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28 U.S.C. § 178 — Retirement of judges of the Court of Federal Claims
Federal law — U.S. Code and appendices · legal_authorities
**(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: Attained Age:Years of Service: 6515 6614 6713 6812 6911 7010.
**(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 ju
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Stable record: federal_law:legal_authorities:record_usc_42b8dc78b43a2f744fee61ea
Source file: Laws/federal/codes/united-states-code/title-28/section-178-retirement-of-judges-of-the-court-of-federal-claims--d5e0497066.md
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Source location: Title 28, Chapter 7, § 178; chapter-007-united-states-court-of-federal-claims.md
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**(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: Attained Age:Years of Service: 6515 6614 6713 6812 6911 7010.
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section171&num=0&edition=prelim).
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7296&num=0&edition=prelim).
**(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 11 So in original. Probably should be “of the”. 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section376&num=0&edition=prelim)—
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section9503&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section9503&num=0&edition=prelim), 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** For purposes of this section—
(1) The term “Tax Court” means the United States Tax Court.
(2) The term “judge” means the chief judge or a judge of the Tax Court; but such term does not include any individual performing judicial duties pursuant to subsection (c).
(3) In any determination of length of service as judge there shall be included all periods (whether or not consecutive) during which an individual served as judge, as judge of the Tax Court of the United States, or as a member of the Board of Tax Appeals.
**(b) Retirement**
(1) Any judge shall retire upon attaining the age of 70.
(2) Any 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.
(3) Any judge who is not reappointed following the expiration of the term of his office may retire upon the completion of such term, if (A) he has served as a judge of the Tax Court for 15 years or more and (B) not earlier than 9 months preceding the date of the expiration of the term of his office and not later than 6 months preceding such date, he advised the President in writing that he was willing to accept reappointment to the Tax Court.
(4) Any judge who becomes permanently disabled from performing his duties shall retire.
[Section 8335(a) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8335/a&num=0&edition=prelim) of the United States Code (relating to automatic separation from the service) shall not apply in respect of judges. Any judge who retires shall be designated “senior judge”.
**(c) Recalling of retired judges** At or after his retirement, any individual who has elected to receive retired pay under
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Federal law — U.S. Code and appendices · legal_authorities
**(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
**(a)** For the purposes of this section—
(1) “judicial official” means:
(A) a Justice or judge of the United States, as defined by [section 451 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section451&num=0&edition=prelim);
(B) a judge of the District Court of Guam, the District Court of the Northern Mariana Islands, or the District Court of the Virgin Islands;
(C) a Director of the Administrative Office of the United States Courts, after he or she has filed a waiver under subsection (a) of [section 611 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section611&num=0&edition=prelim);
(D) a Director of the Federal Judicial Center, after he or she has filed a waiver under subsection (a) of [section 627 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section627&num=0&edition=prelim);
(E) a Counselor to the Chief Justice of the United States, after he or she has filed a waiver in accordance with both subsection (a) of section 677 and subsection (a) of [section 611 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section611&num=0&edition=prelim);
(F) a full-time bankruptcy judge or a full-time United States magistrate judge; or
(G) a judge of the United States Court of Federal Claims;
who notifies the Director of the Administrative Office of the United States Courts in writing of his or her intention to come within the purview of this section within six months after (i) the date upon which he or she takes office, (ii) the date upon which he or she marries, (iii) January 1, 1977, (iv) October 1, 1986, (v) the date of the enactment of the Retirement and Survivors’ Annuities for Bankruptcy Judges and Magistrate
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of this subchapter—
(1) “employee” means—
(A) an employee as defined by [section 2105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2105&num=0&edition=prelim);
(B) the Architect of the Capitol, an employee of the Architect of the Capitol, and an employee of the Botanic Garden;
(C) a Congressional employee as defined by [section 2107 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2107&num=0&edition=prelim) (other than the Architect of the Capitol, an employee of the Architect of the Capitol, and an employee of the Botanic Garden), after he gives notice in writing to the official by whom he is paid of his desire to become subject to this subchapter;
(D) a temporary Congressional employee appointed at an annual rate of pay, after he gives notice in writing to the official by whom he is paid of his desire to become subject to this subchapter;
(E) a United States Commissioner whose total pay for services performed as Commissioner is not less than $3,000 in each of the last 3 consecutive calendar years ending after December 31, 1954;
(F) an individual employed by a county committee established under [section 590h(b) of title 16](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section590h/b&num=0&edition=prelim);
(G) an individual first employed by the government of the District of Columbia before October 1, 1987;
(H) an individual employed by Gallaudet College;
(I) an individual appointed to a position on the office staff of a former President under section 1(b) of the Act of August 25, 1958 (72 Stat. 838);
(J) an alien (i) who was previously employed by the Government, (ii) who is employed full time by a foreign government
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7296
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The President shall appoint, by and with the advice and consent of the Senate, sixteen judges who shall constitute a court of record known as the United States Court of Federal Claims. The court is declared to be a court established under article I of the Constitution of the United States.
**(b)** The President shall designate one of the judges of the Court of Federal Claims who is less than seventy years of age to serve as chief judge. The chief judge may continue to serve as such until he reaches the age of seventy years or until another judge is designated as chief judge by the President. After the designation of another judge to serve as chief judge, the former chief judge may continue to serve as a judge of the court for the balance of the term to which appointed.
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Federal law — U.S. Code and appendices · legal_authorities
New York is divided into four judicial districts to be known as the Northern, Southern, Eastern, and Western Districts of New York.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** For purposes of construing and applying title 5, a judge of the United States Court of Federal Claims shall be deemed to be an “officer” under section 2104(a) of such title.
**(b)**
(1)
(A) For purposes of construing and applying chapter 89 of title 5, a judge of the United States Court of Federal Claims who—
(i) is retired under subsection (b) of [section 178 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section178&num=0&edition=prelim), and
(ii) at the time of becoming such a retired judge—
(I) was enrolled in a health benefits plan under chapter 89 of title 5, but
(II) did not satisfy the requirements of [section 8905(b)(1) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8905/b/1&num=0&edition=prelim) (relating to eligibility to continue enrollment as an annuitant),
shall be deemed to be an annuitant meeting the requirements of [section 8905(b)(1) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8905/b/1&num=0&edition=prelim), in accordance with the succeeding provisions of this paragraph, if the judge gives timely written notification to the chief judge of the court that the judge is willing to be called upon to perform judicial duties under [section 178(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section178/d&num=0&edition=prelim) during the period of continued eligibility for enrollment, as described in subparagraph (B)(ii) or (C)(ii) (whichever applies).
(B) Except as provided in subparagraph (C)—
(i) in order to be eligible for continued enrollment under this paragraph, notification under subparagraph (A) shall be made before the first day of the open enrollm
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 179
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Director shall be the administrative officer of the courts, and under the supervision and direction of the Judicial Conference of the United States, shall:
(1) Supervise all administrative matters relating to the offices of clerks and other clerical and administrative personnel of the courts;
(2) Examine the state of the dockets of the courts; secure information as to the courts’ need of assistance; prepare and transmit semiannually to the chief judges of the circuits, statistical data and reports as to the business of the courts;
(3) Submit to the annual meeting of the Judicial Conference of the United States, at least two weeks prior thereto, a report of the activities of the Administrative Office and the state of the business of the courts, together with the statistical data submitted to the chief judges of the circuits under paragraph (a)(2) of this section, and the Director’s recommendations, which report, data and recommendations shall be public documents.
(4) Submit to Congress and the Attorney General copies of the report, data and recommendations required by paragraph (a)(3) of this section;
(5) Fix the compensation of clerks of court, deputies, librarians, criers, messengers, law clerks, secretaries, stenographers, clerical assistants, and other employees of the courts whose compensation is not otherwise fixed by law, and, notwithstanding any other provision of law, pay on behalf of Justices and judges of the United States appointed to hold office during good behavior, United States magistrate judges, bankruptcy judges appointed under chapter 6 of this title, judges of the District Court of Guam, judges of the District Court for the Northern Mariana Islands, judges of the District Court of the Virgin Islands, bankruptcy judges and magistrate j
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1)
(A) The employing agency shall deduct and withhold from the basic pay of an employee, Member, Congressional employee, law enforcement officer, firefighter, bankruptcy judge, judge of the United States Court of Appeals for the Armed Forces, United States magistrate,11 So in original. Probably should be “United States magistrate judge,”. Court of Federal Claims judge, member of the Capitol Police, member of the Supreme Court Police, nuclear materials courier, or customs and border protection officer, as the case may be, the percentage of basic pay applicable under subsection (c).
(B)
(i) Except as provided in clause (ii), an equal amount shall be contributed from the appropriation or fund used to pay the employee or, in the case of an elected official, from an appropriation or fund available for payment of other salaries of the same office or establishment. When an employee in the legislative branch is paid by the Chief Administrative Officer of the House of Representatives, the Chief Administrative Officer may pay from the applicable accounts of the House of Representatives the contribution that otherwise would be contributed from the appropriation or fund used to pay the employee.
(ii) In the case of an employee of the United States Postal Service, no amount shall be contributed under this subparagraph.
(2) The amounts so deducted and withheld, together with the amounts so contributed, shall be deposited in the Treasury of the United States to the credit of the Fund under such procedures as the Secretary of the Treasury may prescribe. Deposits made by an employee or Member also shall be credited to the Fund.
**(b)** Each employee or Member is deemed to consent and agree to these deductions from basic pay. Notwithstanding any law or regulat
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