References in Text
The date of the enactment of the Veterans’ Benefits Improvement Act of 2008, referred to in subsec. (c)(1), is the date of enactment of
[Pub. L. 110–389], which was approved Oct. 10, 2008.
The Civil Service Retirement and Disability Fund, referred to in subsecs. (f)(2)(B) and (h)(3)(C), (D), is provided for in section 8348 of Title 5, Government Organization and Employees.
[Pub. L. 110–389, § 603(b)(1)], added par. (1) and struck out former par. (1), which related to retirement pay structure for retired judges based on recall status.
[Pub. L. 110–389, § 603(b)(2)], substituted “paragraph (1)(A)(i) or (2)” for “paragraph (2)”.
[Pub. L. 107–103] struck out at end: “In order to retire under this paragraph, a judge must, not earlier than 9 months preceding the date of the expiration of the judge’s term of office and not later than 6 months preceding such date, advise the President in writing that the judge is willing to accept reappointment to the Court.”
[Pub. L. 106–117, § 1035(2)], substituted “a judge” for “the chief judge or an associate judge”.
[Pub. L. 106–117, § 1022(a)], substituted “as follows:” for “at the rate of pay in effect at the time of retirement.” and added subpars. (A) to (C).
[Pub. L. 106–117, § 1022(b)], added par. (3).
1998—Subsecs. (a)(1), (i)(1), (k).
[Pub. L. 105–368] substituted “Court of Appeals for Veterans Claims” for “Court of Veterans Appeals”.
[Pub. L. 102–40, § 402(b)(1)], renumbered section 4096 of this title as this section.
[Pub. L. 102–198] substituted “8440d” for “8440c”. [Pub. L. 102–82] inserted before semicolon at end “except as authorized by section 8440c of title 5”.
[Pub. L. 102–40, § 402(d)(1)], substituted “7297” for “4097” in introductory provisions, “7297(b)” for “4097(b)” in cl. (i), and “7297(e)” for “4097(e)” in cl. (ii).
Statutory Notes and Related Subsidiaries
Effective Date of 1999 Amendment
[section 1035(2) of Pub. L. 106–117] effective Nov. 30, 1999, with savings provision for incumbent chief judge, see [section 1036 of Pub. L. 106–117], set out as a note under section 7253 of this title.
Effective Date of 1998 Amendment
[Pub. L. 105–368] effective on first day of first month beginning more than 90 days after Nov. 11, 1998, see [section 513 of Pub. L. 105–368], set out as a note under section 7251 of this title.
Transitional Provisions To Stagger Terms of Judges
[Pub. L. 106–117, title X, § 1002], Nov. 30, 1999, [113 Stat. 1588], provided that: “In this title [see Short Title of 1999 Amendments note set out under section 101 of this title], the term ‘Court’ means the United States Court of Appeals for Veterans Claims.” [Pub. L. 106–117, title X], §§ 1011, 1012, Nov. 30, 1999, [113 Stat. 1588], 1590, provided that:
EARLY RETIREMENT AUTHORITY FOR CURRENT JUDGES.
One eligible judge may retire in accordance with this section in 2000 or 2001, and one additional eligible judge may retire in accordance with this section in 2001.
For purposes of this section, an eligible judge is a judge of the Court (other than the chief judge) who—
has made an election to receive retired pay under section 7296 of such title;
has at least 20 years of service described in section 7297(l) of such title; and
is at least 55 years of age.
Multiple Eligible Judges.—
If for any year specified in subsection (a) more than one eligible judge provides notice in accordance with subsection (d), the judge who has the greatest seniority as a judge of the Court shall be the judge who is eligible to retire in accordance with this section in that year.
An eligible judge who desires to retire in accordance with this section with respect to any year covered by subsection (a) shall provide to the President and the chief judge of the Court written notice to that effect and stating that the judge agrees to the temporary service requirements of subsection (j). Such notice shall be provided not later than April 1 of that year and shall specify the retirement date in accordance with subsection (e). Notice provided under this subsection shall be irrevocable.
Date of Retirement.—
A judge who is eligible to retire in accordance with this section shall be retired during the calendar year as to which notice is provided pursuant to subsection (d), but not earlier than 30 days after the date on which that notice is provided pursuant to subsection (d).
Except as provided in subsections (g) and (j), a judge retired in accordance with this section shall be considered for all purposes to be retired under section 7296(b)(1) of title 38
, United States Code.
Applicability of Recall Status Authority.—
The provisions of section 7257 of this title
shall apply to a judge retired in accordance with this section as if the judge is a judge specified in subsection (a)(2)(A) of that section.
Rate of Retired Pay.—
The rate of retired pay for a judge retiring in accordance with this section is—
the fraction (not in excess of 1) in which—
the numerator is the number of years of service of the judge as a judge of the Court creditable under section 7296 of such title; and
the denominator is 15.
Adjustments in Retired Pay for Judges Available for Recall.—
Subject to section 7296(f)(3)(B) of title 38
, United States Code, an adjustment provided by law in annuities payable under civil service retirement laws shall apply to retired pay under this section in the case of a judge who is a recall-eligible retired judge under section 7257 of such title or who was a recall-eligible retired judge under that section and was removed from recall status under subsection (b)(4) of that section by reason of disability.
Transitional Service of Judge Retired Under This Section.—
A judge who retires under this section shall continue to serve on the Court during the period beginning on the effective date of the judge’s retirement under subsection (e) and ending on the earlier of—
the date on which a person is appointed to the position on the Court vacated by the judge’s retirement; and
the date on which the judge’s original appointment to the court would have expired.
Subsections (f) and (g) of section 7253 of title 38
, United States Code, shall apply with respect to the service of a judge on the Court under this section.
Notwithstanding any other provision of law, a person whose service as a judge of the Court continues under this section shall be paid for the period of service under this subsection at the rate that is the difference between the current rate of pay for a judge of the Court and the rate of the judge’s retired pay under subsection (g).
Amounts paid under paragraph (3)—
shall not be treated as—
compensation for employment with the United States for purposes of section 7296(e) of title 38
, United States Code, or any provision of title 5, United States Code, relating to the receipt or forfeiture of retired pay or retirement annuities by a person accepting compensation for employment with the United States; or
pay for purposes of deductions or contributions for or on behalf of the person to retired pay under subchapter V of chapter 72 of title 38, United States Code, or under chapter 83 or 84 of title 5, United States Code, as applicable; but
may, at the election of the person, be treated as pay for purposes of deductions or contributions for or on behalf of the person to a retirement or other annuity, or both, under subchapter V of chapter 72 of title 38, United States Code, or under chapter 83 or 84 of title 5, United States Code, as applicable.
Amounts paid under paragraph (3) shall be derived from amounts available for payment of salaries and benefits of judges of the Court.
The service as a judge of the Court under this subsection of a person who makes an election provided for under paragraph (4)(B) shall constitute creditable service toward the judge’s years of judicial service for purposes of section 7297 of title 38
, United States Code, with such service creditable at a rate equal to the rate at which such service would be creditable for such purposes if served by a judge of the Court under chapter 72 of that title. For purposes of subsection (k)(3) of that section, the average annual pay for such service shall be the sum of the judge’s retired pay and the amount paid under paragraph (3) of this subsection.
In the case of such a person who makes an election provided for under paragraph (4)(B), upon the termination of the service of that person as a judge of the Court under this subsection, the retired pay of that person under subsection (g) shall be recomputed to reflect the additional period of service served under this subsection.
Treatment of Political Party Membership.—
For purposes of determining compliance with the last sentence of section 7253(b) of title 38
, United States Code, the political party membership of a judge serving on the Court under subsection (j) shall not be taken into account.
MODIFIED TERMS FOR NEXT TWO JUDGES APPOINTED TO THE COURT.
The term of office of the first two judges appointed to the Court after the date of the enactment of this Act [Nov. 30, 1999
] shall be 13 years (rather than the period specified in section 7253(c) of title 38
, United States Code).
Eligibility for Retirement.—
For purposes of determining the eligibility to retire under section 7296 of title 38
, United States Code, of the two judges of the Court whose term of office is determined under subsection (a)—