333 of this title and shall serve as a member of the conference for three successive years, except that in the year following the enactment of this amended section the judges in the first, fourth, seventh, and tenth circuits shall choose a district judge to serve for one year, the judges in the second, fifth, and eighth circuits shall choose a district judge to serve for two years and the judges in the third, sixth, ninth, and District of Columbia circuits shall choose a district judge to serve for three years. If the chief judge of any circuit or the district judge chosen by the judges of the circuit is unable to attend, the Chief Justice may summon any other circuit or district judge from such circuit. If the chief judge of the Court of Claims, or the chief judge of the Court of Customs and Patent Appeals is unable to attend, the Chief Justice may summon an associate judge of such court. Every judge summoned shall attend and, unless excused by the Chief Justice, shall remain throughout the sessions of the conference and advise as to the needs of his circuit or court and as to any matters in respect of which the administration of justice in the courts of the United States may be improved. Provision as to time and place for holding conference was omitted as unnecessary since the Chief Justice is vested with discretionary power to designate the time and place under the language retained. The references to "chief judge" are in harmony with other sections of this title. (See Reviser's Note under section 136 of this title.) Provision for stated annual reports by the chief judge of the district was omitted as obsolete and unnecessary in view of sections 332 and 333 of this title. The conference shall make a comprehensive survey of the condition of business in the courts of the United States and prepare plans for assignment of judges to or from circuits or districts where necessary, and shall submit suggestions to the various courts, in the interest of uniformity and expedition of business. The last paragraph is new and is inserted to authorize the communication to Congress of information which now reaches that body only because incorporated in the annual report of the Attorney General. Numerous changes were made in phraseology and arrangement. AMENDMENTS 1961-Pub. L. 87-253 provided for the summoning to the judicial conference of the chief judge of the Court of Customs and Patent Appeals, and if he is unable to attend, for the summoning of an associate judge of such court. 1958-Pub. L. 85-513 inserted paragraph requiring a continuous study of the operation and effect of the general rules of practice and procedure. 1957-Pub. L. 85-202 provided generally in first three pars. for the representation of district judges on the Judicial Conference. 1956-Act July 9, 1956, inserted par. relating to participation of Court of Claims judges. The Conference shall also carry on a continuous study of the operation and effect of the general rules of practice and procedure now or hereafter in use as prescribed by the Supreme Court for the other courts of the United States pursuant to law. Such changes in and additions to those rules as the Conference may deem desirable to promote simplicity in procedure, fairness in administration, the just determination of litigation, and the elimination of unjustifiable expense and delay shall be recommended by the Conference from time to time to the Supreme Court for its consideration and adoption, modification or rejection, in accordance with law. The Attorney General shall, upon request of the Chief Justice, report to such conference on matters relating to the business of the several courts of the United States, with particular reference to cases to which the United States is a party. CROSS REFERENCES Annuities to widows and surviving dependent children of judges, review by Judicial Conference of the United States of questions of dependency and disability, see section 376 (h) of this title. Pretermission of regular term or session of court of appeals with consent of Judicial Conference of the United States, see section 48 of this title. § 332. Judicial councils. The chief judge of each circuit shall call, at least twice in each year and at such places as he may designate, a council of the circuit judges for the circuit, in regular active service, at which he shall preside. Each circuit judge, unless excused by the chief judge, shall attend all sessions of the council. The Chief Justice shall submit to Congress an annual report of the proceedings of the Judicial Conference and its recommendations for legislation. (June 25, 1948, ch. 646, 62 Stat. 902; July 9, 1956, ch. 517, § 1 (d), 70 Stat. 497; Aug. 28, 1957, Pub. L. 85-202, 71 Stat. 476; July 11, 1958, Pub. L. 85-513, 72 Stat. 356; Sept. 19, 1961, Pub. L. 87–253, §§ 1, 2, 75 Stat. 521.) LEGISLATIVE HISTORY Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 218 (Sept. 14, 1922, ch. 306, § 2, 42 Stat. 838; July 5, 1937, ch. 427, 50 Stat. 473). 22 The council shall be known as the Judicial Council of the circuit. The chief judge shall submit to the council the quarterly reports of the Director of the Administrative Office of the United States Courts. The council shall take such action thereon as may be necessary. Provisions as to associate Justice acting when Chief Justice is disabled are omitted as unnecessary in view of section 3 of this title giving senior associate justice power to act upon the disability of the Chief Justice. The provision of section 218 of title 28, U. S. C., 1940 ed., as to traveling expenses is incorporated in section 456 of this title. Each judicial council shall make all necessary orders for the effective and expeditious administration of the business of the courts within its circuit. The district judges shall promptly carry into effect all orders of the judicial council. (June 25, 1948, ch. 646, 62 Stat. 902; Nov. 13, 1963, Pub. L. 88–176, § 3, 77 Stat. 331.) LEGISLATIVE HISTORY Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 448 (Mar. 3, 1911, ch. 231, § 306, as added Aug. 7, 1939, ch. 501, § 1, 53 Stat. 1223). The final sentence of section 448 of title 28, U. S. C., 1940 ed., excepting from the operation of said section the provisions of existing law as to assignment of district Judges outside their districts, was omitted as surplusage, since there is nothing in this section in conflict with section 292 of this title providing for such assignments. The requirement for attendance of circuit judges, unless excused by the chief Judge, was included in conformity with a similar provision of section 331 of this title. Changes in phraseology were made. AMENDMENTS 1963-Pub. L. 88-176 inserted "regular" preceding "active service" in first paragraph. §333. Judicial conferences of circuits. The chief judge of each circuit shall summon annually the circuit and district judges of the circuit, in active service, to a conference at a time and place that he designates, for the purpose of considering the business of the courts and advising means of improving the administration of justice within such circuit. He shall preside at such conference, which shall be known as the Judicial Conference of the circuit. The judges of the United States District Court for the District of the Canal Zone, the District Court of Guam, and the District Court of the Virgin Islands shall also be summoned annually to the conferences of their respective circuits. Every judge summoned shall attend, and unless excused by the chief Judge, shall remain throughout the conference. The court of appeals for each circuit shall provide by its rules for representation and active participation at such conference by members of the bar of such circuit. (June 25, 1948, ch. 646, 62 Stat. 903, eff. Sept. 1, 1948; Dec. 29, 1950, ch. 1185, 64 Stat. 1128; Oct. 31, 1951, ch. 655, § 38, 65 Stat. 723; July 7, 1958, Pub. L. 85-508, § 12 (e), 72 Stat. 348.) LEGISLATIVE HISTORY Reviser's Note.-Based on title 28, U. S. C., 1940 ed., | 449, 450 (Mar. 3, 1911, ch. 231, §§ 307, 308, as added Aug. 7, 1939, ch. 501, § 1, 53 Stat. 1223). Section consolidates parts of sections 449 and 450 of title 28, U. S. C., 1940 ed. Said section 450 contained definitions of "courts" and "continental United States," and directions that sections 444-450 of title 28, U. S. C., 1940 ed., relating to the administration of United States courts, should apply to the courts of appeals, the United States Court of Appeals for the District of Columbia and to the several enumersted district courts of the United States, including those in the Territories and Possessions as well as the Court of Claims, Court of Customs and Patent Appeals, and Customs Court. It also provided that the Chief Justice and associate justices of the Court of Appeals for the District of Columbia should have the powers of the senior judge and circuit judges, respectively, of a circuit court of appeals. The revised section omits, as surplusage, the definition of "continental United States." Other provisions of section 450 of title 28, U. S. C., 1940 ed., referred to were cmitted as unnecessary in view of section 604 of this title which provides for the powers and duties of the Director of the Administrative Office of the United States Courts. Remaining provisions of said section 450 are incorporated in said section 604 and section 610 of this title. The provision as to travel and subsistence which was contained in said section 449 of title 28, U. S. C., 1940 ed., is incorporated in section 456 of this title. AMENDMENTS 1958 Pub. L. 85-508 eliminated provisions which required the judge of the District Court for the Territory Alaska to be summoned annually to the conference of his circuit. See section 81A of this title which estabBabes a United States District Court for the State of Alaska. 1951-Act Oct. 31, 1951, inserted reference to the judge of the District Court of Guam in first par. 1950 Act Dec.. 29, 1950, provided for the presence of the judges of the District Courts of Alaska, Canal Zone, and the Virgin Islands at annual conferences within their respective circuits. EFFECTIVE DATE OF 1958 AMENDMENT Amendment of section by Pub. L. 85-508 effective Jan. 1, 1959, upon admission of Alaska into the Union pursuant to Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85-508, see notes set out under section 81A of this title and preceding section 21 of Title 48, Territories and Insular Possessions. § 334. Institutes and joint councils on sentencing. (a) In the interest of uniformity in sentencing procedures, there is hereby authorized to be established under the auspices of the Judicial Conference of the United States, institutes and joint councils on sentencing. The Attorney General and/or the chief judge of each circuit may at any time request, through the Director of the Administrative Office of the United States Courts, the Judicial Conference to convene such institutes and joint councils for the purpose of studying, discussing, and formulating the objectives, policies, standards, and criteria for sentencing those convicted of crimes and offenses in the courts of the United States. The agenda of the institutes and joint councils may include but shall not be limited to: (1) The development of standards for the content and utilization of presentence reports; (2) the establishment of factors to be used in selecting cases for special study and observation in prescribed diagnostic clinics; (3) the determination of the importance of psychiatric, emotional, sociological and physiological factors involved in crime and their bearing upon sentences; (4) the discussion of special sentencing problems in unusual cases such as treason, violation of public trust, subversion, or involving abnormal sex behavior, addiction to drugs or alcohol, and mental or physical handicaps; (5) the formulation of sentencing principles and criteria which will assist in promoting the equitable administration of the criminal laws of the United States. (b) After the Judicial Conference has approved the time, place, participants, agenda, and other arrangements for such institutes and joint councils, the chief judge of each circuit is authorized to invite the attendance of district judges under conditions which he thinks proper and which will not unduly delay the work of the courts. (c) The Attorney General is authorized to select and direct the attendance at such institutes and meetings of United States attorneys and other officials of the Department of Justice and may invite the participation of other interested Federal officers. He may also invite specialists in sentencing methods, criminologists, psychiatrists, penologists, and others to participate in the proceedings. (d) The expenses of attendance of judges shall be paid from applicable appropriations for the judiciary of the United States. The expenses connected with the preparation of the plans and agenda for the conference and for the travel and other expenses incident to the attendance of officials and other participants invited by the Attorney General shall be paid from applicable appropriations of the Department of Justice. (Added Pub. L. 85-752, § 1, Aug. 25, 1958, 72 Stat. 845.) SENTENCING PROCEDURES Section 7 of Pub. L. 85-752 provided that: "This Act [adding this section and sections 4208 and 4209 of Title 18 and section 4208 note of Title 18] does not apply to any offense for which there is provided a mandatory penalty." 1959-Pub. L. 86-312, § 2, Sept. 21, 1959, 73 Stat. 587, inserted"; official station" in item 374. 1956 Act Aug. 3, 1956, ch. 944, § 1(a), 70 Stat. 1021, substituted "Annuities to widows of justices" for “Annuities to widows on the Chief Justice and Associate Justices of the Supreme Court of the United States" in item 375, and added item 376. 1954-Act Aug. 28, 1954, ch. 1053, § 2, 68 Stat. 918, added item 375. Act Feb. 10, 1954, ch. 6, § 4(b), 68 Stat. 13, transferred "; substitute judge on failure to retire" from item 371 to item 372. CROSS REFERENCES Tax Court Judges, retirement, see section 7447 of Title 26, Internal Revenue Code. § 371. Resignation or retirement for age. (a) Any justice or judge of the United States appointed to hold office during good behavior who resigns after attaining the age of seventy years and after serving at least ten years continuously or otherwise shall, during the remainder of his lifetime continue to receive the salary which he was receiving when he resigned. (b) Any justice or judge of the United States appointed to hold office during good behavior may retain his office but retire from regular active service after attaining the age of seventy years and after serving at least ten years continuously or otherwise, or after attaining the age of sixty-five years and after serving at least fifteen years continuously or otherwise. He shall, during the remainder of his lifetime, continue to receive the salary of the office. The President shall appoint, by and with the advice and consent of the Senate, a successor to a justice or judge who retires. (June 25, 1948, ch. 646, 62 Stat. 903; Oct. 31, 1951, ch. 655, § 39, 65 Stat. 724; Feb. 10, 1954, ch. 6, § 4 (a), 68 Stat. 12.) LEGISLATIVE HISTORY Reviser's Note.-Based on title 28, U. S. C., 1940 ed., §§ 375 and 375a (Mar. 3, 1911, ch. 231, § 260, 36 Stat. 1161; Feb. 25, 1919, ch. 29, § 6, 40 Stat. 1157; Mar. 1, 1929, ch. 419, 45 Stat. 1422; Mar. 1, 1937, ch. 21, §§ 1, 2, 50 Stat. 24; Feb. 11, 1938, ch. 25, § 1, 52 Stat. 28; May 11, 1944, ch. 192, § 1, 58 Stat. 218). This section consolidates provisions of sections 375 and 375a of title 28, U. S. C., 1940 ed., relating to resignation and retirement. Remaining provisions of said section 375 now appear in sections 136, 294 and 756 of this title, and remaining provisions of said section 375a now appear in section 294 of this title. Words "may resign, or may retain his office but retire from regular active service" were used to clarify the difference between resignation and retirement. Resignation results in loss of the judge's office, while retirement does not. (Booth v. U. S., 1933, 54 S. Ct. 379, 291 U. S. 339, 78 L. Ed. 836; U. S. v. Moore, 1939, 101 F. 2d 56, certiorari denied 59 S. Ct. 788, 306 U. S. 664, 83 L. Ed. 1060.) Terms "judge of the United States" and "Justice of the United States" are defined in section 451 of this title. The revised section continues the provision respecting the salary of a resigned judge but changes such provision for retired judges and makes them eligible to receive any increases provided by Congress for the office from which they retired. This change is in harmony with the clear line of distinction drawn by Congress between retirement and resignation. AMENDMENTS 1954 -Act Feb. 10, 1954, struck out "; substitute judge on failure to retire" in catchline. Subsec. (a). Act Feb. 10, 1954, reenacted subsec. (a) without change. Subsec. (b). Act Feb. 10, 1954, in first sentence, inserted the provision for retirement after attaining the age of 65 years and after serving 15 years continuously or otherwise. Subsec. (c). Act Feb. 10, 1954, in the general amendment of this section, omitted subsec. (c) which related to appointment of substitute judges for disabled judges eligible to resign or retire where the latter fail to resign or retire, and to precedence of such disabled judges who remain on the active list after the appointment of substitutes. 1951-Act Oct. 31, 1951, subdivided the section into subsections, and limited second par. of subsec. (c) (as so designated) to judges who remain on the active list but whose disabilities cause the appointment of additional judges as authorized by first par. of such subsec. JUDICIAL SERVICE IN HAWAII INCLUDED WITHIN COMPUTATION OF Aggregate YEARS OF JUDICIAL SERVICE Section 14(d) of Pub. L. 86-3, Mar. 18, 1959, 73 Stat. 10, provided in part: "That service as a judge of the District Court for the Territory of Hawaii or as a judge of the United States District Court for the District of Hawaii or as a justice of the Supreme Court of the Territory of Hawaii or as a judge of the circuit courts of the Territory of Hawaii shall be included in computing under section 371, 372, or 373 of title 28, United States Code, the aggregate years of judicial service of any person who is in office as a district judge for the District of Hawaii on the date of enactment of this Act [Mar. 18, 1959]." CROSS REFERENCES Assignment of retired justices or judges to active duty, see section 294 of this title. Justices and judges appointed to hold office during good behavior Court of Claims, see section 173 of this title. Courts of Appeals, see U. S. Const., Art. 3, § 1. Tax court judges, retirement, see section 1106 of Title 26, Appendix, Internal Revenue Code. § 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) Whenever any judge of the United States appointed to hold office during good behavior who is eligible to retire under this section does not do so and a certificate of his disability signed by a majority of the members of the Judicial Council of his circuit in the case of a circuit or district judge, or by the Chief Justice of the United States in the case of the Chief Judge of the Court of Claims, Court of Customs and Patent Appeals, or Customs Court, or by the chief judge of his court in the case of a judge of the Court of Claims, Court of Customs and Patent Appeals, or Customs Court, is presented to the President and the President finds that such judge is unable to discharge efficiently all the duties of his office by reason of permanent mental or physical disability and that the appointment of an additional judge is necessary for the efficient dispatch of business, the President may make such appointment by and with the advice and consent of the Senate. Whenever any such additional judge is appointed, the vacancy subsequently caused by the death, resignation, or retirement of the disabled judge shall not be filled. Any judge whose disability causes the appointment of an additional judge shall, for purpose of precedence, service as chief judge, or temporary performance of the duties of that office, be treated as junior in commission to the other judges of the circuit, district, or court. (June 25, 1948, ch. 646, 62 Stat. 903; May 24, 1949, ch. 139, § 67, 63 Stat. 99; Feb. 10, 1954, ch. 6, § 4 (a), 68 Stat. 13; Sept. 2, 1957, Pub. L. 85-261, 71 Stat. 586.) LEGISLATIVE HISTORY Reviser's Note.-Based on title 28, U. S. C., 1940 ed., {{ 375b, 375c, and 375d (Aug. 5, 1939, ch. 433, §§ 1—3, 53 Stat. 1204, 1205). This section consolidates sections 375b, 375c, and 375d of title 28, U. S. C., 1940 ed. Section 375e of title 28, U. S. C., 1940 ed. providing that term "senior circuit judge" includes the Chief Justice of the United States Court of Appeals for the District of Columbia, and the term "Judicial circuit" includes the District of Columbia, was omitted from this revision as unnecessary. Such district is included as a judicial circuit by section 41 of this title. Words "justice or judge of the United States" were used to describe members of all courts who hold office during good behavior. (See reviser's note under section 371 of this title.) Term "chief Judge" was substituted for "Chief Justice" of the Court of Claims, "presiding judge" of the Court of Customs and Patent Appeals and "senior circuit judge." (See Reviser's Note under section 136 of this title.) For clarity and convenience the requirement that certificates of disability be submitted "to the President," was made explicit. The revised section requires a judge of the Customs Court to furnish a certificate of disability signed by the thief judge of his court, instead of by the chief judge of the Court of Customs and Patent Appeals as in said sec tion 375c of title 28, U. S. C., 1940 ed. This change insures signing of the certificate of disability by the chief judge possessing knowledge of the facts. Changes were made in phraseology and arrangement. AMENDMENTS 1957-Subsec. (b). Pub. L. 85-261 added subsec. (b). 1954-Act Feb. 10, 1954, added "; substitute judge on failure to retire" to catchline (but without adding any provisions on such subject to the text of the section, see 1957 amendment), and added, after "retire" in third, fourth, and fifth pars., the words "under this section". 1949-Act May 24, 1949, amended section to include the provision that appointment of successors to justices or judges must be made with the consent of the Senate, and inserted "continuously or otherwise❞ following "Each justice or judge" in the last par. JUDICIAL SERVICE IN HAWAII Certain judicial service in Hawali included within computation of aggregate years of judicial service, see section 14(d) of Pub. L. 86-3, Mar. 18, 1959, 73 Stat. 10, set out as a note under section 371 of this title. CROSS REFERENCES Assignment of retired justices or judges to active duty, see section 294 of this title. Justices and judges appointed to hold office during good behavior Court of Claims, see section 173 of this title. Courts of Appeals, see U. S. Const., Art. 3, § 1. 373. Judges in Territories and Possessions. Any judge of the United States District Court for the District of Puerto Rico, the United States District Court for the District of the Canal Zone, the District Court of Guam, or the District Court of the Virgin Islands, who resigns after attaining the age of seventy years and after serving at least ten years, 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 judge 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 when 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 which the aggregate number of years of his judicial service bears to sixteen. Service at any time in any of the courts referred to in the first paragraph, or in any other court under appointment by the President, shall be included in the computation of aggregate years of judicial service for the purposes of this section. (June 25, 1948, ch. 646, 62 Stat. 904; Oct. 31, 1951, ch. 655, § 40, 65 Stat. 724; Feb. 10, 1954, ch. 6, § 5, 68 Stat. 13; July 7, 1958, Pub. L. 85-508, § 12(d), 72 Stat. 348; Mar. 18, 1959, Pub. L. 86-3, § 14(d), 73 Stat. 10.) LEGISLATIVE HISTORY Reviser's Note.-Based on section 634b and 634c of title 48, U. S. C., 1940 ed., Territories and Insular Possessions [title 28, U. S. C., 1940 ed., §§ 375g, 375g note, 375h] (May 31, 1938, ch. 301, §§ 1, 2, 52 Stat. 591; Apr. 16, 1946, ch. 139, §§ 1, 2, 3, 60 Stat. 90, 91). Section consolidates sections 634b and 634c of title 48, U. S. C., 1940 ed., as amended and transferred to title 28, U. S. C., 1940 ed., as sections 375g and 375h thereof, with changes of phraseology necessary to effect consolidation. AMENDMENTS 1959-Pub. L. 86-3 eliminated references to judges of the United States District Court for the District of Hawall and to justices of the Supreme Court of the Territory of Hawaii. See section 91 of this title and notes thereunder. 1958-Pub. L. 85-508 eliminated provisions which related to the District Court for the Territory of Alaska. See section 81A of this title which establishes a United States District Court for the State of Alaska. 1954 -Act Feb. 10, 1954, among other changes, added the provisions for retirement after attaining the age of 65 years and after serving at least fifteen years continu ously or otherwise, changed the period of service in connection with retirement at age 70, and reduced from 70 to 65 years the age requirement in connection with payment of salary after removal for mental or physical disability or failure of reappointment. 1951-Act Oct. 31, 1951, inserted reference to the judge of the District Court of Guam in first par. EFFECTIVE DATE OF 1959 AMENDMENT Amendment of section by Pub. L. 86-3 effective upon the admission of the State of Hawaii into the Union, see note set out under section 1252 of this title. Admission of Hawail into the Union was accomplished Aug. 21, 1959, upon issuance of Proc. No. 3309, Aug. 21, 1959, 25 F.R. 6868, 73 Stat. c74, as required by sections 1 and 7(c) of Pub. L. 86-3, Mar. 18, 1959, 73 Stat. 4, set out as notes preceding section 491 of Title 48, Territories and Insular Possessions. EFFECTIVE DATE OF 1958 AMENDMENT Amendment of section by Pub. L. 85-508 effective Jan. 3, 1959, upon admission of Alaska into the Union pursuant to Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85-508, see notes set out under section 81A of this title and preceding section 21 of Title 48, Territories and Insular Possessions. PRESERVATION OF RIGHTS OF RETIRED JUDGES OF THE DISTRICT COURT FOR THE TERRITORY OF ALASKA Section 12 (d) of Pub. L. 85-508, provided in part that the amendment to this section by Pub. L. 85-508 shall not affect the rights of any judge who may have retired before it takes effect. See Effective Date of 1958 Amendment note under this section. PRESERVATION OF RIGHTS OF RETIRED JUDGES OF THE DISTRICT COURT FOR THE DISTRICT OF HAWAII AND JUSTICES OF THE SUPREME COURT OF THE TERRITORY OF HAWAII Section 14(d) of Pub. L. 86-3 provided in part that the amendments to this section by Pub. L. 86-3 shall not affect the rights of any judge or justice who may have retired before the effective date of section 14(d) of Pub. L. 86-3. JUDICIAL SERVICE IN HAWAII Certain judicial service in Hawaii included within computation of aggregate years of judicial service, see section 14(d) of Pub. L. 86-3, set out as a note under section 371 of this title. § 374. Residence of retired judges; official station. Retired judges of the United States are not subject to restrictions as to residence. The place where a retired judge maintains the actual abode in which he customarily lives shall be deemed to be his official station for the purposes of section 456 of this title. (June 25, 1948, ch. 646, 62 Stat. 904; Sept. 21, 1959, Pub. L. 86-312, § 1, 73 Stat. 587.) LEGISLATIVE HISTORY Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 402 (Feb. 11, 1938, ch. 23, 52 Stat. 28). Sections 44 and 133 of this title require that active circuit and district judges shall reside in the circuit or district to which appointed. Changes were made in phraseology. AMENDMENTS 1959-Pub. L. 86-312 added sentence to provide that place where retired judge maintains actual abode shall be deemed to be his official station and inserted "; official station" in the catchline. § 375. Annuities to widows of justices. (a) The Director of the Administrative Office of the United States Courts shall pay to the surviving widow, if any, of a Justice of the United States who has died or who dies while in regular active service, or who has died or who dies after having retired or resigned under the provisions of this chapter, an annuity in the amount payable to the beneficiary under the Act of January 14, 1937 (50 Stat. 923, chapter 3). (b) An annuity granted under the provisions of this section shall accrue monthly and shall be due and payable in monthly installments on the first business day of the month following the month for which the annuity shall have accrued. Such annuity shall commence on the first day of the month in which any such Justice dies, or on the first day of the month in which this section is enacted, whichever is later, and shall terminate upon the death or remarriage of the annuitant. (Added Aug. 28, 1954, ch. 1053, § 1, 68 Stat. 918, and amended Aug. 3, 1956, ch. 944, § 1 (b), 70 Stat. 1021.) REFERENCES IN TEXT The Act of January 14, 1937 (50 Stat. 923, chapter 3), referred to in subsec. (a), was not classified to the code. AMENDMENTS 1956 Act Aug. 3, 1956, substituted "Annuities to widows of justices" for "Annuities to widows of the Chief Justice and Associate Justices of the Supreme Court of the United States" in the catchline. § 376. Annuities to widows and surviving dependent children of judges. (a) Any judge of the United States may by written election filed with the Director of the Administrative Office of the United States Courts within six months after the date on which he takes office (or within six months after the enactment of this section) bring himself within the purview of this section. (b) There shall be deducted and withheld from the salary of each judge electing to bring himself within the purview of this section a sum equal to 3 per centum of such judge's salary, including salary paid after retirement from regular active service under section 371 (b) or 372 (a) of this title or after retirement from office by resignation on salary under section 371 (a) of this title. The amounts so deducted and withheld from the salary of each such judge shall, in accordance with such procedure as may be prescribed by the Comptroller General of the United States, be deposited in the Treasury of the United States to the credit of a fund to be known as the “judicial survivors annuity fund" and said fund is appropriated for the payment of annuities, refunds and allowances as |