§ 7257. Recall of retired judges

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1999

   Veterans Millennium Health Care and Benefits Act

   Pub. L. 106–117 title X § 1021(a) · 113 Stat. 1545

   Enacted · 38 U.S.C. § 7257

   Added Pub. L. 106–117, title X, § 1021(a), Nov. 30, 1999, 113 Stat. 1590

   Source evidence

   Code source credit
   Added Pub. L. 106–117, title X, § 1021(a), Nov. 30, 1999, 113 Stat. 1590

   Enacted provision · exact public law section
   (a) Authority To Recall Retired Judges.— Chapter 72 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 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 Appeals for Veterans Claims 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 Certification. 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 pursuant to section 7253(g) or 7296(g) of this title. “(c) A retired judge who is recalled under this section may exercise all of the judicial 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.”.

2. 2008

   Veterans’ Benefits Improvement Act of 2008

   Pub. L. 110–389 § 603(b)(4) · 122 Stat. 4145

   Amended · 38 U.S.C. § 7257(a)(1)

   Pub. L. 110–389, § 603(b)(4), amended last sentence generally. Prior to amendment, last sentence read as follows: “Such a notice provided by a retired judge is irrevocable.”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 110–389, § 603(b)(4), amended last sentence generally. Prior to amendment, last sentence read as follows: “Such a notice provided by a retired judge is irrevocable.”

   Enacted provision · exact public law section
   (4) Notice.— The last sentence of section 7257(a)(1) is amended to read as follows: “Such a notice provided by a retired judge to whom section 7296(c)(1)(B) of this title applies is irrevocable.”.

3. 2008

   Veterans’ Benefits Improvement Act of 2008

   Pub. L. 110–389 § 603(a) · 122 Stat. 4145

   Struck · 38 U.S.C. § 7257(b)(2)

   Pub. L. 110–389, § 603(a), struck out “or for more than a total of 180 days (or the equivalent) during any calendar year” before period at end

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 110–389, § 603(a), struck out “or for more than a total of 180 days (or the equivalent) during any calendar year” before period at end.

   Enacted provision · exact public law section
   (a) Repeal of Limit on Service of Recalled Retired Judges Who Voluntarily Serve More Than 90 Days.— Section 38 USC 7257. 7257(b)(2) is amended by striking “or for more than a total of 180 days (or the equivalent) during any calendar year”.

4. 2008

   Veterans’ Benefits Improvement Act of 2008

   Pub. L. 110–389 § 603(c) · 122 Stat. 4145

   Inserted · 38 U.S.C. § 7257(b)(3)

   Pub. L. 110–389, § 603(c), inserted at end “This paragraph shall not apply to a judge to whom section 7296(c)(1)(A) or 7296(c)(1)(B) of this title applies and who has, in the aggregate, served at least five years of recalled service on the Court under this section.”

   Source evidence

   Code amendment note
   Subsec. (b)(3). Pub. L. 110–389, § 603(c), inserted at end “This paragraph shall not apply to a judge to whom section 7296(c)(1)(A) or 7296(c)(1)(B) of this title applies and who has, in the aggregate, served at least five years of recalled service on the Court under this section.”

   Enacted provision · exact public law section
   (c) Limitation on Involuntary Recalls.— Section 7257(b)(3) is amended by adding at the end the following new sentence: “This paragraph shall not apply to a judge to whom section 7296(c)(1)(A) or 7296(c)(1)(B) of this title applies and who has, in the aggregate, served at least five years of recalled service on the Court under this section.”.

5. 2008

   Veterans’ Benefits Improvement Act of 2008

   Pub. L. 110–389 § 603(b)(3) · 122 Stat. 4145

   Amended · 38 U.S.C. § 7257(d)

   Pub. L. 110–389, § 603(b)(3), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows:

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 110–389, § 603(b)(3), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows:

   “(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.”

   Enacted provision · exact public law section
   (3) Pay during period of recall.— Subsection (d) of section 7257 is amended to read as follows: “(d) (1) The pay of a recall-eligible retired judge to whom section 7296(c)(1)(B) of this title applies is the pay specified in that section. “(2) A judge who is recalled under this section who retired under chapter 83 or 84 of title 5 or to whom section 7296(c)(1)(A) of this title applies 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 or the judge’s annuity under section 7296(c)(1)(A) of this title, whichever is applicable.” .

5 of 5 references resolved to an enrolled provision