§7257 Recall of retired judges

Summary

A retired judge can be called back to serve on the Court if, when the judge retired, they gave written notice to the chief judge (or to the clerk if the retiree was the chief judge) saying they were willing and available to be recalled. A judge covered by section 7296(c)(1)(B) cannot withdraw that notice. Definitions: "retired judge" means a Court of Appeals for Veterans Claims judge who left under section 7296 or under chapter 83 or 84 of title 5. "recall-eligible retired judge" means a retired judge who gave the required written notice. The chief judge may recall a recall-eligible retired judge when needed and must put in writing that substantial service is expected for up to 90 days (or the equivalent) as the chief judge decides. No judge may be recalled more than 90 days (or the equivalent) in a calendar year without agreeing. If a recalled judge refuses to serve (unless disabled) and has not already served at least 90 days that year, the chief judge must remove the judge from recall-eligible status, except for judges covered by 7296(c)(1)(A) or 7296(c)(1)(B) who have served at least five years of recalled service in total. A permanently disabled recall-eligible judge will be removed, with disability decided under 7253(g) or 7296(g). A recalled judge has all the powers of an active judge. Pay rules follow the references: judges under 7296(c)(1)(B) receive the pay that section specifies; judges who retired under chapter 83 or 84 or under 7296(c)(1)(A) are paid at the active rate under 7253(e) while recalled, minus their annuity under chapter 83 or 84 or under 7296(c)(1)(A). Except for the pay rule just above, a recalled judge who retired under chapter 83 or 84 is treated as a reemployed annuitant under that chapter, and their right to serve as a reemployed annuitant under title 5 is not changed.