RETIREMENT SYSTEM FOR CLAIMS COURT JUDGES.

SEC. 306. RETIREMENT SYSTEM FOR CLAIMS COURT JUDGES. (a) New Retirement System.— (1) Chapter 7 of title 28, United States Code, is amended by adding at the end thereof the following new section: “§ 178. Retirement of judges of the Claims Court “(a) A judge of the United States Claims Court who retires from office after attaining the age and meeting the service requirements, whether continuously or otherwise, of this subsection shall, subject to subsection (f), be entitled to receive, during the remainder of the judge’s lifetime, an annuity equal to the salary payable to Claims Court judges in regular active service. The age and service requirements for retirement under this subsection are as follows: 104 STAT. 5106 “Attained Age: Years of Service: 65 15 66 14 67 13 68 12 69 11 70 10 “(b) A judge of the Claims Court who is not reappointed following the expiration of the term of office of such judge, and who retires upon the completion of such term shall, subject to subsection (f), be entitled to receive, during the remainder of such judge’s lifetime, an annuity equal to the salary payable to Claims Court judges in regular active service, if— “(1) such judge has served at least 1 full term as judge of the Claims Court, and “(2) not earlier than 9 months before the date on which the term of office of such judge expired, and not later than 6 months before such date, such judge advised the President in writing that such judge was willing to accept reappointment as a judge of the Claims Court. “(c) A judge of the Claims Court who has served at least 5 years, whether continuously or otherwise, as such a judge, and who retires or is removed from office upon the sole ground of mental or physical disability shall, subject to subsection (f), be entitled to receive, during the remainder of the judge’s lifetime— “(1) an annuity equal to 50 percent of the salary payable to Claims Court judges in regular active service, if before retirement such judge served less than 10 years, or “(2) an annuity equal to the salary payable to Claims Court judges in regular active service, if before retirement such judge served at least 10 years. “(d) A judge who retires under subsection (a) or (b) may, at or after such retirement, be called upon by the chief judge of the Claims Court to perform such judicial duties with the Claims Court as may be requested of the retired judge for any period or periods specified by the chief judge, except that in the case of any such judge— “(1) the aggregate of such periods in any one calendar year shall not (without his or her consent) exceed 90 calendar days; and “(2) he or she shall be relieved of performing such duties during any period in which illness or disability precludes the performance of such duties. Any act, or failure to act, by an individual performing judicial duties pursuant to this subsection shall have the same force and effect as if it were the act (or failure to act) of a Claims Court judge in regular active service. Any individual performing judicial duties pursuant to this subsection shall receive the allowances for official travel and other expenses of a judge in regular active service. “(e) (1) Any judge who retires under the provisions of subsection (a) or (b) of this section shall be designated ‘senior judge’. “(2) Any judge who retires under this section shall not be counted as a judge of the Claims Court for purposes of the number of judgeships authorized by section 171 of this title. “(f) (1) A judge shall be entitled to an annuity under this section if the judge elects an annuity under this section by notifying the Director of the Administrative Office of the United States Courts in writing. Such an election— 104 STAT. 5107 “(A) may be made only while an individual is a judge of the Claims Court (except that in the case of an individual who fails to be reappointed as judge at the expiration of a term of office, such election may be made at any time before the day after the day on which his or her successor takes office); and “(B) once made, shall, subject to subsection (k), be irrevocable. “(2) A judge who elects to receive an annuity under this section shall not be entitled to receive— “(A) any annuity to which such judge would otherwise have been entitled under subchapter III of chapter 83, or under chapter 84, of title 5, for service performed as a judge or otherwise; “(B) an annuity or salary in senior status or retirement under section 371 or 372 of this title; “(C) retired pay under section 7447 of the Internal Revenue Code of 1986; or “(D) retired pay under section 4096 of title 38. “(g) For purposes of calculating the years of service of an individual under subsections (a) and (c), only those years of service as a judge of the Claims Court or a commissioner of the United States Court of Claims shall be credited, and that portion of the aggregate number of years of such service that is a fractional part of 1 year shall not be credited if it is less than 6 months, and shall be credited if it is 6 months or more. “(h) An annuity under this section shall be payable at the times and in the same manner as the salary of a Claims Court judge in regular active service. Such annuity shall begin to accrue on the day following the day on which the annuitant’s salary as a judge in regular active service ceases to accrue. “(i) (1) Payments under this section which would otherwise be made to a judge of the Claims Court based upon his or her service shall be paid (in whole or in part) by the Director of the Administrative Office of the United States Courts to another person if and to the extent expressly provided for in the terms of any court decree of divorce, annulment, or legal separation, or the terms of any court order or court-approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation. Any payment under this paragraph to a person bars recovery by any other person. “(2) Paragraph (1) shall apply only to payments made by the Director of the Administrative Office of the United States Courts after the date of receipt by the Director of written notice of such decree, order, or agreement, and such additional information as the Director may prescribe. “(3) As used in this subsection, the term ‘court’ means any court of any State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, or the Virgin Islands, and any Indian tribal court or court of Indian offense. “(j) (1) Subject to paragraph (2), any judge of the Claims Court who retires under this section and who thereafter in the practice of law represents (or supervises or directs the representation of) a client in making any civil claim against the United States or any agency thereof shall forfeit all rights to an annuity under this section for all periods beginning on or after the first day on which he so practices law. 104 STAT. 5108 “(2) If a judge of the Claims Court who retires under this section fails during any calendar year to perform judicial duties required of such judge by subsection (d), such judge shall forfeit all rights to an annuity under this section for the 1-year period which begins on the first day on which he or she so fails to perform such duties. “(3) If a judge of the Claims Court who retires under this section accepts compensation for civil office or employment under the Government of the United States (other than the performance of judicial duties under subsection (d)), such judge shall forfeit all rights to an annuity under this section for the period for which such compensation is received. “(4) (A) If a judge makes an election under this paragraph— “(i) paragraphs (1) and (2) (and subsection (d)) shall not apply to such judge beginning on the date such election takes effect, and “(ii) the annuity payable under this section to such judge, for periods beginning on or after the date such election takes effect, shall be equal to the annuity to which such judge is entitled on the day before such effective date. “(B) An election under subparagraph (A)— “(i) may be made by a judge only if such judge meets the age and service requirements for retirement under subsection (a), “(ii) may be made only during the period during which such judge may make an election to receive an annuity under this section or while the judge is receiving an annuity under this section, and “(iii) shall be filed with the Director of the Administrative Office of the United States Courts. Such an election, once it takes effect, shall be irrevocable. “(C) Any election under this paragraph shall take effect on the first day of the first month following the month in which the election is made. “(k) (1) Notwithstanding subsection (f)(1)(B), an individual who has filed an election under subsection (f) to receive an annuity may revoke such election at any time before the first day on which such annuity 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 thereof in writing with the Director of Administrative Office of the United States Courts. “(3) In the case of any revocation under this subsection— “(A) for purposes of this section, the individual shall be treated as not having filed an election under subsection (f) to receive an annuity, “(B) for purposes of section 376 of this title— “(i) the individual shall be treated as not having filed an election under section 376(a)(1), and “(ii) section 376(g) shall not apply, and the amount credited to such individual’s account (together with interest at 3 percent per annum, compounded on December 31 of each year to the date on which the revocation is filed) shall be returned to such individual, “(C) no credit shall be allowed for any service as a judge of the Claims Court or as a commissioner of the United States Court of Claims unless with respect to such service either there has been deducted and withheld the amount required by chapter 83 or 84 (as the case may be) of title 5 or there has been deposited in the 104 STAT. 5109Civil Service Retirement and Disability Fund an amount equal to the amount so required, with interest, “(D) the Claims 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 under subsection (f), and “(E) if subparagraph (D) is complied with, service on the Claims Court or as a commissioner of the United States Court of Claims shall be treated as service with respect to which deductions and contributions had been made during the period of service. “(l) (1) There is established in the Treasury a fund which shall be known as the ‘Claims Court Judges Retirement Fund’. The Fund is appropriated for the payment of annuities and other payments under this section. “(2) The Secretary of the Treasury shall invest, in interest bearing securities of the United States, such currently available portions of the Claims Court Judges Retirement Fund as are not immediately required for payments from the Fund. The income derived from these investments constitutes a part of the Fund. “(3) (A) There are authorized to be appropriated to the Claims Court Judges Retirement Fund amounts required to reduce to zero the unfunded liability of the Fund. “(B) For purposes of subparagraph (A), the term ‘unfunded liability’ means the estimated excess, determined on an annual basis in accordance with the provisions of section 9503 of title 31, of the present value of all benefits payable from the Claims Court Judges Retirement Fund, over the balance in the Fund as of the date the unfunded liability is determined. In making any determination under this subparagraph, the Comptroller General shall use the applicable information contained in the reports filed pursuant to section 9503 of title 31, with respect to the retirement annuities provided for in this section. “(C) There are authorized to be appropriated such sums as may be necessary to carry out this paragraph.”. (2) The table of sections at the beginning of chapter 7 of title 28, United States Code, is amended by adding at the end the following new item: ”178. Retirement of judges of the Claims Court.”. (b) Judicial Survivors’ Annuities.— Section 376 of title 28, United States Code, is amended as follows: (1) Subsection (a)(1) is amended— (A) by striking out “or” at the end of subparagraph (E); (B) by adding “or” at the end of subparagraph (F); (C) by inserting after subparagraph (F) the following: “(G) a judge of the United States Claims Court;”; (D) by striking out “or (v)” and inserting in lieu thereof “(v)”; and (E) by inserting before the semicolon at the end thereof the following: “, or (vi) the date of the enactment of the Federal Courts Study Committee Implementation Act of 1990, in the case of a full-time judge of the Claims Court in active service on that date”. (2) Subsection (a)(2) is amended— (A) by striking out “and” at the end of subparagraph (E); (d) by adding “and” at the end of subparagraph (F); and 104 STAT. 5110 (C) by adding at the end thereof the following: “(G) in the case of a judge of the United States Claims Court, an annuity paid under section 178 of this title;”. (3) Subsection (b) is amended in the last sentence by striking out “section 377” each place it appears and inserting in each such place “section 178 or 377”. (c) Civil Service Retirement System.— (1) Section 8331 of title 5, United States Code, is amended— (A) by striking out “and” at the end of paragraph (24); (B) by striking out the period at the end of paragraph (25) and inserting in lieu thereof “; and”; and (C) by adding at the end thereof the following new paragraph: “(26) ‘Claims Court judge’ means a judge of the United States Claims Court who is appointed under chapter 7 of title 28 or who has served under section 167 of the Federal Courts Improvement Act of 1982.”. (2) Section 8334 of title 5, United States Code, is amended— (A) in subsection (a)(1), by inserting “a Claims Court judge,” after “Member,”; and (b) in subsection (c), by inserting at the end of the table the following: “Claims Court Judge 2½ August 1, 1920, to June 30, 1926. 3½ July 1, 1926, to June 30, 1942. 5 July 1, 1942, to June 30, 1948. 6 July 1, 1948, to October 31, 1956. 6½ November 1, 1956, to December 31, 1969. 7 January 1, 1970, to September 30, 1988. 8 After September 30, 1988.”. (3) Section 8336(k) of title 5, United States Code, is amended to read as follows: “(k) A bankruptcy judge, United States magistrate, or Claims Court judge who is separated from service, except by removal, after becoming 62 years of age and completing 5 years of civilian service, or after becoming 60 years of age and completing 10 years of service as a bankruptcy judge, United States magistrate, or Claims Court judge, is entitled to an annuity.”. (4) Section 8339(n) of title 5, United States Code, is amended to read as follows: “(n) The annuity of an employee who is a Claims Court judge, bankruptcy judge, or United States magistrate is computed, with respect to service as a Claims Court judge, as a commissioner of the Court of Claims, as a referee in bankruptcy, as a bankruptcy judge, as a United States magistrate, and as a United States commissioner and with respect to the military service of any such individual (not exceeding 5 years) creditable under section 8332 of this title, by multiplying 2½ percent of the individual’s average pay by the years of that service.”. (d) Thrift Savings Plan.— (1) Subchapter III of chapter 84 of title 5, United States Code, is amended by adding at the end thereof the following: 104 STAT. 5111 “§ 8440b. Claims Court judges “(a) (1) A judge of the United States Claims Court who is covered by section 178 of title 28 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) only during a period 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 Claims Court judges who make contributions to the Thrift Savings Fund under subsection (a) of this section. “(2) The amount contributed by a Claims Court judge for any pay period shall not exceed 5 percent of basic pay for such pay period. “(3) No contributions shall be made under section 8432(c) of this title for the benefit of a Claims Court judge making contributions under subsection (a) of this section. “(4) (A) Section 8433(b) of this title applies to a Claims Court 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 section 178 of title 28 (including a disability annuity under subsection (d) of such section). “(B) Section 8433(d) of this title applies to any Claims Court 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 section 178 of title 28. “(5) With respect to Claims Court judges to whom this section applies, retirement under section 178 of title 28 is a separation from service for purposes of this subchapter and subchapter VII. “(6) For purposes of this section, the terms ‘retirement’ and ‘retire’ include removal from office under section 178(c) of title 28 on the sole ground of mental or physical disability. “(7) 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 section 8438(b)(1)(A) of this title. “(8) In the case of a Claims Court judge who receives a distribution from the Thrift Savings Plan and who later receives an annuity under section 178 of title 28, such annuity shall be offset by an amount equal to the amount 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.”. (2) The table of sections at the beginning of chapter 84 of title 5, United States Code, is amended by adding at the end thereof the following: “8440b. Claims Court judges.”. (e) Technical and Conforming Amendments.— (1) (A) Section 402(1) of the Judicial Improvements and Access to Justice Act (102 Stat. 4650) is amended by striking out “redesignating paragraph (18)” and inserting in lieu thereof “redesignating paragraph (19)”. (B) Section 604(a) of title 28, United States Code, (relating to the duties of the Director of the Administrative Office of the United 104 STAT. 5112States Courts), as amended pursuant to the amendment made by subparagraph (A) of this paragraph, is amended— (i) in paragraph (7) by inserting “judges of the United States Claims Court,” after “judges of the United States,”; (ii) by redesignating paragraph (23) as paragraph (24); and (iii) by inserting after paragraph (22) the following: “(23) Regulate and pay annuities to judges of the United States Claims Court in accordance with section 178 of this title; and”. (2) Section 8334(i) of title 5, United States Code, is amended by adding at the end thereof the following new paragraph: “(5) Notwithstanding any other provision of law, a judge of the United States Claims Court who is covered by section 178 of title 28 shall not be subject to deductions and contributions to the Fund if the judge notifies the Director of the Administrative Office of the United States Courts of an election of a retirement annuity under those provisions. Upon such an election, the judge shall be entitled to a lump-sum credit under section 8342(a) of this title.”. (3) Section 8402 of title 5, United States Code, is amended by adding at the end the following new subsection: “(g) A judge of the United States Claims Court who is covered by section 178 of title 28 shall be excluded from the operation of this chapter, other than subchapters III and VII of such chapter if the judge notifies the Director of the Administrative Office of the United States Courts of an election of a retirement annuity under those provisions. Upon such election, the judge shall be entitled to a lump-sum credit under section 8424 of this title.”. (f) Effective Date.— This section and the amendments made by this section shall apply to judges of, and senior judges in active service with, the United States Claims Court on or after the date of the enactment of this Act.