§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 this title.

(June 25, 1948, ch. 646, 62 Stat. 870 ; Mar. 2, 1955, ch. 9, §1(a), 69 Stat. 9 ; Aug. 14, 1964, Pub. L. 88–426, title IV, §403(a), 78 Stat. 434 ; Aug. 9, 1975, Pub. L. 94–82, title II, §205(b)(1), 89 Stat. 422 .)

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.

References in Text

Section 225 of the Federal Salary Act of 1967, referred to in text, is section 225 of Pub. L. 90–206, Dec. 16, 1967, 81 Stat. 642 , as amended, which is classified to chapter 11 (§351 et seq.) of Title 2, The Congress.

Amendments

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 Mar. 2, 1955, increased salary of Chief Justice from $25,500 to $35,500 and salaries of Associate Justices from $25,000 to $35,000 a year.

Effective Date of 1964 Amendment

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.

Effective Date of 1955 Amendment

Amendment by act Mar. 2, 1955, effective Mar. 1, 1955, see section 5 of act Mar. 2, 1955, set out as a note under section 31 of Title 2, The Congress.

Salary Increases

1995-Salaries of Chief Justice and Associate Justices continued at $171,500 and $164,100 per annum, respectively, by Ex. Ord. No. 12944, Dec. 28, 1994, 60 F.R. 309, set out as a note under section 5332 of Title 5, Government Organization and Employees.

1993-Salaries of Chief Justice and Associate Justices increased to $171,500 and $164,100 per annum, respectively, effective on first day of first pay period beginning on or after Jan. 1, 1993, by Ex. Ord. No. 12826, Dec. 30, 1992, 57 F.R. 62909, formerly set out as a note under section 5332 of Title 5.

1992-Salaries of Chief Justice and Associate Justices increased to $166,200 and $159,000 per annum, respectively, effective on first day of first pay period beginning on or after Jan. 1, 1992, by Ex. Ord. No. 12786, Dec. 26, 1991, 56 F.R. 67453, formerly set out as a note under section 5332 of Title 5.

1991-Salaries of Chief Justice and Associate Justices increased to $160,600 and $153,600 per annum, respectively, effective on first day of first pay period beginning on or after Jan. 1, 1991, by Ex. Ord. No. 12736, Dec. 12, 1990, 55 F.R. 51385, formerly set out as a note under section 5332 of Title 5.

1990-Salaries of Chief Justice and Associate Justices continued respectively at $115,000 and $110,000 per annum, and increased to $124,000 and $118,600, respectively, effective on first day of first pay period beginning on or after Jan. 31, 1990, by Ex. Ord. No. 12698, Dec. 23, 1989, 54 F.R. 53473, formerly set out as a note under section 5332 of Title 5.

1989-Salaries of Chief Justice and Associate Justices increased in the amount of 25 percent of their respective rates (as last in effect before the increase), effective Jan. 1, 1991, see Pub. L. 101–194, title VII, §703(a)(3), Nov. 30, 1989, 103 Stat. 1768 , set out as a note under section 5318 of Title 5.

Salaries of Chief Justice and Associate Justices continued respectively at $115,000 and $110,000 per annum by Ex. Ord. No. 12663, Jan. 6, 1989, 54 F.R. 791, formerly set out as a note under section 5332 of Title 5.

1988-Salaries of Chief Justice and Associate Justices continued respectively at $115,000 and $110,000 per annum by Ex. Ord. No. 12622, Dec. 31, 1987, 53 F.R. 222, formerly set out as a note under section 5332 of Title 5.

1987-Salaries of Chief Justice and Associate Justices increased respectively to $115,000 and $110,000 per annum, on recommendation of the President of the United States, see note set out under section 358 of Title 2, The Congress.

Salaries of Chief Justice and Associate Justices increased to $111,700 and $107,200, respectively, effective on first day of first pay period beginning on or after Jan. 1, 1987, by Ex. Ord. No. 12578, Dec. 31, 1986, 52 F.R. 505, formerly set out as a note under section 5332 of Title 5, Government Organization and Employees.

1985-Salaries of Chief Justice and Associate Justices increased to $108,400 and $104,100, respectively, effective on first day of first pay period beginning on or after Jan. 1, 1985, by Ex. Ord. No. 12496, Dec. 28, 1984, 50 F.R. 211, as amended by Ex. Ord. No. 12540, Dec. 30, 1985, 51 F.R. 577, formerly set out as a note under section 5332 of Title 5.

1984-Salaries of Chief Justice and Associate Justices increased to $104,700 and $100,600, respectively, effective on first day of first pay period beginning on or after Jan. 1, 1984, by Ex. Ord. No. 12456, Dec. 30, 1983, 49 F.R. 347, as amended Ex. Ord. No. 12477, May 23, 1984, 49 F.R. 22041; Ex. Ord. No. 12487, Sept. 14, 1984, 49 F.R. 36493, formerly set out as a note under section 5332 of Title 5.

1982-Salaries of Chief Justice and Associate Justices increased to $100,700 and $96,700, respectively, effective on first day of first pay period beginning on or after Oct. 1, 1982, by Ex. Ord. No. 12387, Oct. 8, 1982, 47 F.R. 44981, formerly set out as a note under section 5332 of Title 5. Ex. Ord. No. 12387 further provided that pursuant to section 140 of Pub. L. 97–92, funds are not available to pay a salary at a rate which exceeds the rate in effect on Dec. 15, 1981, which was $96,800 for the Chief Justice and $93,000 for the Associate Justices.

Maximum rates payable after Dec. 17, 1982, increased from $96,800 and $93,000 to $100,700 and $96,700, respectively, see Pub. L. 97–377, title I, §129(b)–(d), Dec. 21, 1982, 96 Stat. 1941 , set out as a note under section 5318 of Title 5.

Limitations on use of funds for fiscal year ending Sept. 30, 1983, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of the Executive Schedule, see section 101(e) of Pub. L. 97–276, as amended, set out as a note under section 5318 of Title 5.

1981-Salaries of Chief Justice and Associate Justices increased to $96,800 and $93,000, respectively, effective on first day of first pay period beginning on or after Oct. 1, 1981, by Ex. Ord. No. 12330, Oct. 15, 1981, 46 F.R. 50921, formerly set out as a note under section 5332 of Title 5.

Limitations on use of funds for fiscal year ending Sept. 30, 1982, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of the Executive Schedule, see sections 101(g) and 141 of Pub. L. 97–92, set out as a note under section 5318 of Title 5.

1980-Salaries of Chief Justice and Associate Justices increased to $92,400 and $88,700, respectively, effective on first day of first pay period beginning on or after Oct. 1, 1980, by Ex. Ord. No. 12248, Oct. 16, 1980, 45 F.R. 69199, formerly set out as a note under section 5332 of Title 5. Ex. Ord. No. 12248 further provided that pursuant to Pub. L. 96–369 funds are not available to pay a salary at a rate which exceeds the rate in effect on Sept. 30, 1980, which was $79,125 for the Chief Justice and $75,960 for the Associate Justices.

Limitations on use of funds for fiscal year ending Sept. 30, 1981, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of the Executive Schedule, see section 101(c) of Pub. L. 96–536, as amended, set out as a note under section 5318 of Title 5.

1979-Salaries of Chief Justice and Associate Justices increased to $84,700 and $81,300, respectively, effective on first day of first pay period beginning on or after Oct. 1, 1979, by Ex. Ord. No. 12165, Oct. 9, 1979, 44 F.R. 58671, as amended by Ex. Ord. No. 12200, Mar. 12, 1980, 45 F.R. 16443, formerly set out as a note under section 5332 of Title 5. Ex. Ord. No. 12165 further provided that pursuant to Pub. L. 96–86 funds appropriated for fiscal year 1980 may not be used to pay a salary at a rate which exceeds an increase of 5.5 percent over the applicable rate payable for such position or office in effect on Sept. 30, 1978, which was $79,125 for the Chief Justice and $75,960 for the Associate Justices.

Applicability to funds appropriated by any Act for fiscal year ending Sept. 30, 1980, of limitation of section 304 of Pub. L. 95–391 on use of funds to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above Level V of the Executive Schedule, see section 101 of Pub. L. 96–86, set out as a note under section 5318 of Title 5.

1978-Salaries of Chief Justice and Associate Justices increased to $79,100 and $76,000, respectively, effective on first day of first pay period beginning on or after Oct. 1, 1978, by Ex. Ord. No. 12087, Oct. 7, 1978, 43 F.R. 46823, formerly set out as a note under section 5332 of Title 5. Ex. Ord. No. 12087, further provided that pursuant to the Legislative Branch Appropriation Act, 1979 [ Pub. L. 95–391, title III §304, Sept. 30, 1978, 92 Stat. 788 , set out as a note under section 5318 of Title 5], funds are not available to pay a salary at a rate which exceeds the rate in effect on Sept. 30, 1978, which was $75,000 for the Chief Justice and $72,000 for the Associate Justices.

1977-Salaries of Chief Justice and Associate Justices increased respectively to $75,000 and $72,000 per annum, on recommendation of the President of the United States, see note set out under section 358 of Title 2, The Congress.

1976-Salaries of Chief Justice and Associate Justices increased to $68,800 and $66,000, respectively, effective on first day of first pay period beginning on or after Oct. 1, 1976, by Ex. Order No. 11941, Oct. 1, 1976, 41 F.R. 43889, formerly set out as a note under section 5332 of Title 5, Government Organization and Employees. Ex. Ord. No. 11941, further provided that pursuant to the Legislative Branch Appropriation Act, 1977, funds are not available to pay a salary at a rate which exceeds the rate in effect on Sept. 30, 1976, which was $65,600 for the Chief Justice and $63,000 for the Associate Justices.

1975-Salaries of Chief Justice and Associate Justices increased to $65,600 and $63,000, respectively, effective on first day of first pay period beginning on or after Oct. 1, 1975, by Ex. Order No. 11883, Oct. 6, 1975, 40 F.R. 47091, formerly set out as a note under section 5332 of Title 5.

1969-Salaries of Chief Justice and Associate Justices increased respectively from $40,000 and $39,500 to $62,500 and $60,000 per annum, commencing Feb. 14, 1969, on recommendation of the President of the United States, see note set out under section 358 of Title 2, The Congress.

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

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

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

Cross References

Compensation not to be diminished during continuance in office, see Const. Art. 3, §1.

Payment of salaries by marshal of Supreme Court, see section 672 of this title.

Retirement of Justices, see section 371 et seq. of this title.

Traveling and subsistence expenses of Justices, payment of, see section 456 of this title.