Page:United States Statutes at Large Volume 103 Part 1.djvu/648

 103 STAT. 620 PUBLIC LAW 101-94-AUG. 16, 1989 (d) of this section that a judge has elected to receive retired pay under this section, the Director shall deduct and withhold 1 percent of the salary of such judge. Amounts shall be so deducted and withheld in a manner determined by the Director. Amounts de- ducted and withheld under this subsection shall be deposited in the Treasury of the United States to the credit of the C!ourt of Veterans Appeals Judges Retirement Fund. Deductions under this subsection from the salary of a judge shall terminate upon the retirement of the judge or upon the completion of 15 years of service for which either deductions under this subsection or a deposit under subsec- tion (j) of this section has been made, whichever occurs first. "(2) Each judge who makes an election under subsection (d) of this section shall be considered to agree to the deductions from salary which are made under paragraph (1) of this subsection. ^'' "(j) A judge who makes an election under subsection (d) of this section shall deposit, for service on the Court performed before the election for which contributions may be made under this section, an amount equal to 1 percent of the salary received for the first years, not exceeding 15 years, of that service. Retired pay may not be allowed until a deposit required by this subsection has been made. "(k) The amounts deducted and withheld under subsection (i) of this section, and the amounts deposited under subsection (j) of this section, shall be deposited in the Court of Veterans Appeals Retire- ment Fund for credit to individual accounts in the name of each judge from whom such amounts are received. "§ 4097. Survivor annuities ' "(a) For purposes of this section: "(1) The term 'Court' means the United States Court of j Veterans Appeals. "(2) The term 'judge' means the chief judge or an associate judge of the Court. "(3) The term 'pay' means salary received under section 4053(e) of this title and retired pay received under section 4096(c) of this title. "(4) The term 'retirement fund' means the Court of Veterans Appeals Retirement Fund established under section 4098 of this title. "(5) The term 'surviving spouse' means a surviving spouse of an individual who (A) was married to such individual for at least two years immediately preceding the individual's death, or (B) is a parent of issue by the marriage. "(6) The term 'dependent child' has the meaning given the term 'child'in section 376(a)(5) of title 28. "(7) The term 'Member of Congress'^neans a Representative, a Senator, a Delegate to Congress, or the Resident Commis- sioner of Puerto Rico. "(b) A judge may become a participant in the annuity program under this section by Hling a written election under this subsection while in office. Any such election shall be made in such manner as may be prescribed by the (^urt. "(c) There shall be deducted and withheld each pay period from the pay of a judge who has made an election under subsection (b) of this section a sum equal to 3.5 percent of the judge's pay. Amounts so deducted and withheld shall be deposited in the retirement fund. A judge who makes an election under subsection (b) of this section

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