
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC7257]

 
                      TITLE 38--VETERANS' BENEFITS
 
              PART V--BOARDS, ADMINISTRATIONS, AND SERVICES
 
     CHAPTER 72--UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
 
               SUBCHAPTER I--ORGANIZATION AND JURISDICTION
 
Sec. 7257. Recall of retired judges

    (a)(1) A retired judge of the Court may be recalled for further 
service on the Court in accordance with this section. To be eligible to 
be recalled for such service, a retired judge must at the time of the 
judge's retirement provide to the chief judge of the Court (or, in the 
case of the chief judge, to the clerk of the Court) notice in writing 
that the retired judge is available for further service on the Court in 
accordance with this section and is willing to be recalled under this 
section. Such a notice provided by a retired judge is irrevocable.
    (2) For the purposes of this section--
        (A) a retired judge is a judge of the Court of Appeals for 
    Veterans Claims who retires from the Court under section 7296 of 
    this title or under chapter 83 or 84 of title 5; and
        (B) a recall-eligible retired judge is a retired judge who has 
    provided a notice under paragraph (1).

    (b)(1) The chief judge may recall for further service on the Court a 
recall-eligible retired judge in accordance with this section. Such a 
recall shall be made upon written certification by the chief judge that 
substantial service is expected to be performed by the retired judge for 
such period, not to exceed 90 days (or the equivalent), as determined by 
the chief judge to be necessary to meet the needs of the Court.
    (2) A recall-eligible retired judge may not be recalled for more 
than 90 days (or the equivalent) during any calendar year without the 
judge's consent or for more than a total of 180 days (or the equivalent) 
during any calendar year.
    (3) If a recall-eligible retired judge is recalled by the chief 
judge in accordance with this section and (other than in the case of a 
judge who has previously during that calendar year served at least 90 
days (or the equivalent) of recalled service on the court) declines 
(other than by reason of disability) to perform the service to which 
recalled, the chief judge shall remove that retired judge from the 
status of a recall-eligible judge.
    (4) A recall-eligible retired judge who becomes permanently disabled 
and as a result of that disability is unable to perform further service 
on the Court shall be removed from the status of a recall-eligible 
judge. Determination of such a disability shall be made pursuant to 
section 7253(g) or 7296(g) of this title.
    (c) A retired judge who is recalled under this section may exercise 
all of the judicial powers and duties of the office of a judge in active 
service.
    (d)(1) The pay of a recall-eligible retired judge who retired under 
section 7296 of this title is specified in subsection (c) of that 
section.
    (2) A judge who is recalled under this section who retired under 
chapter 83 or 84 of title 5 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.
    (e)(1) Except as provided in subsection (d), a judge who is recalled 
under this section who retired under chapter 83 or 84 of title 5 shall 
be considered to be a reemployed annuitant under that chapter.
    (2) Nothing in this section affects the right of a judge who retired 
under chapter 83 or 84 of title 5 to serve as a reemployed annuitant in 
accordance with the provisions of title 5.

(Added Pub. L. 106-117, title X, Sec. 1021(a), Nov. 30, 1999, 113 Stat. 
1590.)

                  Section Referred to in Other Sections

    This section is referred to in sections 7296, 7299 of this title.
