# § 153. Salaries; character of service
**(a)** Each bankruptcy judge shall serve on a full-time basis and shall receive as full compensation for his services, a salary at an annual rate that is equal to 92 percent of the salary of a judge of the district court of the United States as determined pursuant to section 135, to be paid at such times as the Judicial Conference of the United States determines.
**(b)** A bankruptcy judge may not engage in the practice of law and may not engage in any other practice, business, occupation, or employment inconsistent with the expeditious, proper, and impartial performance of such bankruptcy judge’s duties as a judicial officer. The Conference may promulgate appropriate rules and regulations to implement this subsection.
**(c)** Each individual appointed under this chapter shall take the oath or affirmation prescribed by section 453 of this title before performing the duties of the office of bankruptcy judge.
**(d)** A bankruptcy judge appointed under this chapter shall be exempt from the provisions of subchapter I of chapter 63 of title 5.
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**Source Credit**: (Added Pub. L. 98–353, title I, § 104(a), July 10, 1984, 98 Stat. 338; amended Pub. L. 100–202, § 101(a), [title IV, § 408(a)], Dec. 22, 1987, 101 Stat. 1329, 1329–26; Pub. L. 100–702, title X, § 1003(a)(1), Nov. 19, 1988, 102 Stat. 4665.)
## Editorial Notes
### Amendments
1988—Subsec. (d). added subsec. (d).
1987—Subsec. (a). amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “Each bankruptcy judge shall serve on a full-time basis and shall receive as full compensation for his services a salary at an annual rate determined under section 225 of the Federal Salary Act of 1967 () as adjusted by , to be paid at such times as the Judicial Conference of the United States determines.”
## Statutory Notes and Related Subsidiaries
### Effective Date of 1987 Amendment
> “This section [amending this section,
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> , and
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> , The Congress] shall become effective
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> , and any salary affected by the provisions of this section shall be adjusted at the beginning of the first applicable pay period commencing on or after such date of enactment [probably should read “such date”, meaning
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> ].”
, , , 1329–27, provided that:
### Transition Provisions
> **“(1)** If an individual who is exempted from the Leave Act by operation of amendments under this section [amending this section and sections 156, 631, 634, 712, 752, and 794 of this title] and who was previously subject to the provisions of subchapter I of chapter 63 of title 5, United States Code, without a break in service, again becomes subject to this subchapter on completion of his service as an exempted officer, the unused annual leave and sick leave standing to his credit when he was exempted from this subchapter is deemed to have remained to his credit.
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> **“(2)** In computing an annuity under section 8339 of title 5, United States Code, the total service of a person specified in paragraph (1) of this subsection who retired on an immediate annuity or dies leaving a survivor or survivors entitled to an annuity includes, without regard to the limitations imposed by subsection (f) of section 8339 of title 5, United States Code, the days of unused sick leave standing to his credit when he was exempted from subchapter I of chapter 63 of title 5, United States Code, except that these days will not be counted in determining average pay or annuity eligibility.”
, , , provided that:
### Continuation of Salaries of Bankruptcy Judges in Effect on June 27, 1984
> “The salary of a bankruptcy judge in effect on
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> , shall remain in effect until changed as a result of a determination or adjustment made pursuant to
>
> , United States Code, as added by this Act.”
, , , provided that:
### Part-Time Bankruptcy Judges
For provision that notwithstanding subsecs. (a) and (b) of this section, a bankruptcy judge serving on a part-time basis on , may continue to serve on such basis for two years from such date, and may engage in the practice of law, see , set out as a note under .
### Statutory Notes and Executive Documents
### Salary Increases
1988—Salaries of bankruptcy judges continued at $72,500 per annum by Ex. Ord. No. 12622, , 53 F.R. 222, formerly set out as a note under , Government Organization and Employees.
1987—Salaries of bankruptcy judges increased to $72,500 per annum, on recommendation of the President of the United States, see note set out under , The Congress.
Salaries of bankruptcy judges increased to $70,500 effective on first day of first pay period beginning on or after , by Ex. Ord. No. 12578, , 52 F.R. 505, formerly set out as a note under , Government Organization and Employees.
1985—Salaries of bankruptcy judges increased to $68,400 effective on first day of first pay period beginning on or after , by Ex. Ord. No. 12496, , 50 F.R. 211, as amended by Ex. Ord. No. 12540, , 51 F.R. 577, formerly set out as a note under .
1984—Salaries of bankruptcy judges (full-time) and bankruptcy judges (part-time) (maximum rate) increased to $66,100 and $33,100, respectively, effective on first day of first pay period beginning on or after , by Ex. Ord. No. 12456, , 49 F.R. 347, as amended Ex. Ord. No. 12477, , 49 F.R. 22041; Ex. Ord. No. 12487, , 49 F.R. 36493, formerly set out as a note under .
1982—Salaries of bankruptcy judges and referees in bankruptcy (full-time), or referees in bankruptcy (part-time) (maximum rate) increased to $63,600 and $31,800, respectively, effective on first day of first pay period beginning on or after , by Ex. Ord. No. 12387, , 47 F.R. 44981, formerly set out as a note under . Ex. Ord. No. 12387 further provided that pursuant to funds are not available to pay a salary at a rate which exceeds the rate in effect on , which was $58,500 for bankruptcy judges and referees in bankruptcy (full-time), and $30,600 for referees in bankruptcy (part-time) (maximum rate).
Maximum rate payable to bankruptcy judges after , increased from $58,500 to $63,600, see –(d), , , set out as a note under .
1981—Salaries of bankruptcy judges and referees in bankruptcy (full-time), or referees in bankruptcy (part-time) (maximum rate) increased to $61,200 and $30,600, respectively, effective on first day of first pay period beginning on or after , by Ex. Ord. No. 12330, , 46 F.R. 50921, formerly set out as a note under . Ex. Ord. No. 12330 further provided that pursuant to funds are not available to pay a salary at a rate which exceeds the rate in effect on , which was $51,167.50 for bankruptcy judges and referees in bankruptcy (full-time), and $25,583.75 for referees in bankruptcy (part-time) (maximum rate).
1980—Salaries of bankruptcy judges and referees in bankruptcy (full-time), or referees in bankruptcy (part-time) (maximum rate) increased to $58,400 and $29,200, respectively, effective on first day of first pay period beginning on or after , by Ex. Ord. No. 12248, , 45 F.R. 69199, formerly set out as a note under . Ex. Ord. No. 12248 further provided that pursuant to funds are not available to pay a salary which exceeds the rate in effect on , which was $51,167.50 for bankruptcy judges and referees in bankruptcy (full-time), and $25,583.75 for referees in bankruptcy (part-time) (maximum rate).
For limitations on use of funds for period through , 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 and , set out as notes under .
1979—Salaries of bankruptcy judges increased to $53,500 effective on first day of first pay period beginning on or after , by Ex. Ord. No. 12165, , 44 F.R. 58671, as amended by Ex. Ord. No. 12200, , 45 F.R. 16443, formerly set out as a note under . Ex. Ord. No. 12165 further provided that pursuant to 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 , which was $51,167.50 for bankruptcy judges.