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United States · Law · HR

H.R. 2727 (101st)

Court of Veterans Appeals Judges Retirement Act

enactedUnited States· United States Congress· EN

Introduced

22 June 1989

Last action

16 August 1989 · President

Status

Became Public Law No: 101-94.

Sponsors

Rep. Montgomery, G. V. (Sonny) [D-MS-3], Rep. Stump, Bob [R-AZ-3], Rep. Edwards, Don [D-CA-10], Rep. Hammerschmidt, John P. [R-AR-3], Rep. Applegate, Douglas [D-OH-18], Rep. Wylie, Chalmers P. [R-OH-15], Rep. Evans, Lane [D-IL-17], Rep. McEwen, Bob [R-OH-6], Rep. Penny, Timothy J. [D-MN-1], Rep. Smith, Christopher H. [R-NJ-4], Rep. Staggers, Harley O., Jr. [D-WV-2], Rep. Burton, Dan [R-IN-5], Rep. Rowland, J. Roy [D-GA-8], Rep. Bilirakis, Michael [R-FL-9], Rep. Florio, James J. [D-NJ-1], Rep. Ridge, Thomas J. [R-PA-21], Rep. Robinson, Tommy F. [D-AR-2], Rep. Rowland, John G. [R-CT-5], Rep. Stenholm, Charles W. [D-TX-17], Sen. Smith, Bob [R-NH], Rep. Kennedy, Joseph P., II [D-MA-8], Rep. James, Craig T. [R-FL-4], Rep. Patterson, Elizabeth [D-SC-4], Rep. Stearns, Cliff [R-FL-6], Sen. Johnson, Tim [D-SD], Rep. Paxon, Bill [R-NY-27], Rep. Jontz, Jim [D-IN-5], Rep. Payne, Lewis F., Jr. [D-VA-5], Rep. Morrison, Bruce A. [D-CT-3], Rep. Sangmeister, George E. [D-IL-4], Rep. Parker, Mike [R-MS-4], Rep. Jones, Ben [D-GA-4], Rep. Long, Jill L. [D-IN-4], Rep. Leath, Marvin [D-TX-11], Rep. Hefner, W. G. (Bill) [D-NC-8], Rep. Jenkins, Edgar L. [D-GA-9], Rep. Richardson, Bill [D-NM-3], Rep. Browder, Glen [D-AL-3], Rep. Harris, Claude [D-AL-7]

Subjects

Defence

Source updated

7 February 2024

Defence

Official sourceDownload fileView documentsShare

Summary

Court of Veterans Appeals Judges Retirement Act - Title I: Judges Retirement and Survivor Annuity Program - Amends Federal veterans' benefits provisions concerning the U.S. Court of Veterans Appeals (Court) to outline the age and service requirements for full retirement benefits. Requires a judge who is unable to perform the duties of office due to permanent disability to retire. Provides that a judge serving for less than ten years who retires due to permanent disability shall receive retired pay of one-half of the rate of pay in effect at retirement. Requires an election to retire under such retirement provisions to be made while the judge is still an active judge. Prohibits revocation of such an election after the retired pay begins to accrue. Requires such election to be in writing and sent to the chief judge or, in the case of the chief judge, to the Director of the Office of Personnel Management. Outlines provisions concerning: (1) forfeiture of rights to retired pay while accepting employment with the United States; (2) the lack of an annuity payable under civil service retirement laws, as well as the lack of a deduction from retired pay for the Civil Service Retirement and Disability Fund; and (3) notice to the President in writing when a judge is unable to perform the duties of office due to a permanent disability. Allows an individual who has elected to receive retired pay under these provisions to revoke such election at any time before the first day on which retired pay would begin to accrue. Requires notice of such revocation to be in writing and sent to the Director of OPM. Outlines the ramifications of such revocation (basically, reinclusion under Federal civil service retirement provisions). Requires the Director of OPM to begin withholding one percent of the salary of a judge under this Act after proper notice of the election to receive retirement coverage under this Act. Requires withheld amounts to be credited to the Court of Veterans Appeals Judges Retirement Fund. Allows a judge to deposit into such Fund amounts for up to 15 years of service prior to the date on which contributions may be made under this Act. Authorizes a judge to become a participant in the annuity program by filing a written notice of such election under this Act while in office in a manner prescribed by the Court. Provides for a deduction of 3.5 percent of the judge's pay to provide coverage for the annuity. Requires amounts so withheld to be deposited into the Fund. Requires a judge to deposit into the Fund, for annuity coverage, 3.5 percent of the judge's pay or other compensation for service as a Member of Congress or any other civilian Federal service. Allows such payments for prior years of service to be made in installments. Provides that if the service of a judge who makes an election to be covered under the annuity provisions is terminated, or if any judge ceases to be married after making the election and revokes the election, the amount in the judge's individual account shall be returned to the judge. Allows an annuity to be paid to the surviving spouse and dependent child of a judge under this Act if the judge dies after having rendered at least five years of civilian service and has made payments into the Fund for at least five years. Terminates the annuity to the surviving spouse upon his or her death or remarriage before age 55. Terminates the annuity payable to the child at the child's death. Recomputes the annuity payable to the child at the child's death. Recomputes the annuity payable to a dependent child after the death of a surviving spouse and after the death of another dependent child. Terminates any annuity payments if a judge making an election to be covered for annuity purposes dies before having rendered at least five years of civilian service or dies without a survivor entitled to such benefits. Provides, in such case, that the full amount of deposits made by the judge before his or her death, plus interest, shall be returned to the persons surviving on the date that title to the payment arises, in a specified order of priority. Provides for payment of the unpaid remaining annuity of a survivor or dependent upon the termination (other than by death) of the annuity of any individual based upon the service of a judge, in a specified order of preference. Provides for alternative measures to be taken for the payment of annuities to minors or mentally incompetent persons. Outlines administrative provisions concerning the time and amounts of annuity payments (determined on the basis of a judge's average annual pay). Requires the years of service for determining the amount of a surviving spouse's annuity rights to include years of service as a judge of the Court, as a Member of Congress, and as a member of the armed forces (within a specified limit) and any other Federal civilian service. Requires a judge making an election to provide an annuity under this Act to waive all benefits under the civil service retirement laws. Requires annuity payments to be increased whenever a judge's salary is increased as long as the deceased judge rendered some portion of his or her final 18 months as a judge of the Court. Establishes in the Treasury the Court of Veterans Appeals Retirement Fund. Requires the chief judge of the Court to submit to the President an annual estimate of the expenditures and appropriations necessary for maintenance and operation of the Fund. Provides for periodic examinations of the Fund by an actuary. Requires deposits into the Fund as necessary to reduce to zero its unfunded liability. Title II: Provisions Relating to Establishment of Court of Veterans Appeals - Directs the Secretary to transfer to the Court such funds as the chief judge of the Court certifies to be required for the initial startup and operational costs of the Court, until funds for the operation of the Court are first appropriated. Requires that, upon appropriation, the chief judge must reimburse the Secretary the total sum transferred to the Court. Provides for facilities for the Court to be provided through the Administrator of General Services. Extends the date by which an appeal must be filed with the Court with regard to Board of Veterans Appeals decisions made before the Court commences operations. Provides for interim rules and employment authority of the Court. Title III: Technical Corrections - Makes technical corrections to current Federal law concerning the Board of Veterans Appeals. Title IV: Miscellaneous Provisions - Excludes certain noncareer appointments and competitive service-excepted positions in the Department of Veterans Affairs from a requirement prohibiting political affiliation or activity from being taken into account in connection with the appointment of personnel to certain positions. Provides for an acting chief judge of the Court in the event of a vacancy. Authorizes the Court to procure the services of experts and consultants.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

  1. 22 June 1989

    Introduced

    Referred to the House Committee on Veterans' Affairs.

    Source: IntroReferral

  2. 22 June 1989

    Introduced

    Introduced in House

    Source: IntroReferral

  3. 22 June 1989

    Introduced

    Introduced in House

    Source: IntroReferral

  4. 27 June 1989

    Committee

    Executive Comment Requested from OMB.

    Source: Committee

  5. 11 July 1989

    Committee

    Favorable Excutive Comment Received from OMB.

    Source: Committee

  6. 13 July 1989

    Committee

    Committee Consideration and Mark-up Session Held.

    Source: Committee

  7. 13 July 1989

    Reported

    Ordered to be Reported (Amended).

    Source: Committee

  8. 27 July 1989

    Calendars

    Placed on the Union Calendar, Calendar No. 126.

    Source: Calendars

  9. 27 July 1989

    Reported

    Reported (Amended) by the Committee on Veterans' Affairs. H. Rept. 101-189.

    Source: Committee

  10. 27 July 1989

    Reported

    Reported (Amended) by the Committee on Veterans' Affairs. H. Rept. 101-189.

    Source: Committee

  11. 31 July 1989

    Passed

    Motion to reconsider laid on the table Agreed to without objection.

    Source: Floor

  12. 31 July 1989

    Passed

    On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.

    Source: Floor

  13. 31 July 1989

    Passed

    Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.

    Source: Floor

  14. 31 July 1989

    Floor

    DEBATE - The House proceeded with forty minutes of debate.

    Source: Floor

  15. 31 July 1989

    Floor

    Considered under suspension of the rules.

    Source: Floor

  16. 31 July 1989

    Passed

    On ordering a second Agreed to without objection.

    Source: Floor

  17. 31 July 1989

    Floor

    Mr. Hammerschmidt demanded a second on the motion to suspend the rules.

    Source: Floor

  18. 31 July 1989

    Floor

    Mr. Montgomery moved to suspend the rules and pass the bill, as amended.

    Source: Floor

  19. 3 August 1989

    Floor

    Measure laid before Senate by unanimous consent.

    Source: Floor

  20. 3 August 1989

    Passed

    Passed/agreed to in Senate: Passed Senate without amendment by Voice Vote.

    Source: Floor

  21. 3 August 1989

    Introduced

    Received in the Senate, read twice.

    Source: IntroReferral

  22. 4 August 1989

    Floor

    Message on Senate action sent to the House.

    Source: Floor

  23. 11 August 1989

    Floor

    Presented to President.

    Source: Floor

  24. 11 August 1989

    President

    Presented to President.

    Source: President

  25. 11 August 1989

    Floor

    Measure Signed in Senate.

    Source: Floor

  26. 16 August 1989

    Became law

    Became Public Law No: 101-94.

    Source: President

  27. 16 August 1989

    Became law

    Signed by President.

    Source: BecameLaw

  28. 16 August 1989

    President

    Signed by President.

    Source: President

Votes

No vote records are attached yet.

Versions

Documents

9 official files

Reported in House (text)

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  • Reported in House (text)

    Reported in House · EN

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  • Received in Senate (text)

    Received in Senate · EN

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  • Introduced in House (text)

    Introduced in House · EN

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  • Enrolled Bill (text)

    Enrolled Bill · EN

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  • Engrossed in House (text)

    Engrossed in House · EN

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  • Public Law (PDF)

    Public Law · EN · 17 August 1989

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  • Passed House amended

    summary · EN · 31 July 1989

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  • Reported to House with amendment(s)

    summary · EN · 27 July 1989

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  • Introduced in House

    summary · EN · 22 June 1989

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