§ 7447. Retirement
(a)
Definitions
For purposes of this section—
(b)
Retirement
(2)
Any judge who meets the age and service requirements set forth in the following table may retire:
And the years
of service as
The judge has
a judge are
attained age:
at least:
65
15
66
14
67
13
68
12
69
11
70
10.
(3)
Any judge who is not reappointed following the expiration of the term of his office may retire upon the completion of such term, if
(B)
not earlier than 9 months preceding the date of the expiration of the term of his office and not later than 6 months preceding such date, he advised the President in writing that he was willing to accept reappointment to the Tax Court.
(c)
Recalling of retired judges
At or after his retirement, any individual who has elected to receive retired pay under subsection (d) may be called upon by the chief judge of the Tax Court to perform such judicial duties with the Tax Court as may be requested of him for any period or periods specified by the chief judge; except that in the case of any such individual—
(1)
the aggregate of such periods in any one calendar year shall not (without his consent) exceed 90 calendar days; and
(2)
he shall be relieved of performing such duties during any period in which illness or disability precludes the performance of such duties.
Any act, or failure to act, by an individual performing judicial duties pursuant to this subsection shall have the same force and effect as if it were the act (or failure to act) of a judge of the Tax Court; but any such individual shall not be counted as a judge of the Tax Court for purposes of section
7443
(a). Any individual who is performing judicial duties pursuant to this subsection shall be paid the same compensation (in lieu of retired pay) and allowances for travel and other expenses as a judge.
(d)
Retired pay
Any individual who—
(1)
retires under paragraph (1), (2), or (3) of subsection (b) and elects under subsection (e) to receive retired pay under this subsection shall receive retired pay during any period at a rate which bears the same ratio to the rate of the salary payable to a judge during such period as the number of years he has served as judge bears to 10; except that the rate of such retired pay shall not be more than the rate of such salary for such period; or
(2)
retires under paragraph (4) of subsection (b) and elects under subsection (e) to receive retired pay under this subsection shall receive retired pay during any period at a rate—
(A)
equal to the rate of the salary payable to a judge during such period if before he retired he had served as a judge not less than 10 years; or
(B)
one-half of the rate of the salary payable to a judge during such period if before he retired he had served as a judge less than 10 years.
Such retired pay shall begin to accrue on the day following the day on which his salary as judge ceases to accrue, and shall continue to accrue during the remainder of his life. Retired pay under this subsection shall be paid in the same manner as the salary of a judge. In computing the rate of the retired pay under paragraph (1) of this subsection for any individual who is entitled thereto, that portion of the aggregate number of years he has served as a judge which is a fractional part of 1 year shall be eliminated if it is less than 6 months, or shall be counted as a full year if it is 6 months or more. In computing the rate of the retired pay under paragraph (1) of this subsection for any individual who is entitled thereto, any period during which such individual performs services under subsection (c) on a substantially full-time basis shall be treated as a period during which he has served as a judge.
(e)
Election to receive retired pay
Any judge may elect to receive retired pay under subsection (d). Such an election—
(1)
may be made only while an individual is a judge (except that in the case of an individual who fails to be reappointed as judge at the expiration of a term of office, it may be made at any time before the day after the day on which his successor takes office);
(3)
in the case of any judge other than the chief judge, shall be made by filing notice thereof in writing with the chief judge; and
(4)
in the case of the chief judge, shall be made by filing notice thereof in writing with the Office of Personnel Management.
The chief judge shall transmit to the Office of Personnel Management a copy of each notice filed with him under this subsection.
(f)
Retired pay affected in certain cases
In the case of an individual for whom an election to receive retired pay under subsection (d) is in effect—
(1)
1-year forfeiture for failure to perform judicial duties
If such individual during any calendar year fails to perform judicial duties required of him by subsection (c), such individual shall forfeit all rights to retired pay under subsection (d) for the 1-year period which begins on the 1st day on which he so fails to perform such duties.
(2)
Permanent forfeiture of retired pay where certain non-Government services performed
If such individual performs (or supervises or directs the performance of) legal or accounting services in the field of Federal taxation for his client, his employer, or any of his employer’s clients, such individual shall forfeit all rights to retired pay under subsection (d) for all periods beginning on or after the 1st day on which he engages in any such activity. The preceding sentence shall not apply to any civil office or employment under the Government of the United States.
(3)
Suspension of retired pay during period of compensated Government service
If such individual accepts compensation for civil office or employment under the Government of the United States (other than the performance of judicial duties pursuant to subsection (c)), such individual shall forfeit all rights to retired pay under subsection (d) for the period for which such compensation is received.
(4)
Forfeitures of retired pay under paragraphs (1) and (2) not to apply where individual elects to freeze amount of retired pay
(A)
In general
If any individual makes an election under this paragraph—
(B)
Election
An election under this paragraph—
(i)
may be made by an individual only if such individual meets the age and service requirements for retirement under paragraph (2) of subsection (b),
(ii)
may be made only during the period during which the individual may make an election to receive retired pay or while the individual is receiving retired pay, and
Such an election, once it takes effect, shall be irrevocable.
(g)
Coordination with civil service retirement
(1)
General rule
Except as otherwise provided in this subsection, the provisions of the civil service retirement laws (including the provisions relating to the deduction and withholding of amounts from basic pay, salary, and compensation) shall apply in respect of service as a judge (together with other service as an officer or employee to whom such civil service retirement laws apply) as if this section had not been enacted.
(2)
Effect of electing retired pay
In the case of any individual who has filed an election to receive retired pay under subsection (d)—
(A)
no annuity or other payment shall be payable to any person under the civil service retirement laws with respect to any service performed by such individual (whether performed before or after such election is filed and whether performed as judge or otherwise);
(h)
Retirement for disability
(1)
Any judge who becomes permanently disabled from performing his duties shall certify to the President his disability in writing. If the chief judge retires for disability, his retirement shall not take effect until concurred in by the President. If any other judge retires for disability, he shall furnish to the President a certificate of disability signed by the chief judge.
(2)
Whenever any judge who becomes permanently disabled from performing his duties does not retire and the President finds that such judge is unable to discharge efficiently all the duties of his office by reason of permanent mental or physical disability and that the appointment of an additional judge is necessary for the efficient dispatch of business, the President shall declare such judge to be retired.
(i)
Revocation of election to receive retired pay
(1)
In general
Notwithstanding subsection (e)(2), an individual who has filed an election to receive retired pay under subsection (d) may revoke such election at any time before the first day on which retired pay (or compensation under subsection (c) in lieu of retired pay) would (but for such revocation) begin to accrue with respect to such individual.
(2)
Manner of revoking
Any revocation under this subsection shall be made by filing a notice thereof in writing with the Civil Service Commission. The Civil Service Commission shall transmit to the chief judge a copy of each notice filed under this subsection.
(3)
Effect of revocation
In the case of any revocation under this subsection—
(A)
for purposes of this section, the individual shall be treated as not having filed an election to receive retired pay under subsection (d),
(B)
for purposes of section
7448—
(ii)
section
7448
(g) shall not apply, and the amount credited to such individual’s account (together with interest at 4 percent per annum to December 31, 1947, and 3 percent per annum thereafter, compounded on December 31 of each year to the date on which the revocation is filed) shall be returned to such individual,
(C)
no credit shall be allowed for any service as a judge of the Tax Court unless with respect to such service either there has been deducted and withheld the amount required by the civil service retirement laws or there has been deposited in the Civil Service Retirement and Disability Fund an amount equal to the amount so required, with interest,
(j)
Thrift Savings Plan
(3)
Special rules
(C)
Applicability of section
8433
(b) of title
5 whether or not judge retires
Section
8433
(b) of title
5, United States Code, applies with respect to a judge who makes an election under paragraph (1) and who either—
Retirement under subsection (b) is a separation from service for purposes of subchapters III and VII of chapter 84 of that title.
(E)
Exception
Notwithstanding subparagraph (C), if any judge retires under this section, or resigns without having met the age and service requirements set forth under subsection (b)(2), and such judge’s nonforfeitable account balance is less than an amount that the Executive Director of the Federal Retirement Thrift Investment Board prescribes by regulation, the Executive Director shall pay the nonforfeitable account balance to the participant in a single payment.