12 2 STA T .4 1 78PUBLIC LA W 11 0–3 8 9—O CT. 10 , 2008 recal l st at u su nd er su b sect io n ( b ) ( 4 )o f t h at section b y reason of disability , the retired p ay of the j ud g e shall be the pay of a judge of the court .‘ ‘(ii) I n the case of a judge w hoattheti m e of retirement did not pro v ide notice under section 725 7 of this title of avail - ability for service in a recalled status, the retired pay of the judge shall be the rate of pay applicable to that judge at the time of retirement. ‘‘(iii) In the case of a judge who was a recall-eligible retired judge under section 7257 of this title and was removed from recall status under subsection (b)( 3 ) of that section, the retired pay of the judge shall be the pay of the judge at the time of the removal from recall status. ’ ’. (2) COST -O F - LIV I NGADJU ST ME NT FO R RETIRED P A Y OF NE W JUDGES W H OARERE C ALL-ELIGI B LE. —S ection 72 96 (f)(3)( A )is amended by stri k ing ‘‘paragraph (2) of subsection (c)’’ and inserting ‘‘paragraph ( 1 )(A)(i) or (2) of subsection (c)’’. (3) P AY DURING PERIOD OF RECALL.—Subsection (d) of sec- tion 7257 is amended to read as follows
‘‘(d)(1) T he pay of a recall-eligible retired judge to whom section 7296(c)(1)( B ) of this title applies is the pay specified in that section. ‘‘(2) A judge who is recalled under this section who retired under chapter 8 3 or 84 of title 5 or to whom section 7296(c)(1)(A) of this title applies shall be paid, during the period for which the judge serves in recall status, pay at the rate of pay in effect under section 7253(e) of this title for a judge performing active service, less the amount of the judge’s annuity under the applicable provisions of chapter 83 or 84 of title 5 or the judge’s annuity under section 7296(c)(1)(A) of this title, whichever is applicable.’’. (4) N OTICE.—The last sentence of section 7257(a)(1) is amended to read as follows: ‘‘Such a notice provided by a retired judge to whom section 7296(c)(1)(B) of this title applies is irrevocable.’’. (c) L IMITATION ON INVOLUNTARY R ECALLS.—Section 7257(b)(3) is amended by adding at the end the following new sentence: ‘‘This paragraph shall not apply to a judge to whom section 7296(c)(1)(A) or 7296(c)(1)(B) of this title applies and who has, in the aggregate, served at least five years of recalled service on the Court under this section.’’. SEC.604 . AN N U A LR E PO R T SON W OR K LOA D O F T H EUN I TED STATES COURT OF APPEALS FOR V ETERANS CLAI M S. (a) IN G ENERAL.—Subchapter III of chapter 72 is amended by adding at the end the following new section: ‘ ‘ §728 8 .An n ualrepo r t ‘‘(a) IN GENERAL.—The chief judge of the Court shall submit to the appropriate committees of Congress each year a report summari z ing the workload of the Court for the fiscal year ending during the preceding year. ‘‘(b) E LEMENTS.—Each report under subsection (a) shall include, with respect to the fiscal year covered by such report, the following information: ‘‘(1) The number of appeals filed with the Court. ‘‘(2) The number of petitions filed with the Court. ‘‘(3) The number of applications filed with the Court under section 2412 of title 28. 38USC7296.
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