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B-157469 1 (1979-06-29)

handle is hein.gao/gaobactzp0001 and id is 1 raw text is: GAGO -(0 < 9 United States General Accounting Offic Office of Washington, DC 20548 General Counsel In Reply Refer to; U-157469 The Honorable Warren II, Young I Judge, District Court of the 1979 Virgin Inlandn of the United States root Office T!on 3439t bno rndirjS Chrintinated, St. Croix Do not Mako available to Dd United States Virgin Islands 00820 Dear Judge Young: Thin is in Nrther response to your letter of January 12, 1979, concerning the retirement of territorial judges, and the particular problem you face personally, You any thAt you would lika to retire at ago 65, at which time you will have 10 years of norvice, and that you will then beequalified for retirement at a rate of 5/8 of your current salary. You presume that thius will be possible only if you are not appointed for an additional 8-year term. You also indicato that you are not sure that you undorotmnd the rulings ruferred to in our letter of December 27, 1978, to the Director, Administrativo Office of the United Staton Courts, in connection with service credit to a territorial judgo for eligibility for retirement under the civil servico rctivement system. Under the provisions of subsection 1614(a) of title 48, United States Code, a judga for the District Court of the Virgin Inlands in appointed by the Prooidnt vith the advice and connent of the Senate for a term of 8 years and until a successor in chosen and qualified. Section 373 of title 28, Unitedi ateo* Code, provides that a judge of the District Court of the Virgin Islands who resigns after attain.ug 70 years of age with at leat 10 yearn of service, or after attaining 65 yearn of ago after serving at leant 15 years of service uhall continue during the remainder of his life to receive the salary he received when he relinguished office. Other provisions of the ction authorize entitlerient to pay for the remainder of his life following reoval by the President of a judge because of mental or physical disnbility or failure of reappointment on a prorated basis if bis ervica vas lean than 16 years and not less thn 10 years Lnd he has attained 65 years of age. Thus, in your case it appears that to he eligible for the benefiti of 28 U.S.C. 373, at age 65 with 10 years of service, it would be neconary for you to fail reappointment but have a period of 2 years elapsn ponding the choice and qualification of your succoeor. POO

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