### §797. Recall of retired judges

(a)(1) Any judge of the United States Court of Federal Claims who has retired from regular active service under subchapter III of chapter 83, or chapter 84, of title 5 shall be known and designated as a senior judge and may perform duties as a judge when recalled pursuant to subsection (b) of this section.

(2) Any judge of the Court of Federal Claims receiving an annuity under section 178(c) of this title (pertaining to disability) who, in the estimation of the chief judge, has recovered sufficiently to render judicial service, shall be known and designated as a senior judge and may perform duties as a judge when recalled under subsection (b) of this section.

(b) The chief judge of the Court of Federal Claims may, whenever he deems it advisable, recall any senior judge, with such judge's consent, to perform such duties as a judge and for such period of time as the chief judge may specify.

(c) Any senior judge performing duties pursuant to this section shall not be counted as a judge for purposes of the number of judgeships authorized by section 171 of this title.

(d) Any senior judge, while performing duties pursuant to this section, shall be paid the same allowances for travel and other expenses as a judge in active service. Such senior judge shall also receive from the Court of Federal Claims supplemental pay in an amount sufficient, when added to his retirement annuity, to equal the salary of a judge in active service for the same period or periods of time. Such supplemental pay shall be paid in the same manner as the salary of a judge.

(Added Pub. L. 92–375, §2, Aug. 10, 1972, 86 Stat. 529; amended Pub. L. 97–164, title I, §121(f)(1), Apr. 2, 1982, 96 Stat. 35; Pub. L. 99–651, title II, §202(c), Nov. 14, 1986, 100 Stat. 3648; Pub. L. 102–572, title IX, §§902(a), 904(b), Oct. 29, 1992, 106 Stat. 4516, 4517; Pub. L. 106–518, title III, §308, Nov. 13, 2000, 114 Stat. 2419.)

#### **Editorial Notes**

#### Amendments

2000—Subsec. (a). Pub. L. 106–518 designated existing provisions as par. (1) and added par. (2).

1992—Subsec. (a). Pub. L. 102–572, §902(a)(1), substituted "United States Court of Federal Claims" for "United States Claims Court".

Subsec. (b). Pub. L. 102–572, §902(a)(2), substituted "Court of Federal Claims" for "Claims Court".

Subsec. (d). Pub. L. 102–572, §§902(a)(2), 904(b), substituted "Court of Federal Claims" for "Claims Court" and struck out "civil service" before "retirement annuity".

1986—Subsec. (a). Pub. L. 99–651 inserted reference to chapter 84 of title 5.

1982—Pub. L. 97–164 substituted "judges" for "commissioners" in section catchline.

Subsec. (a). Pub. L. 97–164 substituted "Any judge of the United States Claims Court who has retired from regular active service under subchapter III of chapter 83 of title 5 shall be known and designated as a senior judge and may perform duties as a judge when recalled pursuant to subsection (b) of this section" for "Any commissioner who has retired from regular active service under the Civil Service Retirement Act shall be known and designated as a senior commissioner and may perform duties as a commissioner when recalled pursuant to subsection (b) of this section".

Subsec. (b). Pub. L. 97–164 substituted "The chief judge of the Claims Court may, whenever he deems it advisable, recall any senior judge, with such judge's consent, to perform such duties as a judge and for such period of time as the chief judge may specify" for "The United States Court of Claims, whenever it deems such action advisable, may recall any senior commissioner, with the latter's acquiescence, to perform such duties as a commissioner and for such period of time as the court may specify".

Subsec. (c). Pub. L. 97–164 substituted "Any senior judge performing duties pursuant to this section shall not be counted as a judge for purposes of the number of judgeships authorized by section 171 of this title" for "Any senior commissioner performing duties pursuant to this section shall not be counted as a commissioner for purposes of the number of commissioner positions authorized by section 792 of this title".

Subsec. (d). Pub. L. 97–164 substituted "judge" for "commissioner" wherever appearing, "Such senior judge" for "He", and "Claims Court" for "Court of Claims".

#### **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 of 1986 Amendment

Amendment by Pub. L. 99–651 effective Jan. 1, 1987, see section 203 of Pub. L. 99–651, set out as a note under section 155 of this title.

#### Effective Date of 1982 Amendment

Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of this title.