§ 11-1562. Eligibility for retirement.

Current through October 23, 2012

(a) A judge is eligible for retirement under this subchapter when the judge has completed ten years of judicial service, whether continuous or not, or upon mandatory retirement as provided in section 11-1502.

(b) The retirement salary of a judge who retires shall commence as follows:

(1) With twenty or more years of judicial service, at age fifty.

(2) With less than twenty years of judicial service, at age sixty, unless the judge elects to receive a reduced salary beginning at age fifty-five or at the date of retirement if subsequent to that age.

(c) A judge with five years or more of judicial service, including civilian service performed by the judge which is creditable under section 8332 of title 5, United States Code, may voluntarily retire for a mental or physical disability which is or is likely to become permanent and which prevents, or seriously interferes with, the proper performance of judicial duties. Such disability shall be established by furnishing to the Secretary of the Treasury a certificate of disability signed by a duly licensed physician, approved by the Surgeon General of the United States, and containing such information and conclusions as the Secretary of the Treasury by regulation may require consistent with this subsection.

(d) Eligibility for retirement salary of a judge involuntarily retired for disability under section 11-1526(b) shall not be conditioned upon prior service.

                
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(July 29, 1970, 84 Stat. 500, Pub. L. 91-358, title I, § 111; June 13, 1994, Pub. L. 103-266, § 1(b)(54), 108 Stat. 713; Aug. 5, 1997, 111 Stat. 759, Pub. L. 105-33, § 11253(a)(1).)

HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 11-1562.

1973 Ed., § 11-1562.

Change in Government

This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made, in brackets, in this section.