Page:United States Statutes at Large Volume 103 Part 2.djvu/760

 103 STAT. 1770 PUBLIC LAW 101-194—NOV. 30, 1989 SEC. 705. WORK PERFORMED BY SENIOR JUDGES IN ORDER TO RECEIVE CERTAIN SALARY INCREASES. (a) IN GENERAL.— Section 371 of title 28, United States Code, is amended— (1) in subsection (b)— (A) by inserting "(D" after "(b)"; (B) by inserting "or her" after "his"; and (C) by striking the period and inserting the following: "if he or she meets the requirements of subsection (f). "(2) In a case in which a justice or judge who retires under paragraph (1) does not meet the requirements of subsection (f), the justice or judge shall continue to receive the salary that he or she was receiving when he or she was last in active service or, if a certification under subsection (f) was made for such justice or judge, when such a certification was last in effect. The salary of such justice or judge shall be adjusted under section 461 of this title."; and (2) by adding at the end the following new subsection: "(fKD In order to continue receiving the salary of the office under subsection (b), a justice must be certified in each calendar year by the Chief Justice, and a judge must be certified by the chief judge of the circuit in which the judge sits, as having met the requirements set forth in at least one of the following subparagraphs: "(A) The justice or judge must have carried in the preceding calendar year a caseload involving courtroom participation which is equal to or greater than the amount of work involving courtroom participation which an average judge in active serv- ice would perform in three months. In the instance of a justice or judge who has sat on both district courts and courts of appeals, the Caseload of appellate work and trial work shall be determined separately and the results of those determinations added together for purposes of this paragraph. "(B) The justice or judge performed in the preceding calendar year substantial judicial duties not involving courtroom partici- pation under subparagraph (A), including settlement efforts, motion decisions, writing opinions in cases that have not been orally argued, and administrative duties for the court to which the justice or judge is assigned. Any certification under this subparagraph shall include a statement describing in detail the nature and amount of work and certifying that the work done is equal to or greater than the work described in this subpara- graph which an average judge in active service would perform in three months. "(C) The justice or judge has, in the preceding calendar year, performed work described in subparagraphs (A) and (B) in an amount which, when calculated in accordance with such sub- paragraphs, in the aggregate equals at least 3 months work. "(D) The justice or judge has, in the preceding calendar year, performed substantial administrative duties directly related to the operation of the courts, or has performed substantial duties for a Federal or State governmental entity. A certification under this subparagraph shall specify that the work done is equal to the full-time work of an employee of the judicial branch. "(E) The justice or judge was unable in the preceding calendar year to perform judicial or administrative work to the extent

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