I 
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 Representa-
tives 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— 
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(1) by striking subsection (a) and redesignating 
subsection (b) as subsection (a); 
(2) in subsection (a), as redesignated by para-
graph (1), by striking ‘‘The age and service require-
ments 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 require-
ments (whether continuous or otherwise) of this sub-
section 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 redesig-
nated by paragraph (1), the following new sub-
section: 
‘‘(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 Dis-
trict Court of the Northern Mariana Islands, or the 
District Court of the Virgin Islands, who is not re-
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appointed following the expiration of the term of of-
fice of such judge, and who retires upon the comple-
tion 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 re-
appointment 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 an-
nuity pursuant to this subsection and who 
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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 sub-
section (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 for-
feit all rights to an annuity under this sub-
section for the period in which such compensa-
tion is received or legal representation is under-
taken. 
‘‘(2) APPLICATION DATE.— 
‘‘(A) IN GENERAL.—A judge of the Dis-
trict 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 sub-
section beginning on January 1, 2019. 
‘‘(B) EXCEPTION
TO
ADVICE
REQUIRE-
MENT.—A judge of the District Court of Guam, 
the District Court of the Northern Mariana Is-
lands, or the District Court of the Virgin Is-
lands, in active service on January 1, 2019, 
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shall be deemed to have met the advice require-
ment 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 in-
serting ‘‘subsection (a) or (b), with 15 
years or more of judicial service (whether 
continuous or otherwise), may elect to be-
come 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 retir-
ing upon attaining the age of sixty-five 
years.’’; 
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(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 in-
serting ‘‘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’’; 
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