Territorial Judgeship Retirement Equity Act of 2021
Bill: H.R.282 | Sponsor: Del. San Nicolas, Michael F. Q. (D-GU)
Policy area: Law

Summary:
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.

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.
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