Page:United States Statutes at Large Volume 113 Part 3.djvu/72

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113 STAT. 1590 PUBLIC LAW 106-117—NOV. 30, 1999 (6) The service as a judge of the Court under this subsection of a person who makes an election provided for under paragraph (4)(B) shall constitute creditable service toward the judge's years of judicial service for purposes of section 7297 of title 38, United States Code, with such service creditable at a rate equal to the rate at which such service would be creditable for such purposes if served by a judge of the Court under chapter 72 of that title. For purposes of subsection (k)(3) of that section, the average annual pay for such service shall be the sum of the judge's retired pay and the amount paid under paragraph (3) of this subsection. (7) In the case of such a person who makes an election provided for under paragraph (4)(B), upon the termination of the service of that person as a judge of the Court under this subsection, the retired pay of that person under subsection (g) shall be recomputed to reflect the additional period of service served under this subsection. (1) TREATMENT OF POLITICAL PARTY MEMBERSHIP. —For purposes of determining compliance with the last sentence of section 7253(b) of title 38, United States Code, the political party membership of a judge serving on the Court under subsection (j) shall not be taken into account. 38 USC 7296 SEC. 1012. MODIFIED TERMS FOR NEXT TWO JUDGES APPOINTED TO note THE COURT. (a) MODIFIED TERMS. — The term of office of the first two judges appointed to the Court after the date of the enactment of this Act shall be 13 years (rather than the period specified in section 7253(c) of title 38, United States Code). (b) ELIGIBILITY FOR RETIREMENT.— (1) For purposes of determining the eligibility to retire under section 7296 of title 38, United States Code, of the two judges of the Court whose term of office is determined under subsection (a)— Applicability. (A) the age and service requirements in the table in paragraph (2) shall apply to those judges rather than the otherwise applicable age and service requirements specified in the table in subsection (b)(1) of that section; and (B) the minimum years of service applicable to those judges for eligibility to retire under the first sentence of subsection (b)(2) of that section shall be 13 years instead of 15 years. (2) The age and service requirements in this paragraph are as follows: The judge has attained age: And the years of service as a judge are at least 65 13 66 13 67 13 68 12 69 11 70 10. Subtitle B—Other Matters Relating to Retired Judges SEC. 1021. RECALL OF RETIRED JUDGES. (a) AUTHORITY TO RECALL RETIRED JUDGES. —Chapter 72 is amended by inserting after section 7256 the following new section: