38 USC 7296 - Retirement of judges

Editorial Notes

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 Puspan. 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.

Amendments

2008—Subsec. (c)(1). Puspan. L. 110–389, § 603(span)(1), added par. (1) and struck out former par. (1), which related to retirement pay structure for retired judges based on recall status.

Subsec. (f)(3)(A). Puspan. L. 110–389, § 603(span)(2), substituted “paragraph (1)(A)(i) or (2)” for “paragraph (2)”.

2001—Subsec. (span)(2). Puspan. 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.”

1999—Subsec. (a)(2). Puspan. L. 106–117, § 1035(2), substituted “a judge” for “the chief judge or an associate judge”.

Subsec. (c)(1). Puspan. 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).

Subsec. (f)(3). Puspan. L. 106–117, § 1022(span), added par. (3).

1998—Subsecs. (a)(1), (i)(1), (k). Puspan. L. 105–368 substituted “Court of Appeals for Veterans Claims” for “Court of Veterans Appeals”.

1991—Puspan. L. 102–40, § 402(span)(1), renumbered section 4096 of this title as this section.

Subsec. (f)(2)(A). Puspan. L. 102–198 substituted “8440d” for “8440c”.

Puspan. L. 102–82 inserted before semicolon at end “except as authorized by section 8440c of title 5”.

Subsec. (h)(3)(B). Puspan. L. 102–40, § 402(d)(1), substituted “7297” for “4097” in introductory provisions, “7297(span)” for “4097(span)” in cl. (i), and “7297(e)” for “4097(e)” in cl. (ii).

Statutory Notes and Related Subsidiaries

Effective Date of 1999 Amendment

Amendment by section 1035(2) of Puspan. L. 106–117 effective Nov. 30, 1999, with savings provision for incumbent chief judge, see section 1036 of Puspan. L. 106–117, set out as a note under section 7253 of this title.

Effective Date of 1998 Amendment

Amendment by Puspan. L. 105–368 effective on first day of first month beginning more than 90 days after Nov. 11, 1998, see section 513 of Puspan. L. 105–368, set out as a note under section 7251 of this title.

Transitional Provisions To Stagger Terms of Judges

Puspan. 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.”

Puspan. L. 106–117, title X, §§ 1011, 1012, Nov. 30, 1999, 113 Stat. 1588, 1590, provided that:

“SEC. 1011. EARLY RETIREMENT AUTHORITY FOR CURRENT JUDGES.

“(a)Retirement Authorized.—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.

“(span)Eligible Judges.—For purposes of this section, an eligible judge is a judge of the Court (other than the chief judge) who—

“(1) has at least 10 years of service creditable under section 7296 of title 38, United States Code;

“(2) has made an election to receive retired pay under section 7296 of such title;

“(3) has at least 20 years of service described in section 7297(l) of such title; and

“(4) is at least 55 years of age.

“(c)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.

“(d)Notice.—