PUBLIC LAW 106-117—NOV. 30, 1999 113 STAT. 1589 (i) ADJUSTMENTS IN RETIRED PAY FOR JLFDGES AVAILABLE FOR Applicability. RECALL.— Subject to section 7296(f)(3)(B) of title 38, United States Code, an adjustment provided by law in annuities payable under civil service retirement laws shall apply to retired pay under this section in the case of a judge who is a recall-eligible retired judge under section 7257 of such title or who was a recall-eligible retired judge under that section and was removed from recall status under subsection (b)(4) of that section by reason of disability. (j) DUTY OF ACTUARY. — Section 7298(e)(2) is amended— (1) by redesignating subparagraph (C) as subparagraph (D); and (2) by inserting after subparagraph (B) the following new subparagraph: "(C) For purposes of subparagraph (B), the term 'present value' includes a value determined by an actuary with respect to a pay- ment that may be made under subsection (b) from the retirement fund within the contemplation of law.". (k) TRANSITIONAL SERVICE OF JUDGE RETIRED UNDER THIS SECTION.—(1) A judge who retires under this section shall continue to serve on the Court during the period beginning on the effective date of the judge's retirement under subsection (e) and ending on the earlier of— (A) the date on which a person is appointed to the position on the Court vacated by the judge's retirement; and (B) the date on which the judge's original appointment to the court would have expired. (2) Subsections (f) and (g) of section 7253 of title 38, United Applicability. States Code, shall apply with respect to the service of a judge on the Court under this section. (3) Notwithstanding any other provision of law, a person whose service as a judge of the Court continues under this section shall be paid for the period of service under this subsection at the rate that is the difference between the current rate of pay for a judge of the Court and the rate of the judge's retired pay under subsection (g). (4) Amounts paid under paragraph (3)— (A) shall not be treated as— (i) compensation for employment with the United States for purposes of section 7296(e) of title 38, United States Code, or any provision of title 5, United States Code, relating to the receipt or forfeiture of retired pay or retirement annuities by a person accepting compensation for emplo3maent with the United States; or (ii) pay for purposes of deductions or contributions for or on behalf of the person to retired pay under subchapter V of chapter 72 of title 38, United States Code, or under chapter 83 or 84 of title 5, United States Code, as applicable; but (B) may, at the election of the person, be treated as pay for purposes of deductions or contributions for or on behalf of the person to a retirement or other annuity, or both, under subchapter V of chapter 72 of title 38, United States Code, or under chapter 83 or 84 of title 5, United States Code, as applicable. (5) Amounts paid under paragraph (3) shall be derived from amounts available for payment of salaries jand benefits of judges of the Court.
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