§ 375. Recall of certain judges and magistrate judges

1,372 words·~6 min read·/usc/title-28/section-375

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(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 shall promulgate regulations to implement 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.)

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