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5 U.S.C. § 8440c — Court of Federal Claims judges

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

5 U.S.C. § 8440c — Court of Federal Claims judges

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Source location: Title 5, Chapter 84, § 8440c; chapter-084-federal-employees-retirement-system.md

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**(a)** (1) A judge of the United States Court of Federal Claims who is covered by [section 178 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section178&num=0&edition=prelim) may elect to contribute an amount of such individual’s basic pay to the Thrift Savings Fund. (2) An election may be made under paragraph (1) as provided under section 8432(b) for individuals subject to this chapter. **(b)** (1) Except as otherwise provided in this subsection, the provisions of this subchapter and subchapter VII shall apply with respect to Court of Federal Claims judges who make contributions to the Thrift Savings Fund under subsection (a) of this section. (2) The amount contributed by a Court of Federal Claims judge for any pay period shall not exceed the maximum percentage of such judge’s basic pay for such pay period allowable under section 8440f. (3) No contributions shall be made under [section 8432(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8432/c&num=0&edition=prelim) for the benefit of a Court of Federal Claims judge making contributions under subsection (a) of this section. (4) (A) [Section 8433(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8433/b&num=0&edition=prelim) applies to a Court of Federal Claims judge who elects to make contributions to the Thrift Savings Fund under subsection (a) of this section and who retires entitled to an annuity under [section 178 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section178&num=0&edition=prelim) (including a disability annuity under subsection (c) of such section). (B) [Section 8433(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8433/b&num=0&edition=prelim) applies to any Court of Federal Claims judge who elects to make contributions to the Thrift Savings Fund under subsection (a) of this section and who retires before becoming entitled to an annuity under [section 178 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section178&num=0&edition=prelim). (5) With respect to Court of Federal Claims judges to whom this section applies, any of the actions described in paragraph (4)(A) or (B) shall be considered a separation from service for purposes of this subchapter and subchapter VII. (6) For purposes of this section, the terms “retirement” and “retire” include removal from office under [section 178(c) of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section178/c&num=0&edition=prelim) on the sole ground of mental or physical disability. (7) In the case of a Court of Federal Claims judge who receives a distribution from the Thrift Savings Plan and who later receives an annuity under [section 178 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section178&num=0&edition=prelim), such annuity shall be offset by an amount equal to the amount of the distribution which represents the Government’s contribution to that person’s Thrift Savings Account, without regard to earnings attributable to that amount. Where such an offset would exceed 50 percent of the annuity to be received in the first year, the offset may be divided equally over the first 2 years in which that person receives the annuity. (8) Notwithstanding paragraph (4), if any Court of Federal Claims judge retires under circumstances making such judge eligible to make an election under section 8433(b), and such judge’s nonforfeitable account balance is less than an amount that the Executive Director prescribes by regulation, the Executive Director shall pay the nonforfeitable account balance to the participant in a single payment.

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

28 U.S.C. § 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: 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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5 U.S.C. § 8331 — Definitions

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

5 U.S.C. § 8440b — Bankruptcy judges and magistrate judges

**(a)** (1) A bankruptcy judge or magistrate judge who is covered by [section 377 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section377&num=0&edition=prelim) or section 2(c) of the Retirement and Survivors’ Annuities for Bankruptcy Judges and Magistrates Act of 1988 may elect to contribute an amount of such individual’s basic pay to the Thrift Savings Fund. (2) An election may be made under paragraph (1) as provided under section 8432(b) for individuals subject to this chapter. **(b)** (1) Except as otherwise provided in this subsection, the provisions of this subchapter and subchapter VII shall apply with respect to bankruptcy judges and magistrate judges who make contributions to the Thrift Savings Fund under subsection (a) of this section. (2) The amount contributed by a bankruptcy judge or magistrate judge for any pay period shall not exceed the maximum percentage of such bankruptcy judge’s or magistrate judge’s basic pay for such pay period allowable under section 8440f. (3) No contributions shall be made under [section 8432(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8432/c&num=0&edition=prelim) for the benefit of a bankruptcy judge or magistrate judge making contributions under subsection (a) of this section. (4) (A) [Section 8433(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8433/b&num=0&edition=prelim) applies to a bankruptcy judge or magistrate judge who elects to make contributions to the Thrift Savings Fund under subsection (a) of this section and who retires entitled to an immediate annuity under [section 377 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section377&num=0&edition=

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

5 U.S.C. § 5545a — Availability pay for criminal investigators

**(a)** For purposes of this section— (1) the term “available” refers to the availability of a criminal investigator and means that an investigator shall be considered generally and reasonably accessible by the agency employing such investigator to perform unscheduled duty based on the needs of an agency; (2) the term “criminal investigator” means a law enforcement officer as defined under section 5541(3) (other than an officer occupying a position under title II of Public Law 99–399, subject to subsection (k)) who is required to— (A) possess a knowledge of investigative techniques, laws of evidence, rules of criminal procedure, and precedent court decisions concerning admissibility of evidence, constitutional rights, search and seizure, and related issues; (B) recognize, develop, and present evidence that reconstructs events, sequences and time elements for presentation in various legal hearings and court proceedings; (C) demonstrate skills in applying surveillance techniques, undercover work, and advising and assisting the United States Attorney in and out of court; (D) demonstrate the ability to apply the full range of knowledge, skills, and abilities necessary for cases which are complex and unfold over a long period of time (as distinguished from certain other occupations that require the use of some investigative techniques in short-term situations that may end in arrest or detention); (E) possess knowledge of criminal laws and Federal rules of procedure which apply to cases involving crimes against the United States, including— (i) knowledge of the elements of a crime; (ii) evidence required to prove the crime; (iii) decisions involving arrest authority; (iv) methods of criminal operations; and (v) availability of detecti

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

5 U.S.C. § 8351 — Participation in the Thrift Savings Plan

**(a)** (1) An employee or Member may elect to contribute to the Thrift Savings Fund established by [section 8437 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8437&num=0&edition=prelim). (2) An election may be made under paragraph (1) as provided under section 8432(b) for individuals who are subject to chapter 84 of this title. **(b)** (1) Except as otherwise provided in this subsection, the provisions of subchapters III and VII of chapter 84 of this title shall apply with respect to employees and Members making contributions to the Thrift Savings Fund under subsection (a) of this section. (2) (A) An employee or Member may contribute to the Thrift Savings Fund in any pay period any amount not exceeding the maximum percentage of such employee’s or Member’s basic pay for such pay period allowable under subparagraph (B). (B) The maximum percentage allowable under this subparagraph shall be determined in accordance with the following table: In the case of a pay period beginning in fiscal year:The maximum percentageallowable is: 20016 20027 20038 20049 200510 2006 or thereafter100. (C) Notwithstanding any limitation under this paragraph, an eligible participant (as defined by section 414(v) of the Internal Revenue Code of 1986) may make such additional contributions to the Thrift Savings Fund as are permitted by such section 414(v) and regulations of the Executive Director consistent therewith. (3) No contributions may be made by an employing agency for the benefit of an employee or Member under [section 8432(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8432/c&num=0&edition=prelim). (4) [Section 8433(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:

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

5 U.S.C. § 8440d — Judges of the United States Court of Appeals for Veterans Claims

**(a)** (1) A judge of the United States Court of Appeals for Veterans Claims may elect to contribute to the Thrift Savings Fund. (2) An election may be made under paragraph (1) as provided under [section 8432(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8432/b&num=0&edition=prelim) for individuals subject to this chapter. **(b)** (1) Except as otherwise provided in this subsection, the provisions of this subchapter and subchapter VII of this chapter shall apply with respect to a judge making contributions to the Thrift Savings Fund. (2) The amount contributed by a judge of the United States Court of Appeals for Veterans Claims for any pay period may not exceed the maximum percentage of such judge’s basic pay for such pay period allowable under section 8440f. Basic pay does not include any retired pay paid pursuant to [section 7296 of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7296&num=0&edition=prelim). (3) No contributions may be made for the benefit of a judge under [section 8432(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8432/c&num=0&edition=prelim). (4) [Section 8433(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8433/b&num=0&edition=prelim) applies with respect to a judge who elects to make contributions to the Thrift Savings Fund and retires under [section 7296(b) of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7296/b&num=0&edition=prelim). (5) [Section 8433(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8433/b&num=0&edition=prelim) applies in the case of a judge who elects to make cont

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28 U.S.C. § 171 — Appointment and number of judges; character of court; designation of chief judge

**(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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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

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

5 U.S.C. § 8440c — Court of Federal Claims judges

Page 1169 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8440c an annuity upon attaining age 65, under section 377 of title 28 or section 2(c) of the Retirement and Survivors’ Annuities for Bankruptcy Judges and Magistrates Act of 1988, and such bankruptcy judge’s or magistrate’s nonforfeitable account balance is $3,500 or less, the Ex- ecutive Director shall pay the nonforfeitable account balance to the participant in a single payment unless the bankruptcy judge or magistrate 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).’’ Subsec. (b)(9). Pub. L. 103–226, § 9(f)(4), redesignated par. (9) as (8). 1990—Pub. L. 101–335, § 9(a), renumbered section 8440a of this title as this section. Subsec. (b)(7). Pub. L. 101–335, § 3(b)(3), redesignated par. (8) as (7) and struck out former par. (7) which read as follows: ‘‘Sums contributed pursuant to this section by bankruptcy judges or magistrates, as well as all pre- vious contributions to the Thrift Savings Fund by those bankruptcy judges and magistrates, and earnings attributable to such sums and contributions, may be invested and reinvested only in the Government Securi- ties Investment Fund established under section 8438(b)(1)(A) of this title.’’ Subsec. (b)(8), (9). Pub. L. 101–335, § 6(b)(3), added pars. (8) and (9). Former par. (8) redesignated (7). Statutory Notes and Related Subsidiaries CHANGE OF NAME Words ‘‘magistrate judge’’, ‘‘magistrate judges’’, and ‘‘magistrate judge’s’’ substituted for ‘‘magistrate’’, ‘‘magistrates’’, and ‘‘magistrate’s’’, respectively, in section catchline and in subsecs. (a)(1) and (b)(1)–(3), (4)(A), (C)

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