Court of Veterans Appeals Judges Retirement Act
PL 101-94 (H.R.2727), enacted 08/16/1989

PUBLIC LAW 101-94—AUG. 16, 1989 
103 STAT. 617 
Public Law 101-94 
101st Congress 
An Act 
To amend title 38, United States Code, to establish a retirement and survivor benefit 
program for judges of the new United States Court of Veterans Appeals, 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 
Retirement Act". 
'Court of Veterans Appeals Judges 
Aug. 16, 1989 
[H.R. 2727] 
Court of 
Veterans 
Appeals Judges 
Retirement Act. 
38 u s e 101 note. 
TITLE I—JUDGES RETIREMENT AND SURVIVOR ANNUITY 
PROGRAM 
SEC. 101. JUIMIES RETIREMENT PROGRAM. 
(a) RETIREMENT SYSTEM.—Chapter 72 of title 38, United States 
Code, is amended by adding at the end the following new sub-
chapter: 
"SUBCHAPTER V—RETIREMENT AND SURVIVORS 
o., 
-w .. c..^ 
ANNUITIES 
"§ 4096. Retirement of judges 
"(a) For purposes of this section: 
"(1) The term 'Court' means the United States Court of 
Veterans Appeals. 
^ 
"(2) The term 'judge' means the chief judge or an associate 
judge of the Court. 
"(b)(1) A judge who meets the £ige and service requirements set 
forth in the following table may retire: 
And the years 
of service 
"The judge has 
as a judge 
attained age: 
are at least 
65 
15 
66 
14 
••^x 
iil 
1 3 
68 
12 
69 
11 
70 
10 
• 
"(2) A judge who is not reappointed following the expiration of the 
term for which appointed may retire upon the completion of that 
term if the judge has served as a judge of the Court for 15 years or 
more. In order to retire under this paragraph, a judge must, not 
earlier than 9 months preceding the date of the expiration of the 
judge's term of office and not later than 6 months preceding such 
date, advise the President in writing that the judge is willing to 
accept reappointment to the Court. 
103 STAT. 618 
PUBLIC LAW 101-94—AUG. 16, 1989 
"(3) A judge who becomes permanently disabled and £is a result of 
that disability is unable to perform the duties of the office shall 
retire. 
"(cXD An individual who retires under subsection (b) of this 
section and elects under subsection (d) of this section to receive 
retired pay under this subsection shall (except as provided in para-
graph (2) of this subsection) receive retired pay at the rate of pay in 
effect at the time of retirement. 
"(2) An individual who serves as a judge for less than 10 years and 
who retires under subsection (bX3) of this section and elects under 
subsection (d) of this section to receive retired pay under this 
subsection shall receive retired pay at a rate equal to one-half of the 
;. 
rate of pay in effect at the time of retirement. 
"(3) Retired pay under this subsection shall begin to accrue on the 
day following the day on which the individual's salary as judge 
ceases to accrue and shall continue to accrue during the remainder 
of the individual's life. Retired pay under this subsection shall be 
paid in the same manner £is the salary of a judge. 
"(dXD A judge may elect to receive retired pay under subsection 
(c) of this section. Such an election— 
"(A) may be made only while an individual is a judge (except 
that, in the case of an individual who fails to be reappointed as 
judge at the expiration of a term of office, the election may be 
made at any time before the date after the day on which the 
individual's successor takes office); and 
"(B) may not be revoked after the retired pay begins to 
accrue. 
"(2) In the case of a judge other than the chief judge, such an 
election shall be made by filing notice of the election in writing with 
the chief judge. In the case of the chief judge, such an election shall 
be made by filing notice of the election in writing with the Director 
of the Office of Personnel Management. 
"(3) The chief judge shall transmit to the Director of the Office of 
Personnel Management a copy of each notice filed with the chief 
judge under this subsection. 
"(e) If an individual for whom an election to receive retired pay 
under subsection (c) is in effect accepts compensation for employ-
ment with the United States, the individual shall, to the extent of 
the amount of that compensation, forfeit all rights to retired pay 
under subsection (c) of this section for the period for which the 
compensation is received. 
"(f)(1) Except as otherwise provided in this subsection, the provi-
sions of the civil service retirement laws (including the provisions 
relating to the deduction and withholding of amounts from basic 
pay, salary, and compensation) shall apply with respect to service as 
a judge as if this section had not been enacted. 
"(2) In the CEise of any individual who has filed an election to 
receive retired pay under subsection (c) of this section— 
"(A) no annuity or other payment shall be payable to any 
person under the civil service retirement laws with respect to 
any service performed by such individual (whether performed 
before or after such election is filed and whether performed as 
judge or otherwise); 
"(B) no deduction for purposes of the Civil Service Retirement 
and Disability Fund shall be made from retired pay payable to 
that individual under subsection (c) of this section or from anv 
other salary, pay, or compensation payable to that individual, 
PUBLIC LAW 101-94—AUG. 16,1989 
103 STAT. 619 
for any period beginning after the day on which such election is 
filed; and 
"(C) such individual shall be paid the lump-sum credit com-
puted under section 8331(8) or 8401(a) of title 5, whichever 
applies, upon making application therefor with the Office of 
Personnel Management. 
"(g)(1) A judge who becomes permanently disabled and as a result 
of that disability is unable to perform the duties of the office shall 
certify to the President in writing that such permanent disability 
exists. If the chief judge retires for such a disability, the retirement 
of the chief judge shall not take effect until concurred in by the 
President. If any other judge retires for such a disability, the chief 
judge shall furnish to the President a certificate of disability signed 
tjy the chief judge. 
"(2) Whenever the President finds that a judge has become perma- 
President of 
nently disabled and as a result of that disability is unable to perform 
U.S. 
the duties of the office, the President shall declare that judge to be 
retired. Before a judge may be retired under this paragraph, the 
judge shall be provided with a full specification of the reasons for 
the retirement and an opportunity to be heard. 
"(h)(1) An individual who has filed an election to receive retired 
pay under subsection (c) of this section may revoke such election at 
any time before the first day on which retired pay would (but for 
such revocation) begin to accrue with respect to such individual. 
"(2) Any revocation under this subsection shall be made by filing a 
notice of the election in writing with the Director of the Office of 
Personnel Management. The Office of Personnel Management shall 
transmit to the chief judge a copy of each notice filed under this 
subsection. 
"(3) In the case of a revocation under this subsection— 
"(A) for purposes of this section, the individual shall be 
treated as not having filed an election to receive retired pay 
under subsection (c) of this section; 
"(B) for purposes of section 4097 of this title— 
"(i) the individual shall be treated as not having filed an 
election under section 4097(b) of this title, and 
' 
"(ii) section 4097(e) of this title shall not apply and the 
amount credited to such individual's account (together with 
interest at 3 percent per year, compounded on December 31 
of each year to the date on which the revocation is filed) 
shall be returned to the individual; 
"(C) no credit shall be allowed for any service as a judge of the 
Court unless with respect to such service either there has been 
ffl deducted and withheld the amount required by the civil service 
retirement laws or there has been deposited in the Civil Service 
Retirement and Disability Fund an amount equal to the amount 
••M S
O required, with interest; 
"(D) the Court shall deposit in the Civil Service Retirement 
and Disability Fund an amount equal to the additional amount 
it would have contributed to such Fund but for the election 
:i*.-- 
under subsection (d); and 
"(E) if subparagraphs (C) and (D) of this paragraph are com-
plied with, service on the Court shall be treated as service with 
respect to which deductions and contributions had been made 
during the period of service. 
"(i)(l) Beginning with the next pay period after the Director of the 
Office of Personnel Management receives a notice under subsection 
103 STAT. 620 
PUBLIC LAW 101-94-AUG. 16, 1989 
(d) of this section that a judge has elected to receive retired pay 
under this section, the Director shall deduct and withhold 1 percent 
of the salary of such judge. Amounts shall be so deducted and 
withheld in a manner determined by the Director. Amounts de-
ducted and withheld under this subsection shall be deposited in the 
Treasury of the United States to the credit of the C!ourt of Veterans 
Appeals Judges Retirement Fund. Deductions under this subsection 
from the salary of a judge shall terminate upon the retirement of 
the judge or upon the completion of 15 years of service for which 
either deductions under this subsection or a deposit under subsec-
tion (j) of this section has been made, whichever occurs first. 
"(2) Each judge who makes an election under subsection (d) of this 
section shall be considered to agree to the deductions from salary 
which are made under paragraph (1) of this subsection. 
^' ' 
"(j) A judge who makes an election under subsection (d) of this 
section shall deposit, for service on the Court performed before the 
election for which contributions may be made under this section, an 
amount equal to 1 percent of the salary received for the first years, 
not exceeding 15 years, of that service. Retired pay may not be 
allowed until a deposit required by this subsection has been made. 
"(k) The amounts deducted and withheld under subsection (i) of 
this section, and the amounts deposited under subsection (j) of this 
section, shall be deposited in the Court of Veterans Appeals Retire-
ment Fund for credit to individual accounts in the name of each 
judge from whom such amounts are received. 
"§ 4097. Survivor annuities 
' 
"(a) For purposes of this section: 
"(1) The term 'Court' means the United States Court of 
j 
Veterans Appeals. 
"(2) The term 'judge' means the chief judge or an associate 
judge of the Court. 
"(3) The term 'pay' means salary received under section 
4053(e) of this title and retired pay received under section 4096(c) 
of this title. 
"(4) The term 'retirement fund' means the Court of Veterans 
Appeals Retirement Fund established under section 4098 of this 
title. 
"(5) The term 'surviving spouse' means a surviving spouse of 
an individual who (A) was married to such individual for at 
least two years immediately preceding the individual's death, or 
(B) is a parent of issue by the marriage. 
"(6) The term 'dependent child' has the meaning given the 
term'child'in section 376(aX5) of title 28. 
"(7) The term'Member of Congress'^neans a Representative, 
a Senator, a Delegate to Congress, or the Resident Commis-
sioner of Puerto Rico. 
"(b) A judge may become a participant in the annuity program 
under this section by Hling a written election under this subsection 
while in office. Any such election shall be made in such manner as 
may be prescribed by the (^urt. 
"(c) There shall be deducted and withheld each pay period from 
the pay of a judge who has made an election under subsection (b) of 
this section a sum equal to 3.5 percent of the judge's pay. Amounts 
so deducted and withheld shall be deposited in the retirement fund. 
A judge who makes an election under subsection (b) of this section 
PUBLIC LAW 101-94-AUG. 16,1989 
103 STAT. 621 
shall be considered by that election to agree to the deductions from 
the judge's pay required by this subsection. 
"(d) A judge who makes an election under subsection (b) of this 
section shall deposit, with interest at 3 percent per 
year 
compounded on December 31 of each year, to the credit of the 
retirement fund, an amount equal to 3.5 percent of the judge's pay 
and of the judge's basic salary, pay, or compensation for service as a 
Member of Congress, and for any other civilian service within the 
purview of section 8332 of title 5. Each such judge may elect to make 
such deposits in installments during the judge's period of service in 
such amount and under such conditions as may be determined in 
each instance by the chief judge. Notwithstanding the failure of a 
judge to make such deposit, credit shall be allowed for the service 
rendered, but the annual-annuity of the surviving spouse of such 
judge shall be reduced by an amount equal to 10 percent of the 
amount of such deposit, computed as of the date of the death of such 
judge, unless the surviving spouse elects to eliminate such service 
entirely from credit under subsection (k) of this section. However, a 
deposit shall not be required from a judge for any year with respect 
to which deductions from the judge's pay, or a deposit, were actually 
made (and not withdrawn) under the civil service retirement laws. 
"(e) If the service of a judge who makes an election under subsec-
tion (b) of this section terminates other than pursuant to the provi-
sions of section 4096 of this title, or if any judge ceases to be married 
after making the election under subsection 0)) of this section and 
revokes (in a writing filed as provided in subsection (b) of this section) 
such election, the amount credited to the judge's individual account 
(together with interest at 3 percent per year compounded on Decem-
ber 31 of each year to the date of the judge's relinquishment of 
office) shall be returned to the judge. For the purpose of this section, 
the service of a judge making an election under subsection (b) of this 
section shall be considered to have terminated pursuant to section 
4096 of this title if— 
"(1) the judge is not reappointed following expiration of the 
term for which appointed; and 
"(2) at or before the time of the expiration of that term, the 
judge is eligible for and elects to receive retired pay under 
section 4096 of this title. 
"(0(1) If a judge who makes an election under subsection (b) of this 
section dies after having rendered at legist 5 years of civilian service 
(computed as prescribed in subsection (1) of this section), for the last 
5 years of which the salary deductions provided for by subsection (c) 
of this section or the deposits required by subsection (d) of this 
section have actually been made (and not withdrawn) or the salary 
deductions required by the civil service retirement laws have actu-
ally been made (and not withdrawn)— 
"(A) if the judge is survived by a surviving spouse but not by a 
dependent child, there shall be paid to the surviving spouse an 
annuity beginning with the day of the death of the judge or 
following the surviving spouse's attainment of the age of 50 
years, whichever is the later, in an amount computed as pro-
vided in subsection (k) of this section; or 
"(B) if the judge is survived by a surviving spouse and a 
dependent child or children, there shall be paid to the surviving 
spouse an immediate annuity in an amount computed as pro-
vided in subsection (k) of this section and there shall also be 
103 STAT. 622 
PUBLIC LAW 101-94—AUG. 16, 1989 
paid to or on behalf of each such child an immediate annuity 
equal to the lesser of— 
"(i) 10 percent of the average annual pay of such judge 
(determined in accordance with subsection (k) of this sec-
tion), or 
"(ii) 20 percent of such average annual pay, divided by 
the number of such children; or 
"(C) if the judge is not survived by a surviving spouse but is 
survived by a dependent child or children, there shall be paid to 
or on behalf of each such child an immediate annuity equal to 
the lesser o
f
— 
"(i) 20 percent of the average annual pay of such judge 
(determined in accordance with subsection (k) of this sec-
tion), or 
"(ii) 40 percent of such average annual pay, divided by 
the number of such children. 
"(2) The annuity payable to a surviving spouse under this subsec-
tion shall be terminated— 
"(A) upon the surviving spouse's death; or 
"(B) upon the remarriage of the surviving spouse before age 
55. 
"(3) The annuity payable to a child under this subsection shall be 
terminated upon the child's death. 
"(4) In case of the death of a surviving spouse of a judge leaving a 
dependent child or children of the judge surviving the spouse, the 
annuity of such child or children under paragraph (1)(B) of this 
subsection shall be recomputed and paid as provided in paragraph 
(1)(C) of this subsection. In any case in which the annuity of a 
dependent child is terminated, the annuities of any remaining 
dependent child or children, based upon the service of the same 
judge, shall be recomputed and paid as though the child whose 
annuity was so terminated had not survived the judge. 
"(g) Questions of family relationships, dependency, and disabilitv 
arising under this section shall be determined in the same manner 
as such questions arising under chapter 84 of title 5 are determined. 
"(h)(1) If-
"(A) a judge making an election under subsection (b) of this 
section dies while in office (i) before having rendered 5 years of 
civilian service computed as prescribed in subsection (1) of this 
section, or (ii) after having rendered 5 years of such civilian 
service but without a survivor entitled to annuity benefits 
provided by subsection (0 of this section; or 
"(B) the right of all persons entitled to an annuity under 
subsection (f) of this section based on the service of such 
judge terminates before a claim for such benefits has been 
established, 
the total amount credited to the individual account of such judge 
(with interest at 3 percent per year, compounded on December 31 of 
each year, to the date of the death of such judge) shall be paid in the 
manner specified in paragraph (2) of this subsection. 
"(2) An amount payable under paragraph (1) of this subsection 
shall be paid, upon the establishment of a valid claim therefor, to 
the person or persons surviving at the date title to the payment 
arises, in the following order of precedence: 
"(A) To the beneficiary or beneficiaries whom the judge des-
ignated in writing filed before death with the chief judge (except 
Iji-*:- '•^•* "^•.'f-'-**-*^?^-!!!!**!^,**?*^ '.**•: 
PUBLIC LAW 101-94—AUG. 16,1989 
103 STAT. 623 
that in the case of the chief judge such designation shall be filed 
before death as prescribed by the Court). 
"(B) To the surviving spouse of the judge. 
"(C) To the child or children of the judge (and the descendants 
of any deceased children by representation). 
"(D) To the parents of the judge or the survivor of them. 
"(E) To the executor or administrator of the estate of the 
judge. 
"(F) To such other next of kin of the judge as may be 
determined by the chief judge to be entitled under the laws of 
the domicile of the judge at the time of the judge's death. 
"(3) Determination as to the surviving spouse, child, or parent of a 
judge for the purposes of paragraph (2) of this subsection shall be 
made without regard to the definitions in subsection (a) of this 
section. 
"(4) Payment under this subsection in the manner provided in this 
subsection shall be a bar to recovery by any other person. 
"(5) In a case in which the annuities of all persons entitled to 
annuity based upon the service of a judge terminate before the 
aggregate amount of annuity paid equals the total amount credited 
to the individual account of such judge (with interest at 3 percent 
per year, compounded on December 31 of each year to the date of 
the death of the judge), the difference shall be paid, upon establish-
ment of a valid claim therefor, in the order of precedence prescribed 
in paragraph (2) of this subsection. 
"(6) Any accrued annuity remaining unpaid upon the termination 
(other than by death) of the annuity of any individual based upon 
the service of a judge shall be paid to that individual. Any accrued 
annuity remaining unpaid upon the death of an individual receiving 
an annuity based upon the service of a judge shall be paid, upon the 
establishment of a valid claim therefor, in the following order of 
precedence: 
"(A) To the executor or administrator of the estate of that 
person. 
"(B) After 30 days after the date of the death of such individ-
^
^ ual, to such individual or individuals as may appear in the 
judgment of the chief judge to be legally entitled thereto. 
Such payment shall be a bar to recovery by any other individual. 
"(i) When a payment under this section is to be made to a minor, 
or to a person mentally incompetent or under other legal disability 
adjudged by a court of competent jurisdiction, the payment may be 
made to the person who is constituted guardian or other fiduciary by 
the law of the State of residence of such claimant or is otherwise 
legally vested with the care of the claimant or the claimant's estate. 
If no guardian or other fiduciary of the person under legal disability 
has been appointed under the laws of the State of residence of the 
claimant, the chief judge shall determine the person who is other-
wise legally vested with the care of the claimant or the claimant's 
estate. 
"(j) Annuities under this section shall accrue monthly and shall be 
due and payable in monthly installments on the first business day of 
the month following the month or other period for which the 
annuity has accrued. An annuity under this section is not assign-
able, either in law or in equity, or subject to execution, levy, 
attachment, garnishment, or other legal process. 
103 STAT. 624 
PUBLIC LAW 101-94—AUG. 16, 1989 
"(k)(l) The annuity of the surviving spouse of a judge making an 
election under subsection (b) of this section shall be an amount equal 
to the sum of the following: 
"(A) The product of— 
"(i) 1.5 percent of the judge's average annual pay; and 
"(ii) the sum of the judge's years of judicial service, the 
judge's years of prior allowable service as a Member of 
Congress, the judge's years of prior allowable service per-
formed as a member of the Armed Forces, and the judge's 
years, not exceeding 15, of prior allowable service per-
formed as a congressional employee (as defined in section 
2107 of title 5). 
"(B) Three-fourths of 1 percent of the judge's average annual 
pay multiplied by the judge's years of allowable service not 
counted under subparagraph (A) of this paragraph. 
"(2) An annuity computed under this subsection may not exceed 
50 percent of the judge's average annual pay and may not be less 
than 25 percent of such average annual pay. Such annuity shall be 
further reduced in accordance with subsection (d) of this section (if 
applicable). 
"(3) For purposes of this subsection, the term 'average annual 
pay', with respect to a judge, means the average annual pay received 
by the judge for judicial service (including periods in which the 
judge received retired pay under section 4096(d) of this title) or for 
any other prior allowable service during the period of three consecu-
tive years in which the judge received the largest such average 
annual pay. 
"(1) Subject to subsection (d) of this section, the years of service of 
a judge which are allowable as the basis for calculating the amount 
of the annuity of the judge's surviving spouse shall include the 
judge's years of service as a judge of the Court, the judge's years of 
service as a Member of Congress, the judge's years of active service 
as a member of the Armed Forces not exceeding 5 years in the 
aggregate and not including any such service for which credit is 
allowed for the purposes of retirement or retired pay under any 
other provision of law, and the judge's years of any other civilian 
service within the purview of section 8332 of title 5. 
"(m) Nothing contained in this section shall be construed to 
prevent a surviving spouse eligible therefor from simultaneously 
receiving an annuity under this section and any annuity to which 
such spouse would otherwise be entitled under any other law with-
out regard to this section, but in computing such other annuity 
service used in the computation of such spouse's annuity under this 
section shall not be credited. 
"(n) A judge making an election under subsection (b) of this 
section shall, at the time of such election, waive all benefits u ider 
the civil service retirement laws. Such a waiver shall be made in the 
same manner and shall have the same force and effect as an election 
filed under section 4096(d) of this title. 
"(o) Whenever the salaries of judges paid under section 4053(e) of 
this title are increased, each annuity payable from the retirement 
fund which is based, in whole or in part, upon a deceased judge 
having rendered some portion of that judge's final 18 months of 
service as a judge of the Court, shall also be increased. The amount 
of the increase in the annuity shall be determined by multiplying 
the amount of the annuity on the date on which the increase in 
PUBLIC LAW 101-94—AUG. 16, 1989 
103 STAT. 625 
salaries becomes effective by 3 percent for each full 5 percent by 
which those salaries were increased. 
"§ 4098. Court of Veterans Appeals Retirement Fund 
"(a) There is established in the Treasury a fund known as the 
Court of Veterans Appeals Retirement Fund. 
"(b) Amounts in the fund are available for the payment of judges' 
retired pay under section 4096 of this title and of annuities, refunds, 
and allowances under section 4097 of this title. 
"(c) Amounts deposited by, or deducted and withheld from the 
salary and retired pay of, a judge under section 4096 or 4097 of this 
title shall be deposited in the fund and credited to an individual 
account of the judge. 
"(d) The chief judge of the Court of Veterans Appeals shall submit 
to the President an annual estimate of the expenditures and appro-
priations necessary for the maintenance and operation of the fund, 
and such supplemental and deficiency estimates as may be required 
from time to time for the same purposes, according to law. 
"(e)(1) The chief judge may cause periodic examinations of the 
retirement fund to be made by an actuary, who may be an actuary 
employed by another department of the Government temporarily 
assigned for the purpose. 
"(2)(A) Subject to the availability of appropriations, 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 estimated by the chief judge to be equal to the excess (as of 
?^ 
the close of that fiscal year) o
f
— 
"(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 o
f
— 
"(I) the present values of future deductions under sections 
4096(i) and 4097(c) of this title and future deposits under 
. sections 4096(j) and 4096(d) of this title, and 
I' 
"(II) the balance in the fund as of the close of the fiscal 
year. 
"(C) Amounts deposited in the retirement fund under this para-
graph shall not be credited to the account of any individual. 
"(f) The Secretary of the Treasury shall invest from time to time, Securities, 
in interest-bearing securities of the United States, such portions of 
the retirement fund as in such Secretary's judgment may not be 
immediately required for payments from the fund. The income 
derived from such investments shall constitute a part of the fund.". 
^ 
(b) CLERICAL AMENDMENT.—The table of sections at the beginning 
^' ' 
of chapter 72 of such title is amended by adding at the end the 
following: 
'- 
" S U B C H A P T E R V—RETIREMENT AND SURVIVORS ANNUITIES 
i 
"4096. Retirement of judges. 
"4()i)7. Survivor annuities. 
-
"4()!)H. Court of Veterans Appeals Retirement Fund.". 
103 STAT. 626 
PUBLIC LAW 101-94—AUG. 16, 1989 
SEC. 102. CONFORMING AMENDMENTS. 
(a) CIVIL SERVICE RETIREMENT SYSTEM.—Section 8334(i) of title 5, 
United States Code, is amended by adding at the end the following 
new paragraph: 
"(5) Notwithstanding any other provision of law, a judge who is 
covered by section 4096 of title 38 shall not be subject to deductions and 
- 
contributions to the Fund, if the judge notifies the Director of the 
Office of Personnel Management of an election of a retirement 
annuity under that section. Upon such an election, the judge shall 
be entitled to a lump-sum credit under section 8342(a) of this title.". 
(b) FEDERAL EMPLOYEES RETIREMENT SYSTEM.—Section 8402 of title 
5, United States Code, is amended by adding at the end the following 
new subsection: 
"(f) A 
judge who is covered by section 4096 of 
title 38 shall be excluded 
from the operation of this chapter if the judge notifies the Director 
of the Office of Personnel Management of an election of a retire-
ment annuity under that section. Upon such election, the judge 
shall be entitled to a lump-sum credit under section 8424 of this 
title.". 
(c) STANDARDS FOR REMOVAL OF JUDGES.—Section 4053(0(1) of title 
38, United States Code, is amended in the first sentence— 
(1) by inserting "or" before "engaging"; and 
(2) by striking out "law," and all that follows in that sentence 
1 and inserting in lieu thereof "law.". 
TITI.E II—PROVISIONS RELATING TO ESTABLISHMENT OF 
COURT OF VETERANS APPEALS 
38 use 4055 
SEC. 201. FACILITIES FOR THE COURT. 
(a) SPACE IN THE DISTRICT OF COLUMBIA.—The Administrator of 
General Services shall provide suitable building space in the District 
of Columbia for the United States Court of Veterans Appeals as the 
Court's principal place of business. The Administrator shall, if 
necessary, arrange for temporary space for the Court if permanent 
space is not immediately available for the Court. The Administrator 
shall place a high priority on the provision of such temporary and 
permanent space for the Court. 
(b) APPROVAL BY COURT.—Any space to be provided for the Court 
of Veterans Appeals under subsection (a) must be acceptable to the 
Court. 
(c) ADDITIONAL REQUIREMENT.—Any building space provided to the 
^... 
Court under subsection (a) shall be adjacent to additional building 
space (in an amount acceptable to the Court) that can be made 
available to the Court in the future if needed for expansion of the 
facilities of the Court. 
38 use 4066 
SEC. 202. INTERIM PROVISION FOR FILING NOTICES OF APPEAL. 
^° ' 
In the case of a person adversely affected by a final decision of the 
Board of Veterans' Appeals that is made before the date on which 
the United States Court of Veterans Appeals has caused to be 
published in the Federal Register a notice by the Court that it has 
commenced operations, the period prescribed under section 4066 of 
title 38, United States Code, within which a notice of appeal must be 
filed with the Court shall be extended to the end of the 30-day period 
beginning on the date such notice is published, if the end of that 
PUBLIC LAW 101-94—AUG. 16, 1989 
103 STAT. 627 
period is later than the date that would otherwise be applicable 
under such section. 
SEC. 203. INTERIM RULES OF THE COURT. 
38 USC 4064 
The Federal Rules of Appellate Procedure (28 U.S.C. App.) shall 
"°^* 
be the interim rules of the United States Court of Veterans Appeals 
^ . 
unless otherwise provided by the Court in accordance with chapter 
'.',/ 
72 of title 38, United States Code. If there is a conflict between a 
provision of the Federal Rules of Appellate Procedure and the 
procedures set forth in chapter 72 of title 38, United States Code, the 
procedures set forth in such chapter shall apply. 
SEC. 204. EMPLOYEES OF THE COURT. 
(a) EMPLOYMENT AUTHORITY.—Section 4081 of title 38, United 
States Code, is amended to read as follows: 
"§4081. Employees 
"(a) The Court of Veterans Appeals may appoint a clerk without 
A^t 
regard to the provisions of title 5 governing appointments in the 
competitive service. The clerk shall serve at the pleasure of the 
Court. 
"(b) The judges of the Court may appoint law clerks and secretar-
ies, in such numbers as the Court may approve, without regard to 
the provisions of title 5 governing appointments in the competitive 
service. Any such law clerk or secretary shall serve at the pleasure 
of the appointing judge. 
"(c) The clerk, with the approval of the Court, may appoint 
necessary deputies and employees without regard to the provisions 
of title 5 governing appointments in the competitive service. 
"(d) The Court may fix and adjust the rates of basic pay for the 
clerk and other employees of the Court without regard to the 
provisions of chapter 51, subchapter III of chapter 53, or section 5373 
of title 5. To the maximum extent feasible, the Court shall com-
pensate employees at rates consistent with those for employees 
holding comparable positions in the judicial branch. 
"(e) In making appointments under subsections (a) through (c) of 
this section, preference shall be given, among equally qualified 
persons, to persons who are preference eligibles (as defined in 
section 2108(3) of title 5). 
"(f) The Court may procure the services of experts and consultants 
under section 3109 of title 5. 
"(g) The Chief Judge of the Court may exercise the authority of 
the Court under this section whenever there are not at least two 
associate judges of the Court. 
"(h) The Court shall not be considered to be an agency within the 
meaning of section 3132(aXl) of title 5.". 
(b) LIMITATION ON CONVERSION OF EMPLOYEES TO COMPETITIVE 
38 USC 4081 
SERVICE.—Notwithstanding clause (1)(A) of the proviso under the 
note, 
heading "Court of Veterans Appeals" in chapter XI of Public Law 
101-45, no employee of the United States Court of Veterans Appeals 
may be converted to the competitive service without the approval of 
the Court. 
(c) EFFECTIVE DATE.—Notwithstanding section 401 of the Veter- 
38 USC 4081 
ans' Judicial Review Act, the authority provided by section 4081 of note. 
title 38, United States Code, as amended by subsection (a), shall take 
effect on the date of the enactment of this Act. 
103 STAT. 628 
PUBLIC LAW 101-94—AUG. 16,1989 
TITLE III—TECHNICAL CORRECTIONS 
SEC. 
3
0
1
. EFFECTIVE 
DATE 
FOR 
NEW RULE 
FOR 
REOPENING 
BOARD 
OF 
VETERANS'APPEALS 
DISALLOWED 
CASES. 
Section 401(d) of the Veterans' Judicial Review Act (Public Law 
38 use 4051 
100-687; 102 Stat. 4122) is amended to read as follows: 
note- 
"(d) BOARD OF VETERANS' APPEALS.—Sections 202, 203, 205, 206, 
and 207 shall take effect as of January 1, 1989. Section 204 shall 
take effect on September 1, 1989.". 
^ 
SEC. 302. OTHER TECHNICAL AMENDMENTS. 
(a) CROSS-REFERENCE TO NEW SECTION.—Section 3301(bXl) of title 
38, United States Code, is amended by striking out "section 4009" 
and inserting in lieu thereof "section 3009 or 4009". 
(b) REVIEW OF COURT DECISIONS.—Section 4092(dXl) of such title is 
amended by striking out "statute or". 
38 use 3301 
(c) APPLICABILITY OF AMENDMENTS.—The amendments made by 
"10*®. 
subsections (a) and (b) shall take effect as if included in the Veter-
ans' Judicial Review Act. 
(d) REDESIGNATION OF DUPUCATE SECTION NUMBER.—(1) The sec-
tion 223 of title 38, United States Code, added by section 203(bXl) of 
the Veterans' Benefits and Services Act of 1988 (Public Law 100-322; 
102 Stat. 509) is redesignated as section 224. 
(2) The item relating to that section in the table of sections at the 
beginning of chapter 3 of that title is revised to reflect the redesigna-
tion made by paragraph (1). 
TITLE IV—MISCELLANEOUS PROVISIONS 
SEC. 401. NONCAREER APPOINTMENTS IN DEPARTMENT OF VETERANS 
AFFAIRS. 
Section 12(c)(2) of the Department of Veterans Affairs Act (Public 
38 use 201 note. 
Law 100-527; 102 Stat. 2642) is amended— 
(1) by inserting "(A)" before "any person"; and 
' 
(2) by inserting before the period at the end the following: 
", or (B) any person to (i) a Senior Executive Service position as a 
noncareer appointee, or (ii) a position which is excepted from 
the competitive service, on a temporary or permanent basis, 
, because of the confidential or policy-determining character of 
the position". 
, 
SEC. 402. ACTING CHIEF JUDGE IN EVENT OF VACANCY. 
Section 4054 of title 38, United States Code, is amended by adding 
at the end the following new subsection: 
PUBLIC LAW 101-94—AUG. 16,1989 
103 STAT. 629 
"(d) In the event of a vacancy in the position of chief judge of the 
Court, the associate judge senior in service on the Court shall serve 
as acting chief judge unless the President designates one of the 
other associate judges to serve as acting chief judge, in which case 
the judge so designated shall serve as acting chief judge.". 
Approved August 16,1989. 
LEGISLATIVE HISTORY—H.R. 2727 (S. 1243): 
HOUSE REPORTS: No. 101-189 (Comm. on Veterans' Affairs). 
SENATE REPORTS: No. 101-86 accompanying S. 1243 (Comm. on Veterans' Affairs). 
CONGRESSIONAL RECORD, Vol. 135 (1989): 
July 31, considered and passed House. 
Aug. 3, S. 1243 considered in Senate; proceedings vacated and H.R. 2727 
considered and passed.