Definitions
Retirement
The judge has attained age: | And the years of service as a judge are at least: |
|---|---|
65 | 15 |
66 | 14 |
67 | 13 |
68 | 12 |
69 | 11 |
70 | 10. |
Recalling of retired judges
Retired pay
Election to receive retired pay
Retired pay affected in certain cases
1-year forfeiture for failure to perform judicial duties
If such individual during any calendar year fails to perform judicial duties required of him by subsection (c), such individual shall forfeit all rights to retired pay under subsection (d) for the 1-year period which begins on the 1st day on which he so fails to perform such duties.
Permanent forfeiture of retired pay where certain non-Government services performed
If such individual performs (or supervises or directs the performance of) legal or accounting services in the field of Federal taxation for his client, his employer, or any of his employer’s clients, such individual shall forfeit all rights to retired pay under subsection (d) for all periods beginning on or after the 1st day on which he engages in any such activity. The preceding sentence shall not apply to any civil office or employment under the Government of the United States.
Suspension of retired pay during period of compensated Government service
If such individual accepts compensation for civil office or employment under the Government of the United States (other than the performance of judicial duties pursuant to subsection (c)), such individual shall forfeit all rights to retired pay under subsection (d) for the period for which such compensation is received.
Forfeitures of retired pay under paragraphs (1) and (2) not to apply where individual elects to freeze amount of retired pay
In general
Election
When election takes effect
Any election under this paragraph shall take effect on the 1st day of the 1st month following the month in which the election is made.
Coordination with civil service retirement
General rule
Except as otherwise provided in this subsection, the provisions 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 in respect of service as a judge (together with other service as an officer or employee to whom such civil service retirement laws apply) as if this section had not been enacted.
Effect of electing retired pay
Retirement for disability
Revocation of election to receive retired pay
In general
Notwithstanding subsection (e)(2), an individual who has filed an election to receive retired pay under subsection (d) may revoke such election at any time before the first day on which retired pay (or compensation under subsection (c) in lieu of retired pay) would (but for such revocation) begin to accrue with respect to such individual.
Manner of revoking
Any revocation under this subsection shall be made by filing a notice thereof in writing with 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.
Effect of revocation
Thrift Savings Plan
Election to contribute
In general
section 8437 of title 5A judge of the Tax Court may elect to contribute to the Thrift Savings Fund established by , United States Code.
Period of election
section 8432(b) of title 5An election may be made under this paragraph only during a period provided under , United States Code, for individuals subject to chapter 84 of such title.
Applicability of title 5 provisions
Except as otherwise provided in this subsection, the provisions of subchapters III and VII of chapter 84 of title 5, United States Code, shall apply with respect to a judge who makes an election under paragraph (1).
Special rules
Amount contributed
section 8440f of title 5The amount contributed by a judge to the Thrift Savings Fund in any pay period shall not exceed the maximum percentage of such judge’s basic pay for such period as allowable under , United States Code. Basic pay does not include any retired pay paid pursuant to this section.
Contributions for benefit of judge
section 8432(c) of title 5No contributions under , United States Code, shall be made for the benefit of a judge who has filed an election to receive retired pay under subsection (e).
section 8433(b) of title 5 Applicability of whether or not judge retires
section 8351(b)(5) of title 5 Applicability of
section 8351(b)(5) of title 5The provisions of , United States Code, shall apply with respect to a judge who makes an election under paragraph (1).
Exception
Notwithstanding subparagraph (C), if any judge retires under this section, or resigns without having met the age and service requirements set forth under subsection (b)(2), and such judge’s nonforfeitable account balance is less than an amount that the Executive Director of the Federal Retirement Thrift Investment Board prescribes by regulation, the Executive Director shall pay the nonforfeitable account balance to the participant in a single payment.
Offset
In the case of a judge who receives a distribution from the Thrift Savings Plan and who later receives retired pay under subsection (d), the retired pay shall be offset by an amount equal to the amount of the distribution which represents the Government’s contribution to the individual’s Thrift Savings Account during years of service as a full-time judicial officer under the Federal Employees Retirement System, without regard to earnings attributable to such amount. Where such an offset would exceed 50 percent of the retired pay to be received in the first year, the offset may be divided equally over the first 2 years in which the individual receives the annuity.
Teaching compensation of retired judges
1
Aug. 16, 1954, ch. 736 68A Stat. 880 Pub. L. 89–354, § 180 Stat. 5 Pub. L. 91–172, title IX83 Stat. 730 Pub. L. 92–41, § 4(a)85 Stat. 99 Pub. L. 95–472, § 192 Stat. 1332 Pub. L. 97–362, title I, § 106(d)96 Stat. 1730 Pub. L. 99–514, title XV, § 1557(a)100 Stat. 2756 Pub. L. 100–647, title I, § 1015(k)(1)102 Stat. 3571 Pub. L. 109–280, title VIII, § 853(a)120 Stat. 1016 Pub. L. 113–295, div. A, title II, § 221(a)(115)128 Stat. 4054 Pub. L. 117–328, div. T, title VII, § 701(a)(1)136 Stat. 5398 (, ; , , ; , §§ 954, 960(c), (d), , , 734; , , ; , , ; , , ; , (b), (d), , , 2757; , , ; , , ; , , ; , (2), (c)(1), (d)(1), , , 5401.)
Editorial Notes
References in Text
Pub. L. 95–521Pub. L. 117–286136 Stat. 4303 Sections 501(a) and 502(a)(5) of the Ethics in Government Act of 1978, referred to in subsec. (k), are sections 501(a) and 502(a)(5) of , which were set out in the Appendix to Title 5, Government Organization and Employees, and were repealed and restated as sections 13143(a) and 13144(a)(5), respectively, of Title 5 by , §§ 3(c), 7, , , 4304, 4361.
Amendments
Pub. L. 117–328, § 701(c)(1)(A)2022—Subsec. (g)(2)(C). , substituted “sections 8331(8) and 8401(19)” for “section 8331(8)”.
Pub. L. 117–328, § 701(c)(1)(B)Subsec. (i)(2). , substituted “Office of Personnel Management” for “Civil Service Commission” in two places.
Pub. L. 117–328, § 701(a)(1)section 8432(c) of title 5Subsec. (j)(3)(B). , amended subpar. (B) generally. Prior to amendment, text read as follows: “No contributions may be made for the benefit of a judge under , United States Code.”
Pub. L. 117–328, § 701(a)(2)Subsec. (j)(3)(F). , added subpar. (F).
Pub. L. 117–328, § 701(d)(1)Subsec. (k). , added subsec. (k).
Pub. L. 113–2952014—Subsec. (i)(3)(B)(ii). substituted “at 3 percent per annum” for “at 4 percent per annum to , and 3 percent per annum thereafter”.
Pub. L. 109–2802006—Subsec. (j). added subsec. (j).
Pub. L. 100–6471988—Subsec. (d). inserted at end “In computing the rate of the retired pay under paragraph (1) of this subsection for any individual who is entitled thereto, any period during which such individual performs services under subsection (c) on a substantially full-time basis shall be treated as a period during which he has served as a judge.”
Pub. L. 99–514, § 1557(d)(1)1986—Subsec. (a)(2), (3), (5). , redesignated pars. (3) and (5) as (2) and (3), respectively, and struck out former par. (2) which read as follows: “The term ‘Civil Service Commission’ means the United States Civil Service Commission.”
Pub. L. 99–514, § 1557(a)Subsec. (b)(2). , amended par. (2) generally. Prior to amendment, par. (2) read as follows: “Any judge who has attained the age of 65 may retire any time after serving as judge for 15 years or more.”
Pub. L. 99–514, § 1557(d)(2)Subsec. (e). , substituted “Office of Personnel Management” for “Civil Service Commission” in par. (4) and in last sentence.
Pub. L. 99–514, § 1557(b)Subsec. (f). , amended subsec. (f) generally. Prior to amendment, subsec. (f), individuals receiving retired pay to be available for recall, read as follows: “Any individual who has elected to receive retired pay under subsection (d) who thereafter—
“(1) accepts civil office or employment under the Government of the United States (other than the performance of judicial duties pursuant to subsection (c)); or
“(2) performs (or supervises or directs the performance of) legal or accounting services in the field of Federal taxation or in the field of the renegotiation of Federal contracts for his client, his employer, or any of his employer’s clients,
shall forfeit all rights to retired pay under subsection (d) for all periods beginning on or after the first day on which he accepts such office or employment or engages in any activity described in paragraph (2). Any individual who has elected to receive retired pay under subsection (d) who thereafter during any calendar year fails to perform judicial duties required of him by subsection (c) shall forfeit all rights to retired pay under subsection (d) for the 1-year period which begins on the first day on which he so fails to perform such duties.”
Pub. L. 99–514, § 1557(d)(3)Subsec. (g)(2)(C). , substituted “Office of Personnel Management” for “Civil Service Commission”.
Pub. L. 97–3621982—Subsec. (b). inserted provision that any judge who retires shall be designated “senior judge”.
Pub. L. 95–4721978—Subsec. (i). added subsec. (i).
Pub. L. 92–411971—Subsec. (c). substituted “At or after his retirement, any individual who has elected to receive” for “Any individual who is receiving”.
Pub. L. 91–172, § 954(e)(1)1969—Subsec. (a)(4). , struck out par. (4) which defined the term “Civil Service Retirement Act”.
Pub. L. 91–172, § 960(c)Subsec. (a)(1). , substituted “United States Tax Court” for “Tax Court of the United States”.
Pub. L. 91–172, § 960(d)Subsec. (a)(5). , inserted reference to service as a judge of the Tax Court of the United States.
Pub. L. 91–172, § 954(a)section 8335(a) of title 5Subsec. (b). , substituted provisions authorizing retirement at age 70, or age 65 after serving 15 years, or when any judge has become permanently disabled, authorizing any judge not reappointed who has served 15 years or more to retire under enumerated condition, and rendering not applicable to judges, for provisions authorizing retirement after a judge has served 18 years, requiring anyone who served as a judge for 10 years or more and attained the age of 70 years to retire no later than the close of the third month beginning after the month in which he attained 70 years or the month completing the tenth year of service or August 1953, and rendering section 2(a) of the Civil Service Retirement Act not applicable to judges.
Pub. L. 91–172, § 954(b)Subsec. (d). , substituted provisions specifying methods of computation of retirement pay under subsec. (b) of this section so as to conform such provisions to subsec. (b) (relating to conditions for retiring), for provisions specifying methods of computation for retirement pay under former subsec. (b) of this section (relating to conditions for retiring).
Pub. L. 91–172, § 954(e)(2)Subsec. (g)(1). , substituted “civil service retirement laws” and “such civil service retirement laws apply” for “Civil Service Retirement Act” and “such Act applies”, respectively.
Pub. L. 91–172, § 954(c)section 8331(8) of Title 5Subsec. (g)(2). , substituted provisions that any individual electing to receive retirement pay under subsec. (d) of this section is not to receive any payment under the civil service retirement laws, and no deduction is to be made for the Civil Service Retirement and Disability Fund, and a lump-sum credit computed under is to be paid, for provisions which enumerated the effects and conditions of electing retirement pay under former subsec. (d) of this section.
Pub. L. 91–172, § 954(c)Subsec. (g)(3). , struck out par. (3) which enumerated the conditions and effects of waiving civil service benefits in lieu of retirement pay under former subsec. (d) of this section.
Pub. L. 91–172, § 954(c)Subsec. (g)(4). , struck out par. (4) which provided that the fourth and sixth paragraphs of section 6 of the Civil Service Retirement Act would be applicable to retirement pay accruing under subsec. (d) of this section.
Pub. L. 91–172, § 954(d)Subsec. (h). , added subsec. (h).
Pub. L. 89–3541966—Subsec. (d). substituted “during any period at a rate which bears the same ratio to the rate of the salary payable to a judge during such period” for “at a rate which bears the same ratio to the rate of the salary payable to him as judge at the time he ceases to be a judge” and “the rate of such salary for such period” for “the rate of such salary” wherever appearing.
Statutory Notes and Related Subsidiaries
Effective Date of 2022 Amendment
Pub. L. 117–328, div. T, title VII, § 701(a)(3)136 Stat. 5398
Pub. L. 117–328, div. T, title VII, § 701(d)(2)136 Stat. 5402
Pub. L. 117–328, div. T, title VII, § 701(e)136 Stat. 5402
Effective Date of 2014 Amendment
Pub. L. 113–295section 221(b) of Pub. L. 113–295section 1 of this titleAmendment by effective , subject to a savings provision, see , set out as a note under .
Effective Date of 2006 Amendment
Pub. L. 109–280, title VIII, § 853(b)120 Stat. 1017
Effective Date of 1988 Amendment
Pub. L. 100–647, title I, § 1015(k)(2)102 Stat. 3571
Effective Date of 1986 Amendment
Pub. L. 99–514, title XV, § 1557(e)100 Stat. 2757
In general .—
Forfeiture of retired pay .—
Effective Date of 1978 Amendment
Pub. L. 95–472, § 2(a)92 Stat. 1332
Effective Date of 1971 Amendment
Pub. L. 92–41, § 4(c)(1)85 Stat. 99 Pub. L. 99–514, § 2100 Stat. 2095
Effective Date of 1969 Amendment
Pub. L. 91–172section 962(a) of Pub. L. 91–172section 7441 of this titleAmendment by sections 954(c), (e) and 960(c), (d) of effective , see , set out as a note under .
Pub. L. 91–172, title IX, § 962(d)83 Stat. 736 Pub. L. 99–514, § 2100 Stat. 2095
Effective Date of 1966 Amendment
Pub. L. 89–354, § 280 Stat. 5 Pub. L. 99–514, § 2100 Stat. 2095
Redepositing Funds in Civil Service Retirement and Disability Fund; Creditable Service
Pub. L. 95–472, § 2(b)92 Stat. 1333 Pub. L. 99–514, § 2100 Stat. 2095
Executive Documents
Transfer of Functions
92 Stat. 3783 section 1101 of Title 5section 1101 of Title 5Functions vested by statute in United States Civil Service Commission or Chairman thereof transferred to Director of Office of Personnel Management (except as otherwise specified) by Reorg. Plan No. 2 of 1978, § 102, 43 F.R. 36037, , set out under , Government Organization and Employees, effective , as provided by section 1–102 of Ex. Ord. No. 12107, , 44 F.R. 1055, set out under .