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28 U.S.C. § 179 — Personnel application and insurance programs

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

28 U.S.C. § 179 — Personnel application and insurance programs

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Stable record: federal_law:legal_authorities:record_usc_fe8096062df85c9bda8b5d92
Source file: Laws/federal/codes/united-states-code/title-28/section-179-personnel-application-and-insurance-programs--f630918308.md
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Source location: Title 28, Chapter 7, § 179; chapter-007-united-states-court-of-federal-claims.md

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**(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 enrollment period preceding the calendar year referred to in clause (ii)(II); and (ii) if such notification is timely made, the retired judge shall be eligible for continued enrollment under this paragraph for the period— (I) beginning on the date on which eligibility would otherwise cease, and (II) ending on the last day of the calendar year next beginning after the end of the open enrollment period referred to in clause (i). (C) For purposes of applying this paragraph for the first time in the case of any particular judge— (i) subparagraph (B)(i) shall be applied by substituting “the expiration of the term of office of the judge” for the matter following “before”; and (ii) (I) if the term of office of such judge expires before the first day of the open enrollment period referred to in subparagraph (B)(i), the period of continued eligibility for enrollment shall be as described in subparagraph (B)(ii); but (II) if the term of office of such judge expires on or after the first day of the open enrollment period referred to in subparagraph (B)(i), the period of continued eligibility shall not end until the last day of the calendar year next beginning after the end of the next full open enrollment period beginning after the date on which the term expires. (2) In the event that a retired judge remains enrolled under chapter 89 of title 5 for a period of 5 consecutive years by virtue of paragraph (1) (taking into account only periods of coverage as an active judge immediately before retirement and as a retired judge pursuant to paragraph (1)), then, effective as of the day following the last day of that 5-year period— (A) the provisions of chapter 89 of title 5 shall be applied as if such judge had satisfied the requirements of section 8905(b)(1) 11 So in original. Probably should be followed by “of title 5”. on the last day of such period; and (B) the provisions of paragraph (1) shall cease to apply. (3) For purposes of this subsection, the term “open enrollment period” refers to a period described in [section 8905(g)(1) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8905/g/1&num=0&edition=prelim). **(c)** For purposes of construing and applying chapter 87 of title 5, including any adjustment of insurance rates by regulation or otherwise, a judge of the United States Court of Federal Claims in regular active service or who is retired under [section 178 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section178&num=0&edition=prelim) shall be deemed to be a judge of the United States described under [section 8701(a)(5) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8701/a/5&num=0&edition=prelim).

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

28 U.S.C. § 113 — North Carolina

North Carolina is divided into three judicial districts to be known as the Eastern, Middle, and Western Districts of North Carolina.

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

28 U.S.C. § 179 — Personnel application and insurance pro-

Page 100 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 179 1 So in original. Probably should be followed by ‘‘of title 5’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of this title. EFFECTIVE DATE Section applicable to judges of, and senior judges in active service with, the United States Court of Federal Claims on or after Dec. 1, 1990, see section 306(f) of Pub. L. 101–650, as amended, set out as an Effective Date of 1990 Amendment note under section 8331 of Title 5, Gov- ernment Organization and Employees. § 179. Personnel application and insurance pro- grams (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 ‘‘offi- cer’’ under section 2104(a) of such title. (b)(1)(A) For purposes of construing and apply- ing 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, 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 sec- tion 8905(b)(1) of title 5 (relating to eligi- bility to continue enrollment as an annu- itant), shall be deemed to be an annuitant meeting the requirements of section 8905(b)(1) of title 5, 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 during the period of continued eligibility for en

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