Page:United States Statutes at Large Volume 100 Part 5.djvu/173

From Wikisource
Jump to: navigation, search
This page needs to be proofread.
PUBLIC LAW 99-000—MMMM. DD, 1986

PUBLIC LAW 99-651—NOV. 14, 1986

100 STAT. 3647

(2) Section 636 of title 28, United States Code, is amended by adding at the end the following: "(h) A United States magistrate who has retired may, upon the consent of the chief judge of the district involved, be recalled to serve as a magistrate in any judicial district by the judicial council of the circuit within which such district is located. Upon recall, a magistrate may receive a salary for such service in accordance with regulations promulgated by the Judicied Conference, subject to the restrictions on the payment of an annuity set forth in subchapter III of chapter 83, and chapter 84, of title 5. The requirements set forth 5 USC 8331; ante. in subsections (a), (b)(3), and (d) of section 631, and paragraph (1) of P- 516. subsection (h) of such section to the extent such paragraph requires '^' P' " • membership of the bar of the location in which an individual is to serve as a magistrate, shall not apply to the recall of a retired magistrate under this subsection or section 375 of this title. Any Js other requirement set forth in section 631(b) shall apply to the recall 3^' of a retired magistrate under this subsection or section 375 of this title unless such retired magistrate met such requirement upon appointment or reappointment as a magistrate under section 631.". (b) ALTERNATIVE RECALL OF CERTAIN JUDGES AND MAGISTRATES.—

(1) Chapter 17 of title 28, United States Code, is amended by inserting after section 374 the following new section: "§ 375. Recall of certain judges and magistrates "(a)(1) A bankruptcy judge, a judge of the Claims Court, or a United States magistrate appointed under chapter 43 of this title, who has retired 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, judge of the Claims Court, or magistrate, as the case may be, upon certification that substantial service is expected to be performed by such retired judge or magistrate during such 5-year period. With the agreement of the judge or m s ^ s t r a t e 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— "(A) in the case of a bankruptcy judge or a United States magistrate, 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; and "(B) in the case of a judge of the Claims Court, by the chief judge of the United States Claims C!ourt. "(3) For purposes of this section— "(A) 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; and "(B) the term 'judge of the Claims (Dourt' means a judge of the United States Claims Court who is appointed under chapter 7 of this title or who has served under section 167 of the Federal Courts Improvement Act of 1982. "(b) A judge or m s ^ t r a t e recalled under this section may exercise all of the powers and duties of the office of judge or magistrate held at the time of retirement, including the ability to serve in any other judicial district to the extent applicable, but may not engg^e in the practice of law or engage in any other business, occupation, or

28 USC 631 etseq.

^•g$H

28 USC 151 «' ««928 USC 171 fsu%r ^RInaTK'^^*®' 28 USC 375.