Title 26Internal Revenue CodeRelease 119-73

§7447A Retirement for special trial judges

Title 26 › Subtitle Subtitle F— - Procedure and Administration › Chapter CHAPTER 76— - JUDICIAL PROCEEDINGS › Subchapter Subchapter C— - The Tax Court › Part PART I— - ORGANIZATION AND JURISDICTION › § 7447A

Last updated Apr 6, 2026|Official source

Summary

Special trial judges can retire if they meet age-and-service rules: age 65 with 15 years, 66 with 14 years, 67 with 13 years, 68 with 12 years, 69 with 11 years, or 70 with 10 years. All time served as a special trial judge counts, even if it was not continuous. A special trial judge who becomes permanently disabled must retire. Retired judges can be asked by the chief judge to do Tax Court work, but without the judge’s agreement those recalled cannot work more than 90 days in a year and cannot work while sick. A judge who chooses the retirement pay option gets a pension that starts the day after regular pay ends and is paid like salary for life. The pension for normal retirement is the judge’s current salary multiplied by (years served ÷ 15). For disability retirement, the pension is the full salary if the judge had at least 10 years, or half that salary if under 10 years. Parts of a year under 6 months are dropped; 6 months or more count as a full year. Time spent working full-time while recalled counts as service. The retirement pay choice must be filed in writing with the chief judge while still serving (or within 60 days after leaving if not reappointed), and it cannot be changed once made. Some other rules that apply to Tax Court judges also apply here, with any mention of the President read as the chief judge.

Full Legal Text

Title 26, §7447A

Internal Revenue Code — Source: USLM XML via OLRC

(a)(1)Any special trial judge appointed pursuant to section 7443A may retire from service as a special trial judge if the individual meets the age and service requirements set forth in the following table: If the special trial judge has attained age:And the years of service as a special trial judge are at least: 6515 6614 6713 6812 6911 7010
(2)In making any determination of length of service as a special trial judge there shall be included all periods (whether or not consecutive) during which an individual served as a special trial judge
(b)Any special trial judge appointed pursuant to section 7443A who becomes permanently disabled from performing such individual’s duties shall retire from service as a special trial judge.
(c)Any individual who has retired pursuant to subsection (a) may be called upon by the chief judge to perform such judicial duties with the Tax Court as may be requested of such individual for a period or periods specified by the chief judge, except that in the case of any such individual—
(1)the aggregate of such periods in any 1 calendar year shall not (without the consent of such individual) exceed 90 calendar days, and
(2)such individual shall be relieved of performing such duties during any period in which illness or disability precludes the performance of such duties.
(d)(1)Any individual who retires pursuant to subsection (a) and elects under subsection (e) to receive retired pay under this subsection shall receive retired pay during any period of retirement from service as a special trial judge at a rate which bears the same ratio to the rate of the salary payable to a special trial judge during such period as—
(A)the number of years such individual has served as special trial judge bears to,
(B)15,
(2)Any individual who retires pursuant to subsection (b) and elects under subsection (e) to receive retired pay under this subsection shall receive retired pay during any period of retirement from service as a special trial judge—
(A)at a rate equal to the rate of the salary payable to a special trial judge during such period, if the individual had at least 10 years of service as a special trial judge before retirement, and
(B)at a rate equal to ½ the rate described in subparagraph (A), if the individual had fewer than 10 years of service as a special trial judge before retirement.
(3)Retired pay under this subsection shall begin to accrue on the day following the date on which the individual’s salary as a special trial judge ceases to accrue, and shall continue to accrue during the remainder of such individual’s life. Retired pay under this subsection shall be paid in the same manner as the salary of a special trial judge.
(4)In computing the rate of the retired pay for an individual to whom paragraph (1) applies, any portion of the aggregate number of years such individual has served as a special trial judge which is a fractional part of 1 year shall be eliminated if it is less than 6 months, or shall be counted as a full year if it is 6 months or more.
(5)In computing the rate of the retired pay for an individual to whom paragraph (1) applies, any period during which such individual performs services under subsection (c) on a substantially full-time basis shall be treated as a period during which such individual has served as a special trial judge.
(e)Any special trial judge may elect to receive retired pay under subsection (d). Such an election—
(1)may be made only while an individual is a special trial judge (except that in the case of an individual who fails to be reappointed as a special trial judge, such election may be made within 60 days after such individual leaves office as a special trial judge),
(2)once made, shall be irrevocable, and
(3)shall be made by filing notice thereof in writing with the chief judge.
(f)The rules of subsections (f), (g), (h)(2), (i), and (j), and the first sentence of subsection (h)(1), of section 7447 shall apply to a special trial judge in the same manner as a judge of the Tax Court. For purposes of the preceding sentence, any reference to the President in such subsections shall be applied as if it were a reference to the chief judge.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 117–328, div. T, title VII, § 702(d), Dec. 29, 2022, 136 Stat. 5404, provided that: “The

Amendments

made by this section [enacting this section and amending section 3121 and 7448 of this title and section 410 of Title 42, The Public Health and Welfare] shall take effect on the date of the enactment of this Act [Dec. 29, 2022], except that section 7447A(e) of the Internal Revenue Code of 1986 (as added by this section) shall take effect on the date that is 180 days after such date of enactment. Special trial judges retiring on or after the date of the enactment of this Act, and before the date that is 180 days after the date of such enactment, may file an election under such section not later than 60 days after such date.”

Reference

Citations & Metadata

Citation

26 U.S.C. § 7447A

Title 26Internal Revenue Code

Last Updated

Apr 6, 2026

Release point: 119-73