I
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 retire-
ment 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 Representa-
tives 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 REGULA-
TIONS.
Section 7254 of title 38, United States Code, is
amended by adding at the end the following new sub-
section:
‘‘(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:
‘‘§ 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 writ-
ing 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 deter-
mined by the chief judge to be necessary to meet the needs
of the Court.
‘‘(2) A recall-eligible retired judge may not be re-
called 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 cal-
endar year served at least 90 days (or the equivalent) of
recalled service on the court) declines (other than by rea-
son of disability) to perform the service to which recalled,
ter 83 or 84 of title 5 shall be considered to be a reem-
ployed 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 para-
graph:
‘‘(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-eligi-
ble 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 disabil-
ity, the retired pay of the judge shall be the pay of
a judge of the court (or of the chief judge, if the in-
dividual 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 retire-
ment.
‘‘(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 re-
moval from recall status.’’.
(b) COST-OF-LIVING ADJUSTMENTS.—Subsection (f)
of such section is amended by adding at the end the follow-
ing 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 sub-
section (c).
‘‘(B)(i) If such a cost-of-living adjustment would (but
for this subparagraph) result in the retired pay of a re-
tired 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 re-
tired judge (other than a retired chief judge) being in ex-
cess 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 re-
duction 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 follow-
ing new section:
‘‘§ 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’ bene-
fits 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 STAG-
GERED 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 retire-
ment date in accordance with subsection (e). Notice pro-
vided 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 pro-
vided pursuant to subsection (d).
(f) APPLICABLE PROVISIONS.—Except as provided in
subsection (g), a judge retired in accordance with this sec-
tion 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 sec-
tion 7296(c)(1) of title 38, United States Code, mul-
tiplied 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 adjust-
ment provided by law in annuities payable under civil serv-
ice 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 sec-
tion 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 sub-
paragraph (D); and
(2) by inserting after subparagraph (B) the fol-
lowing 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 sub-
section (b) from the retirement fund within the contempla-
tion of law.’’.
Æ