
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC7298]

 
                      TITLE 38--VETERANS' BENEFITS
 
              PART V--BOARDS, ADMINISTRATIONS, AND SERVICES
 
     CHAPTER 72--UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
 
            SUBCHAPTER V--RETIREMENT AND SURVIVORS ANNUITIES
 
Sec. 7298. Retirement Fund

    (a) There is established in the Treasury a fund known as the Court 
of Appeals for Veterans Claims Retirement Fund.
    (b) Amounts in the fund are available for the payment of judges' 
retired pay under section 7296 of this title and of annuities, refunds, 
and allowances under section 7297 of this title.
    (c) Amounts deposited by, or deducted and withheld from the salary 
and retired pay of, a judge under section 7296 or 7297 of this title 
shall be deposited in the fund and credited to an individual account of 
the judge.
    (d) The chief judge of the Court of Appeals for Veterans Claims 
shall submit to the President an annual estimate of the expenditures and 
appropriations necessary for the maintenance and operation of the fund, 
and such supplemental and deficiency estimates as may be required from 
time to time for the same purposes, according to law.
    (e)(1) The chief judge may cause periodic examinations of the 
retirement fund to be made by an actuary, who may be an actuary employed 
by another department of the Government temporarily assigned for the 
purpose.
    (2)(A) Subject to the availability of appropriations, there shall be 
deposited in the Treasury to the credit of the retirement fund, not 
later than the close of each fiscal year, such amounts as may be 
required to reduce to zero the unfunded liability (if any) of the fund. 
Such deposits shall be taken from sums available for that fiscal year 
for the payment of the expenses of the Court.
    (B) For purposes of subparagraph (A) of this paragraph, the term 
``unfunded liability'', with respect to any fiscal year, means the 
amount estimated by the chief judge to be equal to the excess (as of the 
close of that fiscal year) of--
        (i) the present value of all benefits payable from the fund 
    (determined on an annual basis in accordance with section 9503 of 
    title 31), over
        (ii) the sum of--
            (I) the present values of future deductions under sections 
        7296(i) and 7297(c) of this title and future deposits under 
        sections 7296(j) and 7296(d) of this title, and
            (II) the balance in the fund as of the close of the fiscal 
        year.

    (C) For purposes of subparagraph (B), the term ``present value'' 
includes a value determined by an actuary with respect to a payment that 
may be made under subsection (b) from the retirement fund within the 
contemplation of law.
    (D) Amounts deposited in the retirement fund under this paragraph 
shall not be credited to the account of any individual.
    (f) The Secretary of the Treasury shall invest from time to time, in 
interest-bearing securities of the United States, such portions of the 
retirement fund as in such Secretary's judgment may not be immediately 
required for payments from the fund. The income derived from such 
investments shall constitute a part of the fund.
    (g) For purpose of section 255(g)(1)(B) of the Balanced Budget and 
Emergency Deficit Control Act of 1985 (2 U.S.C. 905(g)(1)(B)), the 
retirement fund shall be treated in the same manner as the Claims 
Judges' Retirement Fund.

(Added Pub. L. 101-94, title I, Sec. 101(a), Aug. 16, 1989, 103 Stat. 
625, Sec. 4098; renumbered Sec. 7298 and amended Pub. L. 102-40, title 
IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 
105-368, title V, Secs. 502, 512(a)(1), (2)(C), Nov. 11, 1998, 112 Stat. 
3340, 3341; Pub. L. 106-117, title X, Sec. 1011(j), Nov. 30, 1999, 113 
Stat. 1589.)


                               Amendments

    1999--Subsec. (e)(2)(C), (D). Pub. L. 106-117 added subpar. (D) and 
redesignated former subpar. (C) as (D).
    1998--Pub. L. 105-368, Sec. 512(a)(2)(C), struck out ``Court of 
Veterans Appeals'' before ``Retirement Fund'' in section catchline.
    Subsecs. (a), (d). Pub. L. 105-368, Sec. 512(a)(1), substituted 
``Court of Appeals for Veterans Claims'' for ``Court of Veterans 
Appeals''.
    Subsec. (g). Pub. L. 105-368, Sec. 502, added subsec. (g).
    1991--Pub. L. 102-40, Sec. 402(b)(1), renumbered section 4098 of 
this title as this section.
    Subsecs. (b), (c). Pub. L. 102-40, Sec. 402(d)(1), substituted 
``7296'' for ``4096'' and ``7297'' for ``4097''.
    Subsec. (e)(2)(B)(ii)(I). Pub. L. 102-40, Sec. 402(d)(1), 
substituted ``7296(i) and 7297(c)'' for ``4096(i) and 4097(c)'' and 
``7296(j) and 7296(d)'' for ``4096(j) and 4096(d)''.


                    Effective Date of 1998 Amendment

    Amendment by section 512(a)(1), (2)(C) of Pub. L. 105-368 effective 
on first day of first month beginning more than 90 days after Nov. 11, 
1998, see section 513 of Pub. L. 105-368, set out as a note under 
section 7251 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 7297 of this title.
