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

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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Source file: Laws/federal/codes/united-states-code/title-5/section-8440d-judges-of-the-united-states-court-of-appeals-for-veterans-claims--068ae399af.md
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Source location: Title 5, Chapter 84, § 8440d; chapter-084-federal-employees-retirement-system.md

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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

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

**(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:

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

5 U.S.C. § 8432 — Contributions

**(a)** (1) An employee or Member may contribute to the Thrift Savings Fund in any pay period, pursuant to an election under subsection (b), an amount not to exceed the maximum percentage of such employee’s or Member’s basic pay for such pay period allowable under paragraph (2). Contributions under this subsection pursuant to such an election shall, with respect to each pay period for which such election remains in effect, be made in accordance with a program of regular contributions provided in regulations prescribed by the Executive Director. (2) The maximum percentage allowable under this paragraph shall be determined in accordance with the following table: In the case of a pay period beginning in fiscal year:The maximum percentageallowable is: 200111 200212 200313 200414 200515 2006 or thereafter100. (3) Notwithstanding any limitation under this subsection, 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. **(b)** (1) (A) (i) The Executive Director shall prescribe regulations under which employees and Members may make contributions under subsection (a), to modify the amount to be contributed under such subsection, or to terminate such contributions. (ii) An election to make contributions under this paragraph— (I) may be made at any time; (II) shall take effect on the earliest date after the election that is administratively feasible; and (III) shall remain in effect until modified or terminated. (B) The amount to be contributed pursuant to an election under subparagraph (A) shall be the percentage of basic pay or amo

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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

5 U.S.C. § 6303 — Annual leave; accrual

**(a)** An employee is entitled to annual leave with pay which accrues as follows— (1) one-half day for each full biweekly pay period for an employee with less than 3 years of service; (2) three-fourths day for each full biweekly pay period, except that the accrual for the last full biweekly pay period in the year is one and one-fourth days, for an employee with 3 but less than 15 years of service; and (3) one day for each full biweekly pay period for an employee with 15 or more years of service. In determining years of service, an employee is entitled to credit for all service of a type that would be creditable under section 8332, regardless of whether or not the employee is covered by subchapter III of chapter 83, and for all service which is creditable by virtue of subsection (e). However, an employee who is a retired member of a uniformed service as defined by [section 3501 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3501&num=0&edition=prelim) is entitled to credit for active military service only if— (A) his retirement was based on disability— (i) resulting from injury or disease received in line of duty as a direct result of armed conflict; or (ii) caused by an instrumentality of war and incurred in line of duty during a period of war as defined by sections 101 and 1101 of title 38; (B) that service was performed in the armed forces during a war, or in a campaign or expedition for which a campaign badge has been authorized; or (C) on November 30, 1964, he was employed in a position to which this subchapter applies and thereafter he continued to be so employed without a break in service of more than 30 days. The determination of years of service may be made on the basis of an affidavit of the employee. Leave

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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

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. § 8440d — Judges of the United States Court of Ap-

Page 1170 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8440d and amended Pub. L. 102–198, § 7(c)(1), Dec. 9, 1991, 105 Stat. 1624; Pub. L. 102–572, title IX, § 902(b), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 103–226, § 9(g), Mar. 30, 1994, 108 Stat. 121; Pub. L. 104–208, div. A, title I, § 101(f) [title VI, § 659 [title II, § 205(c)]], Sept. 30, 1996, 110 Stat. 3009–314, 3009–372, 3009–378; Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 138(a)(4)], Dec. 21, 2000, 114 Stat. 2763, 2763A–233; Pub. L. 108–469, § 1(d)(6), Dec. 21, 2004, 118 Stat. 3892.) Editorial Notes CODIFICATION Another section 8440c was renumbered section 8440d of this title. AMENDMENTS 2004—Subsec. (a)(2). Pub. L. 108–469 substituted ‘‘as’’ for ‘‘only during a period’’. 2000—Subsec. (b)(2). Pub. L. 106–554 substituted ‘‘the maximum percentage of such judge’s basic pay for such pay period allowable under section 8440f.’’ for ‘‘5 per- cent of basic pay for such pay period.’’ 1996—Subsec. (b)(7). Pub. L. 104–208, § 101(f) [title VI, § 659 [title II, § 205(c)(1)]], inserted ‘‘of the distribution’’ after ‘‘equal to the amount’’. Subsec. (b)(8). Pub. L. 104–208, § 101(f) [title VI, § 659 [title II, § 205(c)(2)]], substituted ‘‘less than an amount that the Executive Director prescribes by regulation’’ for ‘‘$3,500 or less’’ and struck out ‘‘unless the judge elects, at such time and otherwise in such manner as the Executive Director prescribes, one of the options available under section 8433(b)’’ before period at end. 1994—Subsec. (b)(4)(B). Pub. L. 103–226, § 9(g)(1), sub- stituted ‘‘Section 8433(b)’’ for ‘‘Section 8433(d)’’. Subsec. (b)(5). Pub. L. 103–226, § 9(g)(2), substituted ‘‘any of the actions described in paragraph (4)(A) or (B) shall be considered’’ for ‘‘retirement

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