Page:United States Statutes at Large Volume 104 Part 6.djvu/721

 PUBLIC LAW 101-650 —DEC. 1, 1990 104 STAT. 5111 "§ 8440b. Claims Court judges "(a)(1) A judge of the United States Claims Court 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. "Cb)(l) Except as otherwise provided in this subsection, the provisions of this subchapter and subchapter VII shall apply with respect to Claims Court judges who make contributions to the Thrift Savings Fund under subsection (a) of this section. "(2) The amount contributed by a Claims Court judge for any pay period shall not exceed 5 percent of basic pay for such pay period. "(3) No contributions shall be made under section 8432(c) of this title for the benefit of a Claims Court judge making contributions under subsection (a) of this section. "(4)(A) Section 8433(b) of this title applies to a Claims Court 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 (d) of such section). "(B) Section 8433(d) of this title applies to any Claims Court judge who elects to make contributions to the Thrift Savings Fund under subsection (a) of this section and who retires before becoming entitled to £m annuity under section 178 of title 28. "(5) With respect to Claims Court judges to whom this section applies, retirement under section 178 of title 28 is 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) 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)(l)(A) of this title. "(8) In the case of a Claims Court 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 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.". (2) The table of sections at the beginning of chapter 84 of title 5, United States Code, is amended by adding at the end thereof the following: "8440b. Claims Court judges.". (e) TECHNICAL AND CONFORMING AMENDMENTS.— (I)(A) Section 402(1) of the Judicial Improvements and Access to Justice Act (102 Stat. 4650) is amended by striking out "redesignating paragraph 28 USC 604. (18)" and inserting in lieu thereof "redesignating paragraph (19)". (B) Section 604(a) of title 28, United States Code, (relating to the duties of the Director of the Administrative Office of the United

�