US Code

Public Law 119-73 (01/23/2026)

5 U.S.C. § 8440c

Court of Federal Claims judges

(a)
(1)
section 178 of title 28 A judge of the United States Court of Federal Claims who is covered by may elect to contribute an amount of such individual’s basic pay to the Thrift Savings Fund.
(2)
An election may be made under paragraph (1) as provided under section 8432(b) for individuals subject to this chapter.
(b)
(1)
Except as otherwise provided in this subsection, the provisions of this subchapter and subchapter VII shall apply with respect to Court of Federal Claims judges who make contributions to the Thrift Savings Fund under subsection (a) of this section.
(2)
The amount contributed by a Court of Federal Claims judge for any pay period shall not exceed the maximum percentage of such judge’s basic pay for such pay period allowable under section 8440f.
(3)
section 8432(c) of this title No contributions shall be made under for the benefit of a Court of Federal Claims judge making contributions under subsection (a) of this section.
(4)
(A)
Section 8433(b) of this titlesection 178 of title 28 applies to a Court of Federal Claims judge who elects to make contributions to the Thrift Savings Fund under subsection (a) of this section and who retires entitled to an annuity under (including a disability annuity under subsection (c) of such section).
(B)
Section 8433(b) of this titlesection 178 of title 28 applies to any Court of Federal Claims judge who elects to make contributions to the Thrift Savings Fund under subsection (a) of this section and who retires before becoming entitled to an annuity under .
(5)
With respect to Court of Federal Claims judges to whom this section applies, any of the actions described in paragraph (4)(A) or (B) shall be considered a separation from service for purposes of this subchapter and subchapter VII.
(6)
section 178(c) of title 28 For purposes of this section, the terms “retirement” and “retire” include removal from office under on the sole ground of mental or physical disability.
(7)
section 178 of title 28 In the case of a Court of Federal Claims judge who receives a distribution from the Thrift Savings Plan and who later receives an annuity under , such annuity shall be offset by an amount equal to the amount of the distribution which represents the Government’s contribution to that person’s Thrift Savings Account, without regard to earnings attributable to that amount. Where such an offset would exceed 50 percent of the annuity to be received in the first year, the offset may be divided equally over the first 2 years in which that person receives the annuity.
(8)
Notwithstanding paragraph (4), if any Court of Federal Claims judge retires under circumstances making such judge eligible to make an election under section 8433(b), and such judge’s nonforfeitable account balance is less than an amount that the Executive Director prescribes by regulation, the Executive Director shall pay the nonforfeitable account balance to the participant in a single payment.

Pub. L. 101–650, title III, § 306(d)(1)104 Stat. 5110Pub. L. 102–198, § 7(c)(1)105 Stat. 1624Pub. L. 102–572, title IX, § 902(b)106 Stat. 4516Pub. L. 103–226, § 9(g)108 Stat. 121Pub. L. 104–208, div. A, title I, § 101(f) [title VI, § 659 [title II, § 205(c)]110 Stat. 3009–314Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 138(a)(4)]114 Stat. 2763Pub. L. 108–469, § 1(d)(6)118 Stat. 3892(Added , , , § 8440b; renumbered § 8440c and amended , , ; , , ; , , ; ], , , 3009–372, 3009–378; , , , 2763A–233; , , .)

Editorial Notes

Codification

section 8440d of this titleAnother section 8440c was renumbered .

Amendments

Pub. L. 108–4692004—Subsec. (a)(2). substituted “as” for “only during a period”.

Pub. L. 106–5542000—Subsec. (b)(2). substituted “the maximum percentage of such judge’s basic pay for such pay period allowable under section 8440f.” for “5 percent of basic pay for such pay period.”

Pub. L. 104–208, § 101(f) [title VI, § 659 [title II, § 205(c)(1)]1996—Subsec. (b)(7). ], inserted “of the distribution” after “equal to the amount”.

Pub. L. 104–208, § 101(f) [title VI, § 659 [title II, § 205(c)(2)]Subsec. (b)(8). ], substituted “less than an amount that the Executive Director prescribes by regulation” for “$3,500 or less” and struck out “unless the judge elects, at such time and otherwise in such manner as the Executive Director prescribes, one of the options available under section 8433(b)” before period at end.

Pub. L. 103–226, § 9(g)(1)1994—Subsec. (b)(4)(B). , substituted “Section 8433(b)” for “Section 8433(d)”.

Pub. L. 103–226, § 9(g)(2)section 178 of title 28Subsec. (b)(5). , substituted “any of the actions described in paragraph (4)(A) or (B) shall be considered” for “retirement under is”.

Pub. L. 103–226, § 9(g)(3)section 178 of title 28Subsec. (b)(8), (9). , (4), redesignated par. (9) as (8), substituted “Notwithstanding paragraph (4)” for “Notwithstanding paragraph (4)(A)”, and struck out former par. (8) which read as follows: “Notwithstanding paragraph (4)(B), if any Court of Federal Claims judge who elects to make contributions to the Thrift Savings Fund under subsection (a) retires before becoming entitled to an annuity under , and such judge’s nonforfeitable account balance is $3,500 or less, the Executive Director shall pay the nonforfeitable account balance to the participant in a single payment unless the judge elects, at such time and otherwise in such manner as the Executive Director prescribes, to have the nonforfeitable account balance transferred to an eligible retirement plan as provided in section 8433(e).”

Pub. L. 102–572, § 902(b)(2)1992—, substituted “Court of Federal Claims” for “Claims Court” in section catchline.

Pub. L. 102–572, § 902(b)(1)Subsec. (a)(1). , substituted “United States Court of Federal Claims” for “United States Claims Court”.

Pub. L. 102–572, § 902(b)(2)Subsec. (b)(1) to (5), (7) to (9). , substituted “Court of Federal Claims” for “Claims Court” wherever appearing.

Pub. L. 102–198, § 7(c)(1)(A)section 8440b of this title1991—, renumbered as this section.

Pub. L. 102–198, § 7(c)(1)(B)(i)Subsec. (b)(4)(A). , substituted “subsection (c)” for “subsection (d)”.

Pub. L. 102–198, § 7(c)(1)(B)(ii)section 8438(b)(1)(A) of this titleSubsec. (b)(7). , redesignated par. (8) as (7) and struck out former par. (7) which read as follows: “Sums contributed pursuant to this section by Claims Court judges, as well as all previous contributions to the Thrift Savings Fund by those judges, and earnings attributable to such sums and contributions, may be invested and reinvested only in the Government Securities Investment Fund established under .”

Pub. L. 102–198, § 7(c)(1)(B)(ii)Subsec. (b)(8). , (iii) added par. (8) and redesignated former par. (8) as (7).

Pub. L. 102–198, § 7(c)(1)(B)(iii)Subsec. (b)(9). , added par. (9).

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Pub. L. 104–208Pub. L. 104–208section 5545a of this titleAmendment by effective , and withdrawals and elections as provided under such amendment to be made at earliest practicable date as determined by Executive Director in regulations, see section 101(f) [title VI, § 659 [title II, § 207]] of , set out as a note under .

Effective Date of 1994 Amendment

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

Effective Date of 1992 Amendment

Pub. L. 102–572section 911 of Pub. L. 102–572section 171 of Title 28Amendment by effective , see , set out as a note under , Judiciary and Judicial Procedure.

Effective Date of 1991 Amendment

Section 7(c)(3) of Pub. L. 102–198Pub. L. 102–572, title IX, § 902(b)(2)106 Stat. 4516

section 8440c(b) of title 5“Paragraphs (8) and (9) of , United States Code (as added by paragraph (1)) shall be effective as of , and shall apply to any Court of Federal Claims judge retiring on or after such date.”
, as amended by , , , provided that:

Effective Date

section 306(f) of Pub. L. 101–650section 8331 of this titleSection applicable to judges of, and senior judges in active service with, the United States Court of Federal Claims on or after , see , set out as an Effective Date of 1990 Amendment note under .