§ 178. — Retirement of judges of the Court of Federal Claims.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC178]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART I--ORGANIZATION OF COURTS
CHAPTER 7--UNITED STATES COURT OF FEDERAL CLAIMS
Sec. 178. Retirement of judges of the Court of Federal Claims
(a) A judge of the United States Court of Federal Claims who retires
from office after attaining the age and meeting the service
requirements, whether continuously or otherwise, of this subsection
shall, subject to subsection (f), be entitled to receive, during the
remainder of the judge's lifetime, an annuity equal to the salary
payable to Court of Federal Claims judges in regular active service. The
age and service requirements for retirement under this subsection are as
follows:
Years of
Attained Age: Service:
65.................................. 15
66.................................. 14
67.................................. 13
68.................................. 12
69.................................. 11
70.................................. 10.
(b) A judge of the Court of Federal Claims who is not reappointed
following the expiration of the term of office of such judge, and who
retires upon the completion of such term shall, subject to subsection
(f), be entitled to receive, during the remainder of such judge's
lifetime, an annuity equal to the salary payable to Court of Federal
Claims judges in regular active service, if--
(1) such judge has served at least 1 full term as judge of the
Court of Federal Claims, and
(2) not earlier than 9 months before the date on which the term
of office of such judge expired, and not later than 6 months before
such date, such judge advised the President in writing that such
judge was willing to accept reappointment as a judge of the Court of
Federal Claims.
(c) A judge of the Court of Federal Claims who has served at least 5
years, whether continuously or otherwise, as such a judge, and who
retires or is removed from office upon the sole ground of mental or
physical disability shall, subject to subsection (f), be entitled to
receive, during the remainder of the judge's lifetime--
(1) an annuity equal to 50 percent of the salary payable to
Court of Federal Claims judges in regular active service, if before
retirement such judge served less than 10 years, or
(2) an annuity equal to the salary payable to Court of Federal
Claims judges in regular active service, if before retirement such
judge served at least 10 years.
(d) A judge who retires under subsection (a) or (b) may, at or after
such retirement, be called upon by the chief judge of the Court of
Federal Claims to perform such judicial duties with the Court of Federal
Claims as may be requested of the retired judge for any period or
periods specified by the chief judge, except that in the case of any
such judge--
(1) the aggregate of such periods in any one calendar year shall
not (without his or her consent) exceed 90 calendar days; and
(2) he or she shall be relieved of performing such duties during
any period in which illness or disability precludes the performance
of such duties.
Any act, or failure to act, by an individual performing judicial duties
pursuant to this subsection shall have the same force and effect as if
it were the act (or failure to act) of a Court of Federal Claims judge
in regular active service. Any individual performing judicial duties
pursuant to this subsection shall receive the allowances for official
travel and other expenses of a judge in regular active service.
(e)(1) Any judge who retires under the provisions of subsection (a)
or (b) of this section shall be designated ``senior judge''.
(2) Any judge who retires under this section shall not be counted as
a judge of the Court of Federal Claims for purposes of the number of
judgeships authorized by section 171 of this title.
(f)(1) A judge shall be entitled to an annuity under this section if
the judge elects an annuity under this section by notifying the Director
of the Administrative Office of the United States Courts in writing.
Such an election--
(A) may be made only while an individual is a judge of the Court
of Federal Claims (except that in the case of an individual who
fails to be reappointed as judge at the expiration of a term of
office, such election may be made at any time before the day after
the day on which his or her successor takes office); and
(B) once made, shall, subject to subsection (k), be irrevocable.
(2) A judge who elects to receive an annuity under this section
shall not be entitled to receive--
(A) any annuity to which such judge would otherwise have been
entitled under subchapter III of chapter 83, or under chapter 84
(except for subchapters III and VII), of title 5, for service
performed as a judge or otherwise;
(B) an annuity or salary in senior status or retirement under
section 371 or 372 of this title;
(C) retired pay under section 7447 of the Internal Revenue Code
of 1986; or
(D) retired pay under section 7296 of title 38.
(g) For purposes of calculating the years of service of an
individual under subsections (a) and (c), only those years of service as
a judge of the Court of Federal Claims or a commissioner of the United
States Court of Claims shall be credited, and that portion of the
aggregate number of years of such service that is a fractional part of 1
year shall not be credited if it is less than 6 months, and shall be
credited if it is 6 months or more.
(h) An annuity under this section shall be payable at the times and
in the same manner as the salary of a Court of Federal Claims judge in
regular active service. Such annuity shall begin to accrue on the day
following the day on which the annuitant's salary as a judge in regular
active service ceases to accrue.
(i)(1) Payments under this section which would otherwise be made to
a judge of the Court of Federal Claims based upon his or her service
shall be paid (in whole or in part) by the Director of the
Administrative Office of the United States Courts to another person if
and to the extent expressly provided for in the terms of any court
decree of divorce, annulment, or legal separation, or the terms of any
court order or court-approved property settlement agreement incident to
any court decree of divorce, annulment, or legal separation. Any payment
under this paragraph to a person bars recovery by any other person.
(2) Paragraph (1) shall apply only to payments made by the Director
of the Administrative Office of the United States Courts after the date
of receipt by the Director of written notice of such decree, order, or
agreement, and such additional information as the Director may
prescribe.
(3) As used in this subsection, the term ``court'' means any court
of any State, the District of Columbia, the Commonwealth of Puerto Rico,
Guam, the Commonwealth of the Northern Mariana Islands, or the Virgin
Islands, and any Indian tribal court or court of Indian offense.
(j)(1) Subject to paragraph (4), any judge of the Court of Federal
Claims who retires under this section and who thereafter in the practice
of law represents (or supervises or directs the representation of) a
client in making any civil claim against the United States or any agency
thereof shall forfeit all rights to an annuity under this section for
all periods beginning on or after the first day on which he engages in
any such activity.
(2) Subject to paragraph (4), if a judge of the Court of Federal
Claims who retires under this section fails during any calendar year to
perform judicial duties required of such judge by subsection (d), such
judge shall forfeit all rights to an annuity under this section for the
1-year period which begins on the first day on which he or she so fails
to perform such duties.
(3) If a judge of the Court of Federal Claims who retires under this
section accepts compensation for civil office or employment under the
Government of the United States (other than for the performance of
judicial duties under subsection (d)), such judge shall forfeit all
rights to an annuity under this section for the period for which such
compensation is received.
(4)(A) If a judge makes an election under this paragraph--
(i) paragraphs (1) and (2) (and subsection (d)) shall not apply
to such judge beginning on the date such election takes effect, and
(ii) the annuity payable under this section to such judge, for
periods beginning on or after the date such election takes effect,
shall be equal to the annuity to which such judge is entitled on the
day before such effective date.
(B) An election under subparagraph (A)--
(i) may be made by a judge only if such judge meets the age and
service requirements for retirement under subsection (a),
(ii) may be made only during the period during which such judge
may make an election to receive an annuity under this section or
while the judge is receiving an annuity under this section, and
(iii) shall be filed with the Director of the Administrative
Office of the United States Courts.
Such an election, once it takes effect, shall be irrevocable.
(C) Any election under this paragraph shall take effect on the first
day of the first month following the month in which the election is
made.
(k)(1) Notwithstanding subsection (f)(1)(B), an individual who has
filed an election under subsection (f) to receive an annuity may revoke
such election at any time before the first day on which such annuity
would (but for such revocation) begin to accrue with respect to such
individual.
(2) Any revocation under this subsection shall be made by filing a
notice thereof in writing with the Director of \1\ Administrative Office
of the United States Courts.
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\1\ So in original. Probably should be ``of the''.
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(3) In the case of any revocation under this subsection--
(A) for purposes of this section, the individual shall be
treated as not having filed an election under subsection (f) to
receive an annuity,
(B) for purposes of section 376 of this title--
(i) the individual shall be treated as not having filed an
election under section 376(a)(1), and
(ii) section 376(g) shall not apply, and the amount credited
to such individual's account (together with interest at 3
percent per annum, compounded on December 31 of each year to the
date on which the revocation is filed) shall be returned to such
individual,
(C) no credit shall be allowed for any service as a judge of the
Court of Federal Claims or as a commissioner of the United States
Court of Claims unless with respect to such service either there has
been deducted and withheld the amount required by chapter 83 or 84
(as the case may be) of title 5 or there has been deposited in the
Civil Service Retirement and Disability Fund an amount equal to the
amount so required, with interest,
(D) the Court of Federal Claims shall deposit in the Civil
Service Retirement and Disability Fund an amount equal to the
additional amount it would have contributed to such Fund but for the
election under subsection (f), and
(E) if subparagraph (D) is complied with, service on the Court
of Federal Claims or as a commissioner of the United States Court of
Claims shall be treated as service with respect to which deductions
and contributions had been made during the period of service.
(l)(1) There is established in the Treasury a fund which shall be
known as the ``Court of Federal Claims Judges Retirement Fund''. The
Fund is appropriated for the payment of annuities and other payments
under this section.
(2) The Secretary of the Treasury shall invest, in interest bearing
securities of the United States, such currently available portions of
the Court of Federal Claims Judges Retirement Fund as are not
immediately required for payments from the Fund. The income derived from
these investments constitutes a part of the Fund.
(3)(A) There are authorized to be appropriated to the Court of
Federal Claims Judges Retirement Fund amounts required to reduce to zero
the unfunded liability of the Fund.
(B) For purposes of subparagraph (A), the term ``unfunded
liability'' means the estimated excess, determined on an annual basis in
accordance with the provisions of section 9503 of title 31, of the
present value of all benefits payable from the Court of Federal Claims
Judges Retirement Fund, over the balance in the Fund as of the date the
unfunded liability is determined. In making any determination under this
subparagraph, the Comptroller General shall use the applicable
information contained in the reports filed pursuant to section 9503 of
title 31, with respect to the retirement annuities provided for in this
section.
(C) There are authorized to be appropriated such sums as may be
necessary to carry out this paragraph.
(Added Pub. L. 101-650, title III, Sec. 306(a)(1), Dec. 1, 1990, 104
Stat. 5105; amended Pub. L. 102-40, title IV, Sec. 402(d)(2), May 7,
1991, 105 Stat. 239; Pub. L. 102-198, Sec. 7(a), Dec. 9, 1991, 105 Stat.
1624; Pub. L. 102-572, title IX, Sec. 902(a), Oct. 29, 1992, 106 Stat.
4516.)
References in Text
Section 7447 of the Internal Revenue Code of 1986, referred to in
subsec. (f)(2)(C), is classified to section 7447 of Title 26, Internal
Revenue Code.
Amendments
1992--Pub. L. 102-572 substituted ``United States Court of Federal
Claims'' for ``United States Claims Court'' in subsec. (a) and ``Court
of Federal Claims'' for ``Claims Court'' in section catchline and
wherever appearing in text.
1991--Subsec. (f)(2)(A). Pub. L. 102-198, Sec. 7(a)(1), inserted
``(except for subchapters III and VII)'' after ``chapter 84''.
Subsec. (f)(2)(D). Pub. L. 102-40 substituted ``section 7296 of
title 38'' for ``section 4096 of title 38''.
Subsec. (j)(1). Pub. L. 102-198, Sec. 7(a)(2)(A), substituted
``paragraph (4)'' for ``paragraph (2)'' and ``engages in any such
activity'' for ``so practices law''.
Subsec. (j)(2). Pub. L. 102-198, Sec. 7(a)(2)(B), substituted
``Subject to paragraph (4), if'' for ``If''.
Subsec. (j)(3). Pub. L. 102-198, Sec. 7(a)(2)(C), inserted ``for''
after ``(other than''.
Effective Date of 1992 Amendment
Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
911 of Pub. L. 102-572, set out as a note under section 171 of this
title.
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 Pub. L. 101-650, as amended, set out as an
Effective Date of 1990 Amendment note under section 8331 of Title 5,
Government Organization and Employees.
Section Referred to in Other Sections
This section is referred to in sections 179, 364, 376, 604, 797 of
this title; title 5 sections 8334, 8402, 8440c.
