§ 797. — Recall of retired judges.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC797]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART III--COURT OFFICERS AND EMPLOYEES
CHAPTER 51--UNITED STATES COURT OF FEDERAL CLAIMS
Sec. 797. Recall of retired judges
(a)(1) Any judge of the United States Court of Federal Claims who
has retired from regular active service under subchapter III of chapter
83, or chapter 84, of title 5 shall be known and designated as a senior
judge and may perform duties as a judge when recalled pursuant to
subsection (b) of this section.
(2) Any judge of the Court of Federal Claims receiving an annuity
under section 178(c) of this title (pertaining to disability) who, in
the estimation of the chief judge, has recovered sufficiently to render
judicial service, shall be known and designated as a senior judge and
may perform duties as a judge when recalled under subsection (b) of this
section.
(b) The chief judge of the Court of Federal Claims may, whenever he
deems it advisable, recall any senior judge, with such judge's consent,
to perform such duties as a judge and for such period of time as the
chief judge may specify.
(c) Any senior judge performing duties pursuant to this section
shall not be counted as a judge for purposes of the number of judgeships
authorized by section 171 of this title.
(d) Any senior judge, while performing duties pursuant to this
section, shall be paid the same allowances for travel and other expenses
as a judge in active service. Such senior judge shall also receive from
the Court of Federal Claims supplemental pay in an amount sufficient,
when added to his retirement annuity, to equal the salary of a judge in
active service for the same period or periods of time. Such supplemental
pay shall be paid in the same manner as the salary of a judge.
(Added Pub. L. 92-375, Sec. 2, Aug. 10, 1972, 86 Stat. 529; amended Pub.
L. 97-164, title I, Sec. 121(f)(1), Apr. 2, 1982, 96 Stat. 35; Pub. L.
99-651, title II, Sec. 202(c), Nov. 14, 1986, 100 Stat. 3648; Pub. L.
102-572, title IX, Secs. 902(a), 904(b), Oct. 29, 1992, 106 Stat. 4516,
4517; Pub. L. 106-518, title III, Sec. 308, Nov. 13, 2000, 114 Stat.
2419.)
Amendments
2000--Subsec. (a). Pub. L. 106-518 designated existing provisions as
par. (1) and added par. (2).
1992--Subsec. (a). Pub. L. 102-572, Sec. 902(a)(1), substituted
``United States Court of Federal Claims'' for ``United States Claims
Court''.
Subsec. (b). Pub. L. 102-572, Sec. 902(a)(2), substituted ``Court of
Federal Claims'' for ``Claims Court''.
Subsec. (d). Pub. L. 102-572, Secs. 902(a)(2), 904(b), substituted
``Court of Federal Claims'' for ``Claims Court'' and struck out ``civil
service'' before ``retirement annuity''.
1986--Subsec. (a). Pub. L. 99-651 inserted reference to chapter 84
of title 5.
1982--Pub. L. 97-164 substituted ``judges'' for ``commissioners'' in
section catchline.
Subsec. (a). Pub. L. 97-164 substituted ``Any judge of the United
States Claims Court who has retired from regular active service under
subchapter III of chapter 83 of title 5 shall be known and designated as
a senior judge and may perform duties as a judge when recalled pursuant
to subsection (b) of this section'' for ``Any commissioner who has
retired from regular active service under the Civil Service Retirement
Act shall be known and designated as a senior commissioner and may
perform duties as a commissioner when recalled pursuant to subsection
(b) of this section''.
Subsec. (b). Pub. L. 97-164 substituted ``The chief judge of the
Claims Court may, whenever he deems it advisable, recall any senior
judge, with such judge's consent, to perform such duties as a judge and
for such period of time as the chief judge may specify'' for ``The
United States Court of Claims, whenever it deems such action advisable,
may recall any senior commissioner, with the latter's acquiescence, to
perform such duties as a commissioner and for such period of time as the
court may specify''.
Subsec. (c). Pub. L. 97-164 substituted ``Any senior judge
performing duties pursuant to this section shall not be counted as a
judge for purposes of the number of judgeships authorized by section 171
of this title'' for ``Any senior commissioner performing duties pursuant
to this section shall not be counted as a commissioner for purposes of
the number of commissioner positions authorized by section 792 of this
title''.
Subsec. (d). Pub. L. 97-164 substituted ``judge'' for
``commissioner'' wherever appearing, ``Such senior judge'' for ``He'',
and ``Claims Court'' for ``Court of Claims''.
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 this
title.
Effective Date of 1986 Amendment
Amendment by Pub. L. 99-651 effective Jan. 1, 1987, see section 203
of Pub. L. 99-651, set out as a note under section 155 of this title.
Effective Date of 1982 Amendment
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402
of Pub. L. 97-164, set out as a note under section 171 of this title.
Section Referred to in Other Sections
This section is referred to in sections 374, 375 of this title.
