[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 605 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 605

     To amend title 38, United States Code, to improve retirement 
authorities applicable to judges of the United States Court of Appeals 
              for Veterans Claims, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 4, 1999

 Mr. Stump (for himself and Mr. Evans) introduced the following bill; 
        which was referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
     To amend title 38, United States Code, to improve retirement 
authorities applicable to judges of the United States Court of Appeals 
              for Veterans Claims, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Court of Appeals for Veterans Claims 
Act of 1999''.

SEC. 2. AUTHORITY TO PRESCRIBE RULES AND REGULATIONS.

    Section 7254 of title 38, United States Code, is amended by adding 
at the end the following new subsection:
    ``(f) The Court may prescribe rules and regulations to carry out 
this chapter.''.

SEC. 3. RECALL OF RETIRED JUDGES.

    (a) Authority To Recall Retired Judges.--Chapter 72 of title 38, 
United States Code, is amended by inserting after section 7256 the 
following new section:
``Sec. 7257. Recall of retired judges
    ``(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 is irrevocable.
    ``(2) For the purposes of this section--
            ``(A) a retired judge is a judge of the Court of Veterans 
        Appeals who retires from the Court under section 7296 of this 
        title 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 or for more than a total of 180 days (or the 
equivalent) during any calendar year.
    ``(3) If a recall-eligible retired judge is recalled by the chief 
judge in accordance with this section and (other than in the case of a 
judge who has previously during that calendar year served at least 90 
days (or the equivalent) of recalled service on the court) declines 
(other than by reason of disability) to perform the service to which 
recalled, the chief judge shall remove that retired judge from the 
status of a recall-eligible judge.
    ``(4) A recall-eligible retired judge who becomes permanently 
disabled and as a result of that disability is unable to perform 
further service on the court shall be removed from the status of a 
recall-eligible judge. Determination of such a disability shall be made 
in the same manner as is applicable to judges of the United States 
under section 371 of title 28.
    ``(c) A retired judge who is recalled under this section may 
exercise all of the powers and duties of the office of a judge in 
active service.
    ``(d)(1) The pay of a recall-eligible retired judge who retired 
under section 7296 of this title is specified in subsection (c) of that 
section.
    ``(2) A judge who is recalled under this section who retired under 
chapter 83 or 84 of title 5 shall be paid, during the period for which 
the judge serves in recall status, pay at the rate of pay in effect 
under section 7253(e) of this title for a judge performing active 
service, less the amount of the judge's annuity under the applicable 
provisions of chapter 83 or 84 of title 5.
    ``(e)(1) Except as provided in subsection (d), a judge who is 
recalled under this section who retired under chapter 83 or 84 of title 
5 shall be considered to be a reemployed annuitant under that chapter.
    ``(2) Nothing in this section affects the right of a judge who 
retired under chapter 83 or 84 of title 5 to serve as a reemployed 
annuitant in accordance with the provisions of title 5.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
7256 the following new item:

``7257. Recall of retired judges.''.

SEC. 4. CALCULATION OF YEARS OF SERVICE AS A JUDGE.

    Section 7296(b) of title 38, United States Code, is amended by 
adding at the end the following new paragraph:
    ``(4) For purposes of calculating the years of service of an 
individual under this subsection and subsection (c), only those years 
of service as a judge of the Court shall be credited. In determining 
the number of years of such service, that portion of the aggregate 
number of years of such service that is a fractional part of one year 
shall be disregarded if less than 183 days and shall be credited as a 
full year if 183 days or more.''.

SEC. 5. JUDGES' RETIRED PAY.

    (a) In General.--Subsection (c)(1) of section 7296 of title 38, 
United States Code, is amended by striking ``at the rate of pay in 
effect at the time of retirement.'' and inserting the following: ``as 
follows:
            ``(A) In the case of a judge who is a recall-eligible 
        retired judge under section 7257 of this title or who was a 
        recall-eligible retired judge under that section and was 
        removed from recall status under subsection (b)(4) of that 
        section by reason of disability, the retired pay of the judge 
        shall be the pay of a judge of the court (or of the chief 
        judge, if the individual retired from service as chief judge).
            ``(B) In the case of a judge who at the time of retirement 
        did not provide notice under section 7257 of this title of 
        availability for service in a recalled status, the retired pay 
        of the judge shall be the rate of pay applicable to that judge 
        at the time of retirement.
            ``(C) In the case of a judge who was a recall-eligible 
        retired judge under section 7257 of this title and was removed 
        from recall status under subsection (b)(3) of that section, the 
        retired pay of the judge shall be the pay of the judge at the 
        time of the removal from recall status.''.
    (b) Cost-of-Living Adjustments.--Subsection (f) of such section is 
amended by adding at the end the following new paragraph:
    ``(3)(A) A cost-of-living adjustment provided by law in annuities 
payable under civil service retirement laws shall apply to retired pay 
under this section only in the case of retired pay computed under 
paragraph (2) of subsection (c).
    ``(B)(i) If such a cost-of-living adjustment would (but for this 
subparagraph) result in the retired pay of a retired chief judge being 
in excess of the annual rate of pay in effect for the chief judge of 
the court as provided in section 7253(e)(1) of this title, such 
adjustment may be made in the retired pay of that retired chief judge 
only in such amount as results in the retired pay of the retired chief 
judge being equal to that annual rate of pay (as in effect on the 
effective date of such adjustment).
    ``(ii) If such a cost-of-living adjustment would (but for this 
subparagraph) result in the retired pay of a retired judge (other than 
a retired chief judge) being in excess of the annual rate of pay in 
effect for judges of the court as provided in section 7253(e)(2) of 
this title, such adjustment may be made only in such amount as results 
in the retired pay of the retired judge being equal to that annual rate 
of pay (as in effect on the effective date of such adjustment).''.
    (c) Coordination With Military Retired Pay.--Subsection (f) of such 
section is further amended by adding after paragraph (3), as added by 
subsection (b), the following new paragraph:
    ``(4) Notwithstanding subsection (c) of section 5532 of title 5, if 
a regular or reserve member of a uniformed service who is receiving 
retired or retainer pay becomes a judge of the court, or becomes 
eligible therefor while a judge of the court, such retired or retainer 
pay shall not be paid during the judge's regular active service on the 
court, but shall be resumed or commenced without reduction upon 
retirement as a judge.''.

SEC. 6. LIMITATION ON ACTIVITIES OF RETIRED JUDGES.

    (a) In General.--Chapter 72 of title 38, United States Code, is 
amended by adding at the end the following new section:
``Sec. 7299. Limitation on activities of retired judges
    ``If a retired judge of the Court 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, the retired judge shall forfeit all rights to retired 
pay under section 7296 of this title or under chapter 83 or 84 of title 
5 for the period beginning on the date on which the representation 
begins and ending one year after the date on which the representation 
ends.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

``7299. Limitation on activities of retired judges.''.

SEC. 7. EARLY RETIREMENT AUTHORITY FOR CURRENT JUDGES IN ORDER TO 
              PROVIDE FOR STAGGERED TERMS OF JUDGES.

    (a) Retirement Authorized.--One eligible judge may retire in 
accordance with this section with respect to each year beginning in 
1999 and ending in 2003.
    (b) Eligible Judges.--For purposes of this section, an eligible 
judge is an associate judge of the United States Court of Appeals for 
Veterans Claims who--
            (1) has at least 10 years of service creditable under 
        section 7296 of title 38, United States Code;
            (2) has made an election to receive retired pay under 
        section 7296 of such title;
            (3) has at least 20 years of service described in section 
        7297(l) of such title; and
            (4) is at least 55 years of age.
    (c) Multiple Eligible Judges.--If for any year specified in 
subsection (a) more than one eligible judge provides notice in 
accordance with subsection (d), the judge who has the greatest 
seniority as a judge of the United States Court of Appeals for Veterans 
Claims shall be the judge who is eligible to retire in accordance with 
this section in that year.
    (d) Notice.--An eligible judge who desires to retire in accordance 
with this section with respect to any year covered by subsection (a) 
shall provide to the President and the chief judge of the United States 
Court of Appeals for Veterans Claims written notice to that effect not 
later than April 1 of that year, except that in the case of an eligible 
judge desiring to retire with respect to 1999, such notice shall be 
provided not later than November 1, 1999, or 15 days after the date of 
the enactment of this Act, whichever is later. Such a notice shall 
specify the retirement date in accordance with subsection (e). Notice 
provided under this subsection shall be irrevocable.
    (e) Date of Retirement.--A judge who is eligible to retire in 
accordance with this section shall be retired during the fiscal year in 
which notice is provided pursuant to subsection (d), but not earlier 
than 90 days after the date on which that notice is provided, except 
that a judge retired in accordance with this section with respect to 
1999 shall be retired not earlier than 90 days, and not later than 120 
days, after the date on which notice is provided pursuant to subsection 
(d).
    (f) Applicable Provisions.--Except as provided in subsection (g), a 
judge retired in accordance with this section shall be considered for 
all purposes to be retired under section 7296(b)(1) of title 38, United 
States Code.
    (g) Rate of Retired Pay.--The rate of retired pay for a judge 
retiring in accordance with this section is--
            (1) the rate applicable to that judge under section 
        7296(c)(1) of title 38, United States Code, multiplied by
            (2) the fraction (not in excess of 1) in which--
                    (A) the numerator is the sum of: (i) the number of 
                years of service of the judge as a judge of the United 
                States Court of Appeals for Veterans Claims creditable 
                under section 7296 of such title; and (ii) the age of 
                the judge; and
                    (B) the denominator is 80.
    (h) Adjustments in Retired Pay for Judges Available for Recall.--
Subject to section 7296(f)(3)(B) of title 38, United States Code, an 
adjustment provided by law in annuities payable under civil service 
retirement laws shall apply to retired pay under this section in the 
case of a judge who is a recall-eligible retired judge under section 
7257 of title 38, United States Code, or who was a recall-eligible 
retired judge under that section and was removed from recall status 
under subsection (b)(4) of that section by reason of disability.
    (i) Duty of Actuary.--Section 7298(e)(2) of title 38, United States 
Code, is amended--
            (1) by redesignating subparagraph (C) as subparagraph (D); 
        and
            (2) by inserting after subparagraph (B) the following new 
        subparagraph:
    ``(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 retirement fund within 
the contemplation of law.''.
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