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38 U.S.C. § 7298 — Retirement Fund

Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 7298 — Retirement Fund

**(a)** There is established in the Treasury a fund known as the Court of Appeals for Veterans Claims Retirement Fund. **(b)** Amounts in the fund are available for the payment of judges’ retired pay under [section 7296 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7296&num=0&edition=prelim) and of annuities, refunds, and allowances under [section 7297 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7297&num=0&edition=prelim). **(c)** Amounts deposited by, or deducted and withheld from the salary and retired pay of, a judge under section 7296 or 7297 of this title shall be deposited in the fund and credited to an individual account of the judge. **(d)** The chief judge of the Court of Appeals for Veterans Claims shall submit to the President an annual estimate of the expenditures and appropriations necessary for the maintenance and operation of the fund, and such supplemental and deficiency estimates as may be required from time to time for the same purposes, according to law. **(e)** (1) The chief judge may cause periodic examinations of the retirement fund to be made by an actuary, who may be an actuary employed by another department of the Government temporarily assigned for the purpose. (2) (A) Subject to the availability of appropriations, there shall be deposited in the Treasury to the credit of the retirement fund, not later than the close of each fiscal year, such amounts as may be required to reduce to zero the unfunded liability (if any) of the fund. Such deposits shall be taken from sums available for that fiscal year for the payment of the expenses of the Court. (B) For purposes of subparagraph (A) of this paragraph, the term “unfunded liability”, with respect

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Stable record: federal_law:legal_authorities:record_usc_20241abbd4633b112bb9ccd3
Source file: Laws/federal/codes/united-states-code/title-38/section-7298-retirement-fund--3dfaf42084.md
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Source location: Title 38, Chapter 72, § 7298; chapter-072-united-states-court-of-appeals-for-veterans-claims.md

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**(a)** There is established in the Treasury a fund known as the Court of Appeals for Veterans Claims Retirement Fund. **(b)** Amounts in the fund are available for the payment of judges’ retired pay under [section 7296 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7296&num=0&edition=prelim) and of annuities, refunds, and allowances under [section 7297 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7297&num=0&edition=prelim). **(c)** Amounts deposited by, or deducted and withheld from the salary and retired pay of, a judge under section 7296 or 7297 of this title shall be deposited in the fund and credited to an individual account of the judge. **(d)** The chief judge of the Court of Appeals for Veterans Claims shall submit to the President an annual estimate of the expenditures and appropriations necessary for the maintenance and operation of the fund, and such supplemental and deficiency estimates as may be required from time to time for the same purposes, according to law. **(e)** (1) The chief judge may cause periodic examinations of the retirement fund to be made by an actuary, who may be an actuary employed by another department of the Government temporarily assigned for the purpose. (2) (A) Subject to the availability of appropriations, there shall be deposited in the Treasury to the credit of the retirement fund, not later than the close of each fiscal year, such amounts as may be required to reduce to zero the unfunded liability (if any) of the fund. Such deposits shall be taken from sums available for that fiscal year for the payment of the expenses of the Court. (B) For purposes of subparagraph (A) of this paragraph, the term “unfunded liability”, with respect to any fiscal year, means the amount estimated by the chief judge to be equal to the excess (as of the close of that fiscal year) of— (i) the present value of all benefits payable from the fund (determined on an annual basis in accordance with [section 9503 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section9503&num=0&edition=prelim)), over (ii) the sum of— (I) the present values of future deductions under sections 7296(i) and 7297(c) of this title and future deposits under sections 7296(j) and 7296(d) of this title, and (II) the balance in the fund as of the close of the fiscal year. (C) For purposes of subparagraph (B), the term “present value” includes a value determined by an actuary with respect to a payment that may be made under subsection (b) from the retirement fund within the contemplation of law. (D) Amounts deposited in the retirement fund under this paragraph shall not be credited to the account of any individual. **(f)** The Secretary of the Treasury shall invest from time to time, in interest-bearing securities of the United States, such portions of the retirement fund as in such Secretary’s judgment may not be immediately required for payments from the fund. The income derived from such investments shall constitute a part of the fund. **(g)** For purpose of section 255(g)(1)(B) of the Balanced Budget and Emergency Deficit Control Act of 1985 ([2 U.S.C. 905(g)(1)(B)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section905/g/1/B&num=0&edition=prelim)), the retirement fund shall be treated in the same manner as the Claims Judges’ Retirement Fund.

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 7251 — Status

There is hereby established, under Article I of the Constitution of the United States, a court of record to be known as the United States Court of Appeals for Veterans Claims.

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 7297 — Survivor annuities

**(a)** For purposes of this section: (1) The term “Court” means the United States Court of Appeals for Veterans Claims. (2) The term “judge” means a judge of the Court who is in active service or who has retired under [section 7296 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7296&num=0&edition=prelim). (3) The term “pay” means salary received under [section 7253(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7253/e&num=0&edition=prelim) and retired pay received under [section 7296 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7296&num=0&edition=prelim). (4) The term “retirement fund” means the Court of Appeals for Veterans Claims Retirement Fund established under [section 7298 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7298&num=0&edition=prelim). (5) The term “surviving spouse” means a surviving spouse of an individual who (A) was married to such individual for at least one year immediately preceding the individual’s death, or (B) is a parent of issue by the marriage. (6) The term “dependent child” has the meaning given the term “child” in [section 376(a)(5) of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section376/a/5&num=0&edition=prelim). (7) The term “Member of Congress” means a Representative, a Senator, a Delegate to Congress, or the Resident Commissioner of Puerto Rico. (8) The term “assassination” as applied to a judge shall have the meaning provided that term in [section 376(a)(7) of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section376/a/7&num=0&edition=prelim) as applied to a judicial official. *

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 9503 — Reports about Government pension plans

**(a)** Repealed. Pub. L. 105–362, title XV, § 1501(a), Nov. 10, 1998, 112 Stat. 3294.] **(b)** This chapter does not prevent a Government pension plan from using the services of an enrolled actuary employed by an agency administering the plan. **(c)** The requirements of this section are satisfied with respect to the Thrift Savings Plan described under subchapter III of chapter 84 of title 5, by preparation and transmission of the report described under section 8439(b) of such title.

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 7296 — Retirement of judges

**(a)** For purposes of this section: (1) The term “Court” means the United States Court of Appeals for Veterans Claims. (2) The term “judge” means a judge of the Court. **(b)** (1) A judge who meets the age and service requirements set forth in the following table may retire: The judge has attained age:And the years of service as a judge are at least 6515 6614 6713 6812 6911 7010 (2) A judge who is not reappointed following the expiration of the term for which appointed may retire upon the completion of that term if the judge has served as a judge of the Court for 15 years or more. (3) A judge who becomes permanently disabled and as a result of that disability is unable to perform the duties of the office shall retire. **(c)** (1) (A) A judge who is appointed on or after the date of the enactment of the Veterans’ Benefits Improvement Act of 2008 and who retires under subsection (b) and elects under subsection (d) to receive retired pay under this subsection shall (except as provided in paragraph (2)) receive retired pay as follows: (i) In the case of a judge who is a recall-eligible retired judge under [section 7257 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7257&num=0&edition=prelim), the retired pay of the judge shall (subject to [section 7257(d)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7257/d/2&num=0&edition=prelim)) be the rate of pay applicable to that judge at the time of retirement, as adjusted from time to time under subsection (f)(3). (ii) In the case of a judge other than a recall-eligible retired judge, the retired pay of the judge shall be the rate of pay applicable to that judge at the time of retirement. (B) A judge who retired befo

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 905 — Exempt programs and activities

**(a) Social security benefits and tier I railroad retirement benefits** Benefits payable under the old-age, survivors, and disability insurance program established under title II of the Social Security Act ([42 U.S.C. 401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section401&num=0&edition=prelim) et seq.), and benefits payable under sections 231b and 231c 11 See References in Text note below. of title 45, shall be exempt from reduction under any order issued under this subchapter. **(b) Veterans programs** The following programs shall be exempt from reduction under any order issued under this subchapter: All programs administered by the Department of Veterans Affairs. Special benefits for certain World War II veterans (28–0401–0–1–701). **(c) Net interest** No reduction of payments for net interest (all of major functional category 900) shall be made under any order issued under this subchapter. **(d) Refundable income tax credits and certain elective payments** (1) **Refundable income tax credits** — Payments to individuals made pursuant to provisions of title 26 establishing refundable tax credits shall be exempt from reduction under any order issued under this subchapter. (2) **Certain elective payments** — Payments made to taxpayers pursuant to elections under subsection (d) of [section 48D of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section48D&num=0&edition=prelim), or amounts treated as payments which are made by taxpayers under paragraph (1) of such subsection, shall be exempt from reduction under any order issued under this subchapter. **(e) Non-defense unobligated balances** Unobligated balances of budget authority carried over from prior fiscal years, except balances in the defense categor

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 905 — Exempt programs and activities

Page 262 TITLE 2—THE CONGRESS § 905 1 See References in Text note below. 2 So in original. Probably should be followed by a period. 1988—Pub. L. 100–203, title IV, §§ 4001, 4041(b), 4061, title VIII, § 8002, Dec. 22, 1987, 101 Stat. 1330–42, 1330–84, 1330–100, 1330–281. Pub. L. 100–202, § 1, Dec. 22, 1987, 101 Stat. 1329. Order of the President of the United States, Nov. 20, 1987, 52 F.R. 44960. Order of the President of the United States, Oct. 20, 1987, 52 F.R. 39205. 1986—Pub. L. 99–366, July 31, 1986, 100 Stat. 773. Pub. L. 99–349, title II, § 202, July 2, 1986, 100 Stat. 748. Pub. L. 99–255, Mar. 7, 1986, 100 Stat. 39, as amended by Pub. L. 99–322, § 1, May 23, 1986, 100 Stat. 494. Order of the President of the United States, Feb. 1, 1986, 51 F.R. 4291. § 905. Exempt programs and activities (a) Social security benefits and tier I railroad re- tirement benefits Benefits payable under the old-age, survivors, and disability insurance program established under title II of the Social Security Act (42 U.S.C. 401 et seq.), and benefits payable under sections 231b and 231c 1 of title 45, shall be ex- empt from reduction under any order issued under this subchapter. (b) Veterans programs The following programs shall be exempt from reduction under any order issued under this sub- chapter: All programs administered by the Depart- ment of Veterans Affairs. Special benefits for certain World War II veterans (28–0401–0–1–701). (c) Net interest No reduction of payments for net interest (all of major functional category 900) shall be made under any order issued under this subchapter. (d) Refundable income tax credits and certain elective payments (1) Refundable income tax credits Payments to individuals made pursuant to provisions of title 26 e

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 7298 — Retirement Fund

Page 1155 TITLE 38—VETERANS’ BENEFITS § 7298 manner and shall have the same force and effect as an election filed under section 7296(d) of this title. (o) Each survivor annuity payable from the re- tirement fund shall be increased at the same time as, and by the same percentage by which, annuities payable from the Judicial Survivors’ Annuities Fund are increased pursuant to sec- tion 376(m) of title 28. (p)(1) A covered judge who makes an election under subsection (b) may purchase, in 3-month increments, up to an additional year of service credit for each year of Federal judicial service completed, under the terms set forth in this sec- tion. (2) In this subsection, the term ‘‘covered judge’’ means any of the following: (A) A judge in regular active service. (B) A retired judge who is a recall-eligible retired judge pursuant to subsection (a) of sec- tion 7257 of this title. (C) A retired judge who would be a recall-eli- gible retired judge pursuant to subsection (a) of section 7257 but for— (i) meeting the aggregate recall service re- quirements under subsection (b)(3) of such section; or (ii) being permanently disabled as de- scribed by subsection (b)(4) of such section. (Added Pub. L. 101–94, title I, § 101(a), Aug. 16, 1989, 103 Stat. 620, § 4097; renumbered § 7297 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–54, § 14(e)(6), June 13, 1991, 105 Stat. 287; Pub. L. 102–82, § 5(c)(2), Aug. 6, 1991, 105 Stat. 376; Pub. L. 102–198, § 7(c)(4)(E), Dec. 9, 1991, 105 Stat. 1625; Pub. L. 105–368, title V, §§ 503, 512(a)(1), Nov. 11, 1998, 112 Stat. 3340, 3341; Pub. L. 106–117, title X, §§ 1023, 1035(2), Nov. 30, 1999, 113 Stat. 1592, 1595; Pub. L. 114–315, title II, § 203, Dec. 16, 2016,

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