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119th Congress

Title 5 — Government Organization and Employees

Part III · Chapter 84 — Federal Employees’ Retirement System

§ 8440d. Judges of the United States Court of Appeals for Veterans Claims

Statutory text

(a)
(1)

A judge of the United States Court of Appeals for Veterans Claims may elect to contribute to the Thrift Savings Fund.

(2)

An election may be made under paragraph (1) as provided under section 8432(b) of this title for individuals subject to this chapter.

(b)
(1)

Except as otherwise provided in this subsection, the provisions of this subchapter and subchapter VII of this chapter shall apply with respect to a judge making contributions to the Thrift Savings Fund.

(2)

The amount contributed by a judge of the United States Court of Appeals for Veterans Claims for any pay period may not exceed the maximum percentage of such judge’s basic pay for such pay period allowable under section 8440f. Basic pay does not include any retired pay paid pursuant to section 7296 of title 38.

(3)

No contributions may be made for the benefit of a judge under section 8432(c) of this title.

(4)

Section 8433(b) of this title applies with respect to a judge who elects to make contributions to the Thrift Savings Fund and retires under section 7296(b) of title 38.

(5)

Section 8433(b) of this title applies in the case of a judge who elects to make contributions to the Thrift Savings Fund and thereafter ceases to serve as a judge of the United States Court of Appeals for Veterans Claims but does not retire under section 7296(b) of title 38.

(6)

The provisions of section 8351(b)(7) 1 of this title shall apply with respect to a judge who has elected to contribute to the Thrift Savings Fund under this section.

Footnotes

  1. 1 See References in Text note below.

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. Pub. L. 102–82 § 5(a)(1) · 105 Stat. 375

    Enacted · 5 U.S.C. § 8440d

    Added Pub. L. 102–82, § 5(a)(1), Aug. 6, 1991, 105 Stat. 376, § 8440c

    Source evidence

    Code source credit
    Added Pub. L. 102–82, § 5(a)(1), Aug. 6, 1991, 105 Stat. 376, § 8440c

    Enacted provision · exact public law section
    (1) Subchapter III of chapter 84 of title 5, United States Code, is amended by adding at the end the following new section:

  2. Technical and Miscellaneous Civil Service Amendments Act of 1992

    Pub. L. 102–378 § 5(d)(1) · 106 Stat. 1346

    Amended · 5 U.S.C. § 8440d

    Pub. L. 102–378 amended Pub. L. 102–198. See 1991 Amendment note below

    Source evidence

    Code amendment note
    Pub. L. 102–378 amended Pub. L. 102–198. See 1991 Amendment note below.

    Enacted provision · exact public law section
    (1) in subparagraph (A) by striking “2440d” and inserting “8440d”; and

  3. Pub. L. 102–198 § 7(c)(4)(A) · 105 Stat. 1623

    Amended · 5 U.S.C. § 8440d

    Pub. L. 102–198, as amended by Pub. L. 102–378, renumbered section 8440c of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 102–198, as amended by Pub. L. 102–378, renumbered section 8440c of this title as this section.

    Enacted provision · exact public law section
    (A) The section 8440c of title 5, United States Code, entitled “Judges of the United States Court of Veterans Appeals” is amended 5 USC 8440c, 8440d. by redesignating such section as section 2440d.

  4. Federal Workforce Restructuring Act of 1994

    Pub. L. 103–226 § 9(h) · 108 Stat. 111

    Substituted · 5 U.S.C. § 8440d(b)(5)

    Pub. L. 103–226 substituted “Section 8433(b) of this title applies” for “A transfer shall be made as provided in section 8433(d) of this title”

    Source evidence

    Code amendment note
    Subsec. (b)(5). Pub. L. 103–226 substituted “Section 8433(b) of this title applies” for “A transfer shall be made as provided in section 8433(d) of this title”.

    Enacted provision · exact public law section
    (h) Judges of the United States Court of Veterans Appeals.— Section 8440d(b)(5) of title 5, United States Code, is amended by striking “A transfer shall be made as provided in section 8433(d) of this title” and inserting “Section 8433(b) of this title applies”.

  5. Pub. L. 105–368 § 512(b)(2)(A) · 112 Stat. 3315

    Substituted · 5 U.S.C. § 8440d

    Pub. L. 105–368, § 512(b)(2)(A), substituted “Judges of the United States Court of Appeals for Veterans Claims” for “Judges of the United States Court of Veterans Appeals” in section catchline

    Source evidence

    Code amendment note
    Pub. L. 105–368, § 512(b)(2)(A), substituted “Judges of the United States Court of Appeals for Veterans Claims” for “Judges of the United States Court of Veterans Appeals” in section catchline.

    Enacted provision · exact public law section
    (A) The heading of section 8440d of title 5, United States Code, is amended to read as follows: “§8440d. Judges of the United States Court of Appeals for Veterans Claims”.

  6. Pub. L. 105–368 § 512(b)(1)(A) · 112 Stat. 3315

    Substituted · 5 U.S.C. § 8440d(a)(1); 5 U.S.C. § 8440d(b)(5)

    Pub. L. 105–368, § 512(b)(1)(A), substituted “Court of Appeals for Veterans Claims” for “Court of Veterans Appeals”

    Source evidence

    Code amendment note
    Subsecs. (a)(1), (b)(5). Pub. L. 105–368, § 512(b)(1)(A), substituted “Court of Appeals for Veterans Claims” for “Court of Veterans Appeals”.

    Enacted provision · exact public law section
    (A) Section 8440d of title 5, United States Code.

  7. Pub. L. 106–361 § 2(b)(6) · 114 Stat. 1400

    Substituted · 5 U.S.C. § 8440d(a)(2)

    Pub. L. 106–361 substituted “this chapter” for “chapter 84 of this title”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 106–361 substituted “this chapter” for “chapter 84 of this title”.

    Enacted provision · exact public law section
    (6) Sections 8440a(a)(2) and 8440d(a)(2) of title 5, United States Code, are amended by striking all after “subject to” and inserting “this chapter.”.

    Effective date note
    Amendment by Pub. L. 106–361 effective at the earliest practicable date after Sept. 30, 2000, as determined by the Executive Director in regulations, see section 2(c)(1) of Pub. L. 106–361, set out as a note under section 8432 of this title.

  8. Consolidated Appropriations Act, 2001

    Pub. L. 106–554 § 1(a)(4)(dB)(tI)(s138)(a)(5) · 114 Stat. 2763

    Amended · 5 U.S.C. § 8440d(b)(2)

    Pub. L. 106–554 amended first sentence generally. Prior to amendment, first sentence read as follows: “The amount contributed by a judge may not exceed 5 percent of the amount of the judge’s basic pay.”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 106–554 amended first sentence generally. Prior to amendment, first sentence read as follows: “The amount contributed by a judge may not exceed 5 percent of the amount of the judge’s basic pay.”

    Enacted provision · exact public law section
    (4) H.R. 5666, as introduced on December 15, 2000, except that the text of H.R. 5666, as so enacted, shall not include section 123 (relating to the enactment of H.R. 4904).

  9. Thrift Savings Plan Open Elections Act of 2004

    Pub. L. 108–469 § 1(d)(7) · 118 Stat. 3891

    Substituted · 5 U.S.C. § 8440d(a)(2)

    Pub. L. 108–469 substituted “as” for “only during a period”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 108–469 substituted “as” for “only during a period”.

    Enacted provision · exact public law section
    (7) Judges of the united states court of appeals for veterans claims.— Section 8440d(a)(2) of title 5, United States Code, is amended by striking “only during a period” and inserting “as”.

9 of 9 references resolved to an enrolled provision

Editorial Notes

References in Text

Section 8351(b)(7) of this title, referred to in subsec. (b)(6), was redesignated section 8351(b)(5) of this title by Pub. L. 103–226, § 9(a)(3), , 108 Stat. 119.

Amendments1991–2004 · 6 rounds

2004

Subsec. (a)(2). Pub. L. 108–469 substituted “as” for “only during a period”.

2000

Subsec. (a)(2). Pub. L. 106–361 substituted “this chapter” for “chapter 84 of this title”.

Subsec. (b)(2). Pub. L. 106–554 amended first sentence generally. Prior to amendment, first sentence read as follows: “The amount contributed by a judge may not exceed 5 percent of the amount of the judge’s basic pay.”

1998

Pub. L. 105–368, § 512(b)(2)(A), substituted “Judges of the United States Court of Appeals for Veterans Claims” for “Judges of the United States Court of Veterans Appeals” in section catchline.

Subsecs. (a)(1), (b)(5). Pub. L. 105–368, § 512(b)(1)(A), substituted “Court of Appeals for Veterans Claims” for “Court of Veterans Appeals”.

1994

Subsec. (b)(5). Pub. L. 103–226 substituted “Section 8433(b) of this title applies” for “A transfer shall be made as provided in section 8433(d) of this title”.

1992

Pub. L. 102–378 amended Pub. L. 102–198. See 1991 Amendment note below.

1991

Pub. L. 102–198, as amended by Pub. L. 102–378, renumbered section 8440c of this title as this section.

Statutory Notes and Related Subsidiaries

Effective Date of 2000 Amendment

Amendment by Pub. L. 106–361 effective at the earliest practicable date after , as determined by the Executive Director in regulations, see section 2(c)(1) of Pub. L. 106–361, set out as a note under section 8432 of this title.

Effective Date of 1998 Amendment

Amendment by Pub. L. 105–368 effective on first day of first month beginning more than 90 days after , see section 513 of Pub. L. 105–368, set out as a note under section 7251 of Title 38, Veterans’ Benefits.

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–226 effective , see section 9(j) of Pub. L. 103–226, set out as a note under section 8351 of this title.

Effective Date of 1992 Amendment

Amendment by Pub. L. 102–378 effective , see section 9(b)(2) of Pub. L. 102–378, set out as a note under section 6303 of this title.

First Election

Section 5(b) of Pub. L. 102–82, as amended by Pub. L. 102–198, § 7(c)(4)(C), , 105 Stat. 1625, provided that: “A judge of the United States Court of Veterans Appeals on the date of the enactment of this Act [] may make an election under section 8440d(a) of title 5, United States Code, within 60 days after the date of the enactment of this Act.”

Credits

1991–2004 · 7 acts
  1. 1991Added Pub. L. 102–82, § 5(a)(1), , 105 Stat. 376, § 8440c
  2. 1991renumbered § 8440d, Pub. L. 102–198, § 7(c)(4)(A), , 105 Stat. 1625, as amended by Pub. L. 102–378, § 5(d)(1), , 106 Stat. 1358
  3. 1994amended Pub. L. 103–226, § 9(h), , 108 Stat. 121
  4. 1998Pub. L. 105–368, title V, § 512(b)(1)(A), (2)(A), , 112 Stat. 3342
  5. 2000Pub. L. 106–361, § 2(b)(6), , 114 Stat. 1401
  6. 2000Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 138(a)(5)], , 114 Stat. 2763, 2763A–233
  7. 2004Pub. L. 108–469, § 1(d)(7), , 118 Stat. 3892.
Show as published

(Added Pub. L. 102–82, § 5(a)(1), , 105 Stat. 376, § 8440c; renumbered § 8440d, Pub. L. 102–198, § 7(c)(4)(A), , 105 Stat. 1625, as amended by Pub. L. 102–378, § 5(d)(1), , 106 Stat. 1358; amended Pub. L. 103–226, § 9(h), , 108 Stat. 121; Pub. L. 105–368, title V, § 512(b)(1)(A), (2)(A), , 112 Stat. 3342; Pub. L. 106–361, § 2(b)(6), , 114 Stat. 1401; Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 138(a)(5)], , 114 Stat. 2763, 2763A–233; Pub. L. 108–469, § 1(d)(7), , 118 Stat. 3892.)

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