
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC8440d]

 
             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. 8440d. Judges of the United States Court of Appeals for 
        Veterans Claims
        
    (a)(1) A judge of the United States Court of Appeals for Veterans 
Claims may elect to contribute to the Thrift Savings Fund.
    (2) An election may be made under paragraph (1) only during a period 
provided under section 8432(b) of this title for individuals subject to 
this chapter.
    (b)(1) Except as otherwise provided in this subsection, the 
provisions of this subchapter and subchapter VII of this chapter shall 
apply with respect to a judge making contributions to the Thrift Savings 
Fund.
    (2) The amount contributed by a judge of the United States Court of 
Appeals for Veterans Claims for any pay period may not exceed the 
maximum percentage of such judge's basic pay for such pay period 
allowable under section 8440f. Basic pay does not include any retired 
pay paid pursuant to section 7296 of title 38.
    (3) No contributions may be made for the benefit of a judge under 
section 8432(c) of this title.
    (4) Section 8433(b) of this title applies with respect to a judge 
who elects to make contributions to the Thrift Savings Fund and retires 
under section 7296(b) of title 38.
    (5) Section 8433(b) of this title applies in the case of a judge who 
elects to make contributions to the Thrift Savings Fund and thereafter 
ceases to serve as a judge of the United States Court of Appeals for 
Veterans Claims but does not retire under section 7296(b) of title 38.
    (6) The provisions of section 8351(b)(7) \1\ of this title shall 
apply with respect to a judge who has elected to contribute to the 
Thrift Savings Fund under this section.
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    \1\ See References in Text note below.
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(Added Pub. L. 102-82, Sec. 5(a)(1), Aug. 6, 1991, 105 Stat. 376, 
Sec. 8440c; renumbered Sec. 8440d, Pub. L. 102-198, Sec. 7(c)(4)(A), 
Dec. 9, 1991, 105 Stat. 1625, as amended by Pub. L. 102-378, 
Sec. 5(d)(1), Oct. 2, 1992, 106 Stat. 1358; amended Pub. L. 103-226, 
Sec. 9(h), Mar. 30, 1994, 108 Stat. 121; Pub. L. 105-368, title V, 
Sec. 512(b)(1)(A), (2)(A), Nov. 11, 1998, 112 Stat. 3342; Pub. L. 106-
361, Sec. 2(b)(6), Oct. 27, 2000, 114 Stat. 1401; Pub. L. 106-554, 
Sec. 1(a)(4) [div. B, title I, Sec. 138(a)(5)], Dec. 21, 2000, 114 Stat. 
2763, 2763A-233.)

                       References in Text

    Section 8351(b)(7) of this title, referred to in subsec. (b)(6), was 
redesignated section 8351(b)(5) of this title by Pub. L. 103-226, 
Sec. 9(a)(3), Mar. 30, 1994, 108 Stat. 119.


                               Amendments

    2000--Subsec. (a)(2). Pub. L. 106-361 substituted ``this chapter'' 
for ``chapter 84 of this title''.
    Subsec. (b)(2). Pub. L. 106-554 amended first sentence generally. 
Prior to amendment, first sentence read as follows: ``The amount 
contributed by a judge may not exceed 5 percent of the amount of the 
judge's basic pay.''
    1998--Pub. L. 105-368, Sec. 512(b)(2)(A), substituted ``Judges of 
the United States Court of Appeals for Veterans Claims'' for ``Judges of 
the United States Court of Veterans Appeals'' in section catchline.
    Subsecs. (a)(1), (b)(5). Pub. L. 105-368, Sec. 512(b)(1)(A), 
substituted ``Court of Appeals for Veterans Claims'' for ``Court of 
Veterans Appeals''.
    1994--Subsec. (b)(5). Pub. L. 103-226 substituted ``Section 8433(b) 
of this title applies'' for ``A transfer shall be made as provided in 
section 8433(d) of this title''.
    1992--Pub. L. 102-378 amended Pub. L. 102-198. See 1991 Amendment 
note below.
    1991--Pub. L. 102-198, as amended by Pub. L. 102-378, renumbered 
section 8440c of this title as this section.


                    Effective Date of 2000 Amendment

    Amendment by Pub. L. 106-361 effective at the earliest practicable 
date after Sept. 30, 2000, as determined by the Executive Director in 
regulations, see section 2(c)(1) of Pub. L. 106-361, set out as a note 
under section 8432 of this title.


                    Effective Date of 1998 Amendment

    Amendment by 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 Title 38, Veterans' 
Benefits.


                    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. 102-378 effective Dec. 9, 1991, see section 
9(b)(2) of Pub. L. 102-378, set out as a note under section 6303 of this 
title.


                             First Election

    Section 5(b) of Pub. L. 102-82, as amended by Pub. L. 102-198, 
Sec. 7(c)(4)(C), Dec. 9, 1991, 105 Stat. 1625, provided that: ``A judge 
of the United States Court of Veterans Appeals on the date of the 
enactment of this Act [Aug. 6, 1991] may make an election under section 
8440d(a) of title 5, United States Code, within 60 days after the date 
of the enactment of this Act.''

                  Section Referred to in Other Sections

    This section is referred to in section 8432 of this title; title 38 
sections 7296, 7297.
