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Volume 53 · 1205

Public Law 76–433

To extend the privilege of retirement for disability to judges appointed to hold office during good behavior.

Approved August 5, 1939

Statutory text

AN ACT

To extend the privilege of retirement for disability to judges appointed to hold office during good behavior.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That any judge or justice of any court of the United States, appointed to hold office during good behavior, who becomes unable because of permanent disability to perform the duties of his office, may retire from regular active service on the bench and the President shall thereupon be authorized to appoint a successor.

Sec. 2.

Any district or circuit judge, other than a senior circuit judge, who desires to retire under the provisions of this Act shall certify his disability in writing and shall furnish a like certificate made by the senior circuit judge of the judicial circuit in which the

Justices of Supreme Court.

court of which he is a member is situated. Any Justice of the Supreme Court of the United States, other than the Chief Justice of the United States, who desires to retire under the provisions of this Act shall certify his disability in writing and shall furnish a like cer-tificate made by the Chief Justice of the United States. If the Chief

Chief Justice of the United States.

Justice of the United States retires under the provisions of this Act he need not furnish any certificate in addition to his own. Any judge

Judges of Court of Claims.

of the Court of Claims, other than the chief justice, any judge of the United States Customs Court, or any judge of the United States Court

Customs Court.

of Customs and Patent Appeals, other than the presiding judge of

Court of Customs and Patent Appeals.

the United States Court of Customs and Patent Appeals, who desires to retire under the provisions of this Act shall certify his disability in writing and shall furnish a like certificate made by the chief justice of the Court of Claims, if he be a judge of the Court of Claims, or by the presiding judge of the United States Court of Customs and Patent Appeals, if he be a judge of the United States Customs Court or the United States Court of Customs and Patent Appeals. Any other

Other judges or justices.

judge or justice who desires to retire under the provisions of this Act shall certify his disability in writing and shall furnish a like certificate made by the Chief Justice of the United States.

Lease of vacant unsold lots.

Sec. 3.

Any judge or justice who retires under the provisions of this

Retirement with less than 10 years service; retirement pay.

Act, after he has served less than ten years, shall receive annually, in equal monthly installments, during the remainder of his life, a sum equal to one-half of the annual salary he is receiving at the date of retirement; and any judge or justice who retires under the provisions

With 10 years or more, retirement pay.

of this Act, after he has served ten years or more, shall receive in like manner during the remainder of his life the salary he is receiving at the date of retirement.

Sec. 4.

The term “senior circuit judge”, as used in this Act, includes

“Senior circuit judge.”

the chief justice of the United States Court of Appeals for the District of Columbia. The term “judicial circuit”, as used in this Act, includes

“Judicial circuit.”

the District of Columbia.

Approved, August 5, 1939.

Parsed from the official Statutes at Large USLM XML in 53.xml