28 U.S.C. § 178 : US Code - Section 178: Retirement of judges of the Court of Federal Claims

Search 28 U.S.C. § 178 : US Code - Section 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.
(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.