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38 U.S.C. § 7299 — Limitation on activities of retired judges
Federal law — U.S. Code and appendices · legal_authorities
**(a)** A retired judge of the Court who is recall-eligible under [section 7257 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7257&num=0&edition=prelim) and who in the practice of law represents (or supervises or directs the representation of) a client in making any claim relating to veterans’ benefits against the United States or any agency thereof shall, pursuant to such section, be considered to have declined recall service and be removed from the status of a recall-eligible judge. The pay of such a judge, pursuant to [section 7296 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7296&num=0&edition=prelim), shall be the pay of the judge at the time of the removal from recall status.
**(b)** A recall-eligible judge shall be considered to be an officer or employee of the United States, but only during periods when the judge is serving in recall status. Any prohibition, limitation, or restriction that would otherwise apply to the activities of a recall-eligible judge shall apply only during periods when the judge is serving in recall status.
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Stable record: federal_law:legal_authorities:record_usc_ddaf1690bb5e3c89ec53b5d9
Source file: Laws/federal/codes/united-states-code/title-38/section-7299-limitation-on-activities-of-retired-judges--32f5bc9415.md
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Source location: Title 38, Chapter 72, § 7299; chapter-072-united-states-court-of-appeals-for-veterans-claims.md
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**(a)** A retired judge of the Court who is recall-eligible under [section 7257 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7257&num=0&edition=prelim) and who in the practice of law represents (or supervises or directs the representation of) a client in making any claim relating to veterans’ benefits against the United States or any agency thereof shall, pursuant to such section, be considered to have declined recall service and be removed from the status of a recall-eligible judge. The pay of such a judge, pursuant to [section 7296 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7296&num=0&edition=prelim), shall be the pay of the judge at the time of the removal from recall status.
**(b)** A recall-eligible judge shall be considered to be an officer or employee of the United States, but only during periods when the judge is serving in recall status. Any prohibition, limitation, or restriction that would otherwise apply to the activities of a recall-eligible judge shall apply only during periods when the judge is serving in recall status.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) A retired judge of the Court may be recalled for further service on the Court in accordance with this section. To be eligible to be recalled for such service, a retired judge must at the time of the judge’s retirement provide to the chief judge of the Court (or, in the case of the chief judge, to the clerk of the Court) notice in writing that the retired judge is available for further service on the Court in accordance with this section and is willing to be recalled under this section. Such a notice provided by a retired judge to whom [section 7296(c)(1)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7296/c/1/B&num=0&edition=prelim) applies is irrevocable.
(2) For the purposes of this section—
(A) a retired judge is a judge of the Court of Appeals for Veterans Claims who retires from the Court under [section 7296 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7296&num=0&edition=prelim) or under chapter 83 or 84 of title 5; and
(B) a recall-eligible retired judge is a retired judge who has provided a notice under paragraph (1).
**(b)**
(1) The chief judge may recall for further service on the Court a recall-eligible retired judge in accordance with this section. Such a recall shall be made upon written certification by the chief judge that substantial service is expected to be performed by the retired judge for such period, not to exceed 90 days (or the equivalent), as determined by the chief judge to be necessary to meet the needs of the Court.
(2) A recall-eligible retired judge may not be recalled for more than 90 days (or the equivalent) during any calendar year without the judge’s consent.
(3) If a recall-eligible retired judge is recalled by the chief
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7257
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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
Page 1156
TITLE 38—VETERANS’ BENEFITS
§ 7299
operation of the fund, and such supplemental
and deficiency estimates as may be required
from time to time for the same purposes, ac-
cording to law.
(e)(1) The chief judge may cause periodic ex-
aminations of the retirement fund to be made by
an actuary, who may be an actuary employed by
another department of the Government tempo-
rarily assigned for the purpose.
(2)(A) Subject to the availability of appropria-
tions, 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 es-
timated by the chief judge to be equal to the ex-
cess (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),
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 retire-
ment fund within the contemplation of law.
(D) Amounts deposited in the retirement fund
under this paragraph shall not be credited to the
account
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 7299
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