
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC8440c]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart G--Insurance and Annuities
 
            CHAPTER 84--FEDERAL EMPLOYEES' RETIREMENT SYSTEM
 
                   SUBCHAPTER III--THRIFT SAVINGS PLAN
 
Sec. 8440c. Court of Federal Claims judges

    (a)(1) A judge of the United States Court of Federal Claims who is 
covered by section 178 of title 28 may elect to contribute an amount of 
such individual's basic pay to the Thrift Savings Fund.
    (2) An election may be made under paragraph (1) only during a period 
provided under section 8432(b) for individuals subject to this chapter.
    (b)(1) Except as otherwise provided in this subsection, the 
provisions of this subchapter and subchapter VII shall apply with 
respect to Court of Federal Claims judges who make contributions to the 
Thrift Savings Fund under subsection (a) of this section.
    (2) The amount contributed by a Court of Federal Claims judge for 
any pay period shall not exceed the maximum percentage of such judge's 
basic pay for such pay period allowable under section 8440f.
    (3) No contributions shall be made under section 8432(c) of this 
title for the benefit of a Court of Federal Claims judge making 
contributions under subsection (a) of this section.
    (4)(A) Section 8433(b) of this title applies to a Court of Federal 
Claims judge who elects to make contributions to the Thrift Savings Fund 
under subsection (a) of this section and who retires entitled to an 
annuity under section 178 of title 28 (including a disability annuity 
under subsection (c) of such section).
    (B) Section 8433(b) of this title applies to any Court of Federal 
Claims judge who elects to make contributions to the Thrift Savings Fund 
under subsection (a) of this section and who retires before becoming 
entitled to an annuity under section 178 of title 28.
    (5) With respect to Court of Federal Claims judges to whom this 
section applies, any of the actions described in paragraph (4)(A) or (B) 
shall be considered a separation from service for purposes of this 
subchapter and subchapter VII.
    (6) For purposes of this section, the terms ``retirement'' and 
``retire'' include removal from office under section 178(c) of title 28 
on the sole ground of mental or physical disability.
    (7) In the case of a Court of Federal Claims judge who receives a 
distribution from the Thrift Savings Plan and who later receives an 
annuity under section 178 of title 28, such annuity shall be offset by 
an amount equal to the amount of the distribution which represents the 
Government's contribution to that person's Thrift Savings Account, 
without regard to earnings attributable to that amount. Where such an 
offset would exceed 50 percent of the annuity to be received in the 
first year, the offset may be divided equally over the first 2 years in 
which that person receives the annuity.
    (8) Notwithstanding paragraph (4), if any Court of Federal Claims 
judge retires under circumstances making such judge eligible to make an 
election under section 8433(b), and such judge's nonforfeitable account 
balance is less than an amount that the Executive Director prescribes by 
regulation, the Executive Director shall pay the nonforfeitable account 
balance to the participant in a single payment.

(Added Pub. L. 101-650, title III, Sec. 306(d)(1), Dec. 1, 1990, 104 
Stat. 5110, Sec. 8440b; renumbered Sec. 8440c and amended Pub. L. 102-
198, Sec. 7(c)(1), Dec. 9, 1991, 105 Stat. 1624; Pub. L. 102-572, title 
IX, Sec. 902(b), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 103-226, 
Sec. 9(g), Mar. 30, 1994, 108 Stat. 121; Pub. L. 104-208, div. A, title 
I, Sec. 101(f) [title VI, Sec. 659 [title II, Sec. 205(c)]], Sept. 30, 
1996, 110 Stat. 3009-314, 3009-372, 3009-378; Pub. L. 106-554, 
Sec. 1(a)(4) [div. B, title I, Sec. 138(a)(4)], Dec. 21, 2000, 114 Stat. 
2763, 2763A-233.)

                          Codification

    Another section 8440c was renumbered section 8440d of this title.


                               Amendments

    2000--Subsec. (b)(2). Pub. L. 106-554 substituted ``the maximum 
percentage of such judge's basic pay for such pay period allowable under 
section 8440f.'' for ``5 percent of basic pay for such pay period.''
    1996--Subsec. (b)(7). Pub. L. 104-208, Sec. 101(f) [title VI, 
Sec. 659 [title II, Sec. 205(c)(1)]], inserted ``of the distribution'' 
after ``equal to the amount''.
    Subsec. (b)(8). Pub. L. 104-208, Sec. 101(f) [title VI, Sec. 659 
[title II, Sec. 205(c)(2)]], substituted ``less than an amount that the 
Executive Director prescribes by regulation'' for ``$3,500 or less'' and 
struck out ``unless the judge elects, at such time and otherwise in such 
manner as the Executive Director prescribes, one of the options 
available under section 8433(b)'' before period at end.
    1994--Subsec. (b)(4)(B). Pub. L. 103-226, Sec. 9(g)(1), substituted 
``Section 8433(b)'' for ``Section 8433(d)''.
    Subsec. (b)(5). Pub. L. 103-226, Sec. 9(g)(2), substituted ``any of 
the actions described in paragraph (4)(A) or (B) shall be considered'' 
for ``retirement under section 178 of title 28 is''.
    Subsec. (b)(8), (9). Pub. L. 103-226, Sec. 9(g)(3), (4), 
redesignated par. (9) as (8), substituted ``Notwithstanding paragraph 
(4)'' for ``Notwithstanding paragraph (4)(A)'', and struck out former 
par. (8) which read as follows: ``Notwithstanding paragraph (4)(B), if 
any Court of Federal Claims judge who elects to make contributions to 
the Thrift Savings Fund under subsection (a) retires before becoming 
entitled to an annuity under section 178 of title 28, and such judge's 
nonforfeitable account balance is $3,500 or less, the Executive Director 
shall pay the nonforfeitable account balance to the participant in a 
single payment unless the judge elects, at such time and otherwise in 
such manner as the Executive Director prescribes, to have the 
nonforfeitable account balance transferred to an eligible retirement 
plan as provided in section 8433(e).''
    1992--Pub. L. 102-572, Sec. 902(b)(2), substituted ``Court of 
Federal Claims'' for ``Claims Court'' in section catchline.
    Subsec. (a)(1). Pub. L. 102-572, Sec. 902(b)(1), substituted 
``United States Court of Federal Claims'' for ``United States Claims 
Court''.
    Subsec. (b)(1) to (5), (7) to (9). Pub. L. 102-572, Sec. 902(b)(2), 
substituted ``Court of Federal Claims'' for ``Claims Court'' wherever 
appearing.
    1991--Pub. L. 102-198, Sec. 7(c)(1)(A), renumbered section 8440b of 
this title as this section.
    Subsec. (b)(4)(A). Pub. L. 102-198, Sec. 7(c)(1)(B)(i), substituted 
``subsection (c)'' for ``subsection (d)''.
    Subsec. (b)(7). Pub. L. 102-198, Sec. 7(c)(1)(B)(ii), redesignated 
par. (8) as (7) and struck out former par. (7) which read as follows: 
``Sums contributed pursuant to this section by Claims Court judges, as 
well as all previous contributions to the Thrift Savings Fund by those 
judges, and earnings attributable to such sums and contributions, may be 
invested and reinvested only in the Government Securities Investment 
Fund established under section 8438(b)(1)(A) of this title.''
    Subsec. (b)(8). Pub. L. 102-198, Sec. 7(c)(1)(B)(ii), (iii) added 
par. (8) and redesignated former par. (8) as (7).
    Subsec. (b)(9). Pub. L. 102-198, Sec. 7(c)(1)(B)(iii), added par. 
(9).


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-208 effective Sept. 30, 1996, and 
withdrawals and elections as provided under such amendment to be made at 
earliest practicable date as determined by Executive Director in 
regulations, see section 101(f) [title VI, Sec. 659 [title II, 
Sec. 207]] of Pub. L. 104-208, set out as a note under section 5545a of 
this title.


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-226 effective Mar. 10, 1995, see section 
9(j) of Pub. L. 103-226, set out as a note under section 8351 of this 
title.


                    Effective Date of 1992 Amendment

    Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section 
911 of Pub. L. 102-572, set out as a note under section 171 of Title 28, 
Judiciary and Judicial Procedure.


                    Effective Date of 1991 Amendment

    Section 7(c)(3) of Pub. L. 102-198, as amended by Pub. L. 102-572, 
title IX, Sec. 902(b)(2), Oct. 29, 1992, 106 Stat. 4516, provided that: 
``Paragraphs (8) and (9) of section 8440c(b) of title 5, United States 
Code (as added by paragraph (1)) shall be effective as of January 1, 
1991, and shall apply to any Court of Federal Claims judge retiring on 
or after such date.''


                             Effective Date

    Section applicable to judges of, and senior judges in active service 
with, the United States Court of Federal Claims on or after Dec. 1, 
1990, see section 306(f) of Pub. L. 101-650, set out as an Effective 
Date of 1990 Amendment note under section 8331 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 8432 of this title.
