§7257 Recall of Retired Judges

Summary

Retired judges can be called back to work on the Court if, when they retired, they gave written notice that they are willing to serve again. The chief judge may recall a willing retired judge by certifying in writing that the judge’s help is needed for a period up to 90 days (or the equivalent). A judge cannot be recalled for more than 90 days in any calendar year without agreeing to it. If a recalled judge refuses to serve (except for disability) before reaching 90 days of service that year, the chief judge removes the judge from the pool of eligible retirees, with a limited exception for certain long-serving retirees. A retired judge who becomes permanently disabled is also removed. A recalled judge has the same judicial powers as an active judge. Retired judge: a judge who left the Court under section 7296 or under chapter 83 or 84 of title 5. Recall-eligible retired judge: a retired judge who gave the required written notice. Pay: judges covered by section 7296(c)(1)(B) are paid as that section says. Others (those retired under chapter 83 or 84 or 7296(c)(1)(A)) are paid the active-judge rate under section 7253(e) minus their annuity; those retired under chapter 83 or 84 are treated as reemployed annuitants under title 5.