Page:United States Statutes at Large Volume 68 Part 1.djvu/45

 68 S T A T. ]

PUBLIC LAW 2 9 4 - F E B. 10, 1954

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"§ 372. Retirement for disability; substitute judge on failure to retire. " (a) Any justice or judge of the United States appointed to hold office during good behavior who becomes permanently disabled from performing his duties may retire from regular active service, and the President shall, by and with the advice and consent of the Senate, appoint a successor. "Any justice or judge of the United States desiring to retire under this section shall certify to the President his disability in writing. "Whenever an associate justice of the Supreme Court, a chief judge of a circuit or the chief judge of the Court of Claims, Court of Customs and Patent Appeals, or Customs Court, desires to retire under this section, he shall furnish to the President a certificate of disability signed by the Chief Justice of the United States. "A circuit or district judge, desiring to retire under this section, shall furnish to the President a certificate of disability signed by the chief judge of his circuit. "A judge of the Court of Claims, Court of Customs and Patent Appeals, or Customs Court desiring to retire under this section, shall furnish to the President a certificate of disability signed by the chief judge of his court. "Each justice or judge retiring under this section after serving ten years continuously or otherwise shall, during the remainder of his lifetime, receive the salary of the office. A justice or judge retiring under this section who has served less than ten years in all shall, during the remainder of his lifetime, receive one-half the salary of the office." (b) The analysis of chapter IT of title 28, United States Code, immediately preceding § 371 of such title, is amended by striking out the items "371. Resignation or retirement for age; substitute judge on failure to retire." and "372. Retirement for disability.", and inserting in lieu thereof the following: "371. Kesignation or retirement for age. "372. Retirement for disability; substitute judge on failure to retire."

SEC. 5. Section 373 of title 28, United States Code, is amended to read as follows; "§ 373. Judges in Territories and Possessions. "Any judge of the United States District Courts for the Districts of Hawaii or Puerto Rico, the District Court for the Territory of Alaska, the United States District Court for the District of the Canal 2k)ne, the District Court of Guam, or the District Court of the Virgin Islands, and any justice of the Supreme Court of the Territory of Hawaii who resigns after attaining the age of seventy years and after serving at least ten j^ears, continuously or otherwise, or after attaining the age of sixty-five years and after serving at least fifteen years, continuously or otherwise, shall continue during the remainder of his life to receive the salary he received when he relinquished office. "Any ]udge of any such courts who is removed by the President of the United States upon the sole ground of mental or physical disability, or who fails of reappointment, shall be entitled, upon attaining the age of sixty-five years or upon relinquishing office if he is then beyond the age of sixty-five years, (a) if his judicial service aggregated sixteen years or more, to receive during the remainder of his life the salary he received M'hen he relinquished office, or (b) if his judicial service aggregated less than sixteen years but not less than ten years, to receive during the remainder of his life that proportion of such salary ^yhich the aggregate number of years of his judicial service bears to sixteen.

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