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Title 28 — Judiciary and Judicial Procedure

Part I · Chapter 1 — Supreme Court

§ 5. Salaries of justices

Statutory text

The Chief Justice and each associate justice shall each receive a salary at annual rates determined under section 225 of the Federal Salary Act of 1967 (2 U.S.C. 351–361), as adjusted by section 461 of this title.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Title 28, United States Code, section —

    Pub. L. 80–646 · 62 Stat. 869

    Enacted · 28 U.S.C. § 5

    June 25, 1948, ch. 646, 62 Stat. 870

    Source evidence

    Code source credit
    June 25, 1948, ch. 646, 62 Stat. 870

  2. Government Employees Salary Reform Act of 1964

    Pub. L. 88–426 title IV § 403(a) · 78 Stat. 400

    Changed · 28 U.S.C. § 5

    Pub. L. 88–426 increased salary of Chief Justice from $35,500 to $40,000 and that of Associate Justices from $35,000 to $39,500

    Source evidence

    Code amendment note
    Pub. L. 88–426 increased salary of Chief Justice from $35,500 to $40,000 and that of Associate Justices from $35,000 to $39,500.

    Enacted provision · exact public law section
    (a) Section 5 of title 28, United States Code, relating to the salaries of the Chief Justice of the United States and of the Associate Justices of the Supreme Court of the United States, is amended by striking out “$35,500” and substituting therefor “$40,000”, and by striking out “$35,000” and substituting therefor “$39,500”.

    Effective date note
    Amendment by Pub. L. 88–426 effective on first day of first pay period which begins on or after July 1, 1964, except to extent provided in section 501(c) of Pub. L. 88–426, see section 501 of Pub. L. 88–426.

  3. Executive Salary Cost-of-Living Adjustment Act

    Pub. L. 94–82 title II § 205(b)(1) · 89 Stat. 419

    Substituted · 28 U.S.C. § 5

    Pub. L. 94–82 substituted provisions setting the annual salary of the Chief Justice and each associate justice at rates determined under section 225 of the Federal Salary Act of 1967, as adjusted by section 461 of this title, for provisions granting the Chief Justice and each associate justice a salary of $40,000 and $39,500 a year, respectively

    Source evidence

    Code amendment note
    Pub. L. 94–82 substituted provisions setting the annual salary of the Chief Justice and each associate justice at rates determined under section 225 of the Federal Salary Act of 1967, as adjusted by section 461 of this title, for provisions granting the Chief Justice and each associate justice a salary of $40,000 and $39,500 a year, respectively.

    Enacted provision · exact public law section
    (1) Section 5 of title 28, United States Code, relating to salaries of justices of the Supreme Court, is amended to read as follows: “§ 5. Salaries of justices “The Chief Justice and each associate justice shall each receive a salary at annual rates determined under section 225 of the Federal Salary Act of 1967 (2 U.S.C. 351–361), as adjusted by section 461 of Supra. this title.”.

2 of 3 references resolved to an enrolled provision · 1 partial

Notes

Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., § 324 (Mar. 3, 1911, ch. 231, § 218, 36 Stat. 1152; Dec. 13, 1926, ch. 6, § 1, 44 Stat. 919; July 31, 1946, ch. 704, § 1, 60 Stat. 716).

The provision “to be paid monthly” was omitted since the time of payment of salaries is a matter of administrative convenience. (See 20 Comp. Gen. 834.)

Minor changes in phraseology were made.

Editorial Notes

References in Text

Section 225 of the Federal Salary Act of 1967, referred to in text, is section 225 of Pub. L. 90–206, , 81 Stat. 642, which is classified to chapter 11 (§ 351 et seq.) of Title 2, The Congress.

Amendments1955–1975 · 3 rounds

1975

Pub. L. 94–82 substituted provisions setting the annual salary of the Chief Justice and each associate justice at rates determined under section 225 of the Federal Salary Act of 1967, as adjusted by section 461 of this title, for provisions granting the Chief Justice and each associate justice a salary of $40,000 and $39,500 a year, respectively.

1964

Pub. L. 88–426 increased salary of Chief Justice from $35,500 to $40,000 and that of Associate Justices from $35,000 to $39,500.

1955

Act , increased salary of Chief Justice from $25,500 to $35,500 and salaries of Associate Justices from $25,000 to $35,000 a year.

Statutory Notes and Related Subsidiaries

Effective Date of 1964 Amendment

Amendment by Pub. L. 88–426 effective on first day of first pay period which begins on or after , except to extent provided in section 501(c) of Pub. L. 88–426, see section 501 of Pub. L. 88–426.

Effective Date of 1955 Amendment

Amendment by act , effective , see section 5 of act , set out as a note under section 4501 of Title 2, The Congress.

Statutory Notes and Executive Documents
Salary Increases

For adjustment of salaries of Chief Justice and Associate Justices under this section, see the executive order detailing the adjustment of certain rates of pay set out as a note under section 5332 of Title 5, Government Organization and Employees.

For prior year salary increases per the recommendation of the President, see Prior Salary Recommendations notes under section 358 of Title 2, The Congress.

For miscellaneous provisions dealing with adjustments of pay and limitations on use of funds to pay salaries in prior years, see notes under section 5318 of Title 5, Government Organization and Employees.

Salary of Chief Justice increased from $20,500 to $25,500 a year, and salaries of associate justices increased from $20,000 to $25,000 a year, by act July 31, 1946, ch. 704, § 1, 60 Stat. 716.

Salary of Chief Justice increased from $15,000 to $20,500 a year, and salaries of associate justices increased from $14,500 to $20,000 a year, by act Dec. 13, 1926, ch. 6, § 1, 44 Stat. 919.

Salary of Chief Justice set at $15,000 a year and salaries of associate justices set at $14,500 a year by Judicial Code of 1911, act Mar. 3, 1911, ch. 231, § 1, 36 Stat. 1152.

Credits

1948–1975 · 4 acts
  1. 1948June 25, 1948, ch. 646, 62 Stat. 870
  2. 1955Mar. 2, 1955, ch. 9, § 1(a), 69 Stat. 9
  3. 1964Pub. L. 88–426, title IV, § 403(a), , 78 Stat. 434
  4. 1975Pub. L. 94–82, title II, § 205(b)(1), , 89 Stat. 422.
Show as published

(June 25, 1948, ch. 646, 62 Stat. 870; Mar. 2, 1955, ch. 9, § 1(a), 69 Stat. 9; Pub. L. 88–426, title IV, § 403(a), , 78 Stat. 434; Pub. L. 94–82, title II, § 205(b)(1), , 89 Stat. 422.)

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