28 U.S.C. § 178 — Retirement of judges of the Court of Federal Claims

(a) Judges of the U.S. Court of Federal Claims can retire with a full annuity once they reach certain ages and years of service (subject to (f)): age 65 with 15 years served, 66 with 14, 67 with 13, 68 with 12, 69 with 11, or 70 with 10. Once retired this way, the judge gets an annuity for the rest of their life. It equals the salary paid to active Court of Federal Claims judges. (b) A judge who is not reappointed when their term ends, and who retires at the end of that term, can get the same full annuity (subject to (f)) if two things are true: (1) the judge served at least one full term on the court, and (2) between 9 and 6 months before the term ended, the judge told the President in writing that they were willing to be reappointed. (c) A judge who has served at least 5 years on the court and who retires — or is removed — only because of mental or physical disability gets an annuity (subject to (f)): (1) equal to 50% of active judges' salary, if the judge served less than 10 years before retiring; or (2) equal to the full active salary, if the judge served at least 10 years. (d) The chief judge of the Court of Federal Claims can call a judge who retired under (a) or (b) back to perform judicial duties, for whatever period the chief judge asks. Two limits apply: (1) without the retired judge's consent, this can't add up to more than 90 days in one calendar year; and (2) the retired judge is excused during any period when illness or disability prevents the work. Anything the retired judge does or fails to do while serving this way counts the same as if an active judge had done it. The retired judge also gets travel and other official expense allowances, just like an active judge. (e) (1) A judge who retires under (a) or (b) is called a "senior judge." (2) A retired judge does not count toward the total number of judgeships the court is allowed to have under section 171. (f) (1) A judge only gets an annuity under this section if they formally elect it — by notifying the Director of the Administrative Office of the United States Courts in writing. This election: (A) can normally be made only while the judge is still serving (except that a judge who isn't reappointed can still elect up until the day after their successor takes office); and (B) once made, is irrevocable, except as allowed under (k). (2) A judge who elects this annuity gives up: (A) any annuity they would otherwise get for judicial or other federal service under the regular federal civil-service retirement systems (chapter 83 or chapter 84, with some exceptions, of title 5); (B) any senior-status annuity or salary under sections 371 or 372 of this title; (C) retired pay under section 7447 of the tax code; or (D) retired pay under section 7296 of title 38. (g) When counting years of service for (a) and (c), only years served as a Court of Federal Claims judge or as a commissioner of the old U.S. Court of Claims count. A partial year under 6 months doesn't count; 6 months or more counts as a full year. (h) The annuity is paid on the same schedule and in the same way as an active judge's salary. It starts building up the day after the judge's active salary stops. (i) (1) Instead of going to the retired judge, annuity payments can be redirected — in whole or in part — to another person if a divorce, annulment, or legal separation decree (or a related court order or property settlement) says so. Once paid to that person, no one else can claim the same payment. (2) This only applies to payments made after the Director gets written notice of the decree, order, or agreement, plus any other information the Director requires. (3) "Court" here means any court of a state, the District of Columbia, Puerto Rico, Guam, the Northern Mariana Islands, or the Virgin Islands, as well as any tribal or Indian-offense court. (j) A retired judge can lose their annuity rights in three situations, unless they've made the election described in (4): (1) If, after retiring, the judge practices law and represents — or supervises someone representing — a client in a civil claim against the United States or a federal agency, they forfeit the annuity for as long as they keep doing that. (2) If the judge fails during a calendar year to perform judicial duties requested under (d), they forfeit the annuity for the following year. (3) If the judge accepts paid federal civil office or employment (other than judicial duties under (d)), they forfeit the annuity for as long as they hold that paid position. (4) A judge who meets the age and service rules in (a) can instead elect, in writing to the Director, to opt out of forfeiture rules (1), (2), and duty requirement (d) — but their annuity then gets locked at the amount it was the day before the election took effect. This election must be filed with the Director, can only be made during the window for electing the annuity or while receiving it, and is irrevocable once it takes effect on the first day of the next month. (k) (1) A judge who elected the annuity under (f) can still revoke that election, but only before the annuity would start being paid. (2) The revocation must be filed in writing with the Director. (3) If a judge revokes: (A) they're treated as never having elected the annuity; (B) for purposes of section 376 of this title, they're treated as not having made that election, section 376(g) no longer applies, and the money in their retirement account — plus 3% yearly compounded interest — is returned to them; (C) no service credit counts unless the required retirement contributions (under chapter 83 or 84 of title 5) were actually withheld or deposited; (D) the Court of Federal Claims must deposit into the Civil Service Retirement and Disability Fund the extra amount it would have contributed if not for the election; and (E) once (D) is done, the judge's service is treated as if normal contributions had been made all along. (l) (1) The law creates the "Court of Federal Claims Judges Retirement Fund" in the U.S. Treasury, which Congress has appropriated to pay annuities and other benefits under this section. (2) The Treasury Secretary must invest any money in the fund that isn't needed right away, in interest-bearing U.S. government securities; the interest earned becomes part of the fund. (3)(A) Congress may appropriate whatever money is needed to bring the fund's "unfunded liability" down to zero. (B) "Unfunded liability" means the estimated shortfall — figured each year under section 9503 of title 31 — between the fund's expected future benefit payments and the money actually in the fund. The Comptroller General uses the reports filed under that section to make this determination. (C) Congress may appropriate whatever sums are necessary to carry this out.