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:
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