38 U.S.C. § 7299 — Limitation on activities of retired judges

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 of any individual. (f) The Secretary of the Treasury shall invest from time to time, in interest-bearing securities of the United States, such portions of the retire- ment fund as in such Secretary’s judgment may not be immediately required for payments from the fund. The income derived from such invest- ments shall constitute a part of the fund. (g) For purpose of section 255(g)(1)(B) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 905(g)(1)(B)), the retirement fund shall be treated in the same manner as the Claims Judges’ Retirement Fund. (Added Pub. L. 101–94, title I, § 101(a), Aug. 16, 1989, 103 Stat. 625, § 4098; renumbered § 7298 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 105–368, title V, §§ 502, 512(a)(1), (2)(C), Nov. 11, 1998, 112 Stat. 3340, 3341; Pub. L. 106–117, title X, § 1011(j), Nov. 30, 1999, 113 Stat. 1589.) Editorial Notes AMENDMENTS 1999—Subsec. (e)(2)(C), (D). Pub. L. 106–117 added sub- par. (D) and redesignated former subpar. (C) as (D). 1998—Pub. L. 105–368, § 512(a)(2)(C), struck out ‘‘Court of Veterans Appeals’’ before ‘‘Retirement Fund’’ in sec- tion catchline. Subsecs. (a), (d). Pub. L. 105–368, § 512(a)(1), sub- stituted ‘‘Court of Appeals for Veterans Claims’’ for ‘‘Court of Veterans Appeals’’. Subsec. (g). Pub. L. 105–368, § 502, added subsec. (g). 1991—Pub. L. 102–40, § 402(b)(1), renumbered section 4098 of this title as this section. Subsecs. (b), (c). Pub. L. 102–40, § 402(d)(1), substituted ‘‘7296’’ for ‘‘4096’’ and ‘‘7297’’ for ‘‘4097’’. Subsec. (e)(2)(B)(ii)(I). Pub. L. 102–40, § 402(d)(1), sub- stituted ‘‘7296(i) and 7297(c)’’ for ‘‘4096(i) and 4097(c)’’ and ‘‘7296(j) and 7296(d)’’ for ‘‘4096(j) and 4096(d)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT Amendment by section 512(a)(1), (2)(C) of Pub. L. 105–368 effective on first day of first month beginning more than 90 days after Nov. 11, 1998, see section 513 of Pub. L. 105–368, set out as a note under section 7251 of this title. § 7299. Limitation on activities of retired judges (a) A retired judge of the Court who is recall- eligible under section 7257 of this title and who in the practice of law represents (or supervises or directs the representation of) a client in mak- ing 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, 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, limi- tation, 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. (Added Pub. L. 106–117, title X, § 1024(a), Nov. 30, 1999, 113 Stat. 1593.) CHAPTER 73—VETERANS HEALTH ADMINIS- TRATION—ORGANIZATION AND FUNC- TIONS SUBCHAPTER I—ORGANIZATION Sec. 7301. Functions of Veterans Health Administra- tion: in general. 7302. Functions of Veterans Health Administra- tion: health-care personnel education and training programs. 7303. Functions of Veterans Health Administra- tion: research programs. 7304. Regulations. 7305. Divisions of Veterans Health Administration. 7306. Office of the Under Secretary for Health. 7307. Office of Research Oversight. 7308. Office of Rural Health. 7309. Readjustment Counseling Service. 7309A. Office of Patient Advocacy. 7310. Office of Women’s Health. 7310A. Annual reports on women’s health. SUBCHAPTER II—GENERAL AUTHORITY AND ADMINISTRATION 7311. Quality assurance. 7311A. Quality management officers. 7312. Special medical advisory group. 7313. Advisory committees: affiliated institutions. 7314. Geriatric research, education, and clinical centers. 7315. Geriatrics and Gerontology Advisory Com- mittee.