northern Mariana Islands, or the District Court of the
Virgin Islands, in active service on January 1, 2019,
shall be deemed to have met the advice requirement
under paragraph (1)(B).'';
(4) in subsection (c)--
(A) in the matter preceding paragraph (1) by
inserting ``Requirements for Senior Judge'';
(B) in paragraph (1)--
(i) by striking ``Any'' and inserting
``A''; and
(ii) by striking ``this section may elect
to become a senior judge of the court upon
which he served before retiring.'' and
inserting ``subsection (a) or (b), with 15
years or more of judicial service (whether
continuous or otherwise), may elect to become a
senior judge of the court upon which the judge
served before retiring. Any judge or former
judge who is receiving an annuity pursuant to
subsection (b), with less than 15 years of
judicial service (whether continuous or
otherwise), may elect to become a senior judge
of the court upon which the judge served before
retiring upon attaining the age of sixty-five
years.'';
(C) in paragraph (2), by striking ``he'' and
inserting ``the judge'';
(D) in paragraph (3), by striking ``he'' and
inserting ``the senior judge'';
(E) in paragraph (4)--
(i) by striking ``Any'' and inserting
``A''; and
(ii) by striking ``subsection (a) of this
section'' and inserting ``subsection (a) or
(b)''; and
(F) in paragraph (5), by striking ``Any'' and
inserting ``A'';
(5) in subsection (d), by striking ``Any'' and inserting
``Employment of Senior Judge--A'';
(6) in subsection (f), by striking ``Service'' and
inserting ``Computation of Aggregate Judicial Service--
Service'';
(7) in subsection (e)--
(A) by striking ``Any'' and inserting ``Mental or
Physical Disability--A'';
(B) by striking ``who is removed by the President
of the United States'' and inserting ``who has served
at least five years (whether continuous or otherwise)
and who retires or is removed from office'';
(C) by striking ``or who is not reappointed (as
judge of such court),'';
(D) by striking ``, 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,'';
(E) by striking ``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.''
and inserting ``the judge's lifetime--''; and
(F) by adding at the end the following new
paragraphs:
``(1) an annuity equal to 50 percent of the salary payable
to a judge on a court identified in this subsection in regular
active service, if before retirement or removal such judge
served less than 10 years; or
``(2) an annuity equal to the salary payable to a judge on
a court identified in this subsection in regular active
service, if before retirement or removal such judge served at
least 10 years.''; and
(8) in subsection (g)--
(A) by striking ``Any retired judge'' and inserting
``Cost of Living Adjustment--A retired judge'';
(B) by striking ``under subsection (a)'' and
inserting ``under subsection (a) or (b), with at least
15 years of judicial service (whether continuous or
otherwise), or is entitled to receive an annuity under
subsection (e)'';
(C) by striking ``him'' and inserting ``such
judge''; and
(D) by striking ``95'' and inserting ``100''.
(b) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Courts, Intellectual Property, and the Internet.
Subcommittee on Courts, Intellectual Property, and the Internet Discharged.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Voice Vote.
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