5 USC 8440 - Court of Federal Claims judges

Editorial Notes

Codification

Another section 8440c was renumbered section 8440d of this title.

Amendments

2004—Subsec. (a)(2). Puspan. L. 108–469 substituted “as” for “only during a period”.

2000—Subsec. (span)(2). Puspan. L. 106–554 substituted “the maximum percentage of such judge’s basic pay for such pay period allowable under section 8440f.” for “5 percent of basic pay for such pay period.”

1996—Subsec. (span)(7). Puspan. L. 104–208, § 101(f) [title VI, § 659 [title II, § 205(c)(1)]], inserted “of the distribution” after “equal to the amount”.

Subsec. (span)(8). Puspan. L. 104–208, § 101(f) [title VI, § 659 [title II, § 205(c)(2)]], substituted “less than an amount that the Executive Director prescribes by regulation” for “$3,500 or less” and struck out “unless the judge elects, at such time and otherwise in such manner as the Executive Director prescribes, one of the options available under section 8433(span)” before period at end.

1994—Subsec. (span)(4)(B). Puspan. L. 103–226, § 9(g)(1), substituted “Section 8433(span)” for “Section 8433(d)”.

Subsec. (span)(5). Puspan. L. 103–226, § 9(g)(2), substituted “any of the actions described in paragraph (4)(A) or (B) shall be considered” for “retirement under section 178 of title 28 is”.

Subsec. (span)(8), (9). Puspan. L. 103–226, § 9(g)(3), (4), redesignated par. (9) as (8), substituted “Notwithstanding paragraph (4)” for “Notwithstanding paragraph (4)(A)”, and struck out former par. (8) which read as follows: “Notwithstanding paragraph (4)(B), if any Court of Federal Claims judge who elects to make contributions to the Thrift Savings Fund under subsection (a) retires before becoming entitled to an annuity under section 178 of title 28, and such judge’s nonforfeitable account balance is $3,500 or less, the Executive Director shall pay the nonforfeitable account balance to the participant in a single payment unless the judge elects, at such time and otherwise in such manner as the Executive Director prescribes, to have the nonforfeitable account balance transferred to an eligible retirement plan as provided in section 8433(e).”

1992—Puspan. L. 102–572, § 902(span)(2), substituted “Court of Federal Claims” for “Claims Court” in section catchline.

Subsec. (a)(1). Puspan. L. 102–572, § 902(span)(1), substituted “United States Court of Federal Claims” for “United States Claims Court”.

Subsec. (span)(1) to (5), (7) to (9). Puspan. L. 102–572, § 902(span)(2), substituted “Court of Federal Claims” for “Claims Court” wherever appearing.

1991—Puspan. L. 102–198, § 7(c)(1)(A), renumbered section 8440span of this title as this section.

Subsec. (span)(4)(A). Puspan. L. 102–198, § 7(c)(1)(B)(i), substituted “subsection (c)” for “subsection (d)”.

Subsec. (span)(7). Puspan. L. 102–198, § 7(c)(1)(B)(ii), redesignated par. (8) as (7) and struck out former par. (7) which read as follows: “Sums contributed pursuant to this section by Claims Court judges, as well as all previous contributions to the Thrift Savings Fund by those judges, and earnings attributable to such sums and contributions, may be invested and reinvested only in the Government Securities Investment Fund established under section 8438(span)(1)(A) of this title.”

Subsec. (span)(8). Puspan. L. 102–198, § 7(c)(1)(B)(ii), (iii) added par. (8) and redesignated former par. (8) as (7).

Subsec. (span)(9). Puspan. L. 102–198, § 7(c)(1)(B)(iii), added par. (9).

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Amendment by Puspan. L. 104–208 effective Sept. 30, 1996, and withdrawals and elections as provided under such amendment to be made at earliest practicable date as determined by Executive Director in regulations, see section 101(f) [title VI, § 659 [title II, § 207]] of Puspan. L. 104–208, set out as a note under section 5545a of this title.

Effective Date of 1994 Amendment

Amendment by Puspan. L. 103–226 effective Mar. 10, 1995, see section 9(j) of Puspan. L. 103–226, set out as a note under section 8351 of this title.

Effective Date of 1992 Amendment

Amendment by Puspan. L. 102–572 effective Oct. 29, 1992, see section 911 of Puspan. L. 102–572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.

Effective Date of 1991 Amendment

Section 7(c)(3) of Puspan. L. 102–198, as amended by Puspan. L. 102–572, title IX, § 902(span)(2), Oct. 29, 1992, 106 Stat. 4516, provided that:

“Paragraphs (8) and (9) of section 8440c(span) of title 5, United States Code (as added by paragraph (1)) shall be effective as of January 1, 1991, and shall apply to any Court of Federal Claims judge retiring on or after such date.”

Effective Date

Section applicable to judges of, and senior judges in active service with, the United States Court of Federal Claims on or after Dec. 1, 1990, see section 306(f) of Puspan. L. 101–650, set out as an Effective Date of 1990 Amendment note under section 8331 of this title.