§ 7297.
(a)
For purposes of this section:
(1)
The term “Court” means the United States Court of Appeals for Veterans Claims.
(4)
The term “retirement fund” means the Court of Appeals for Veterans Claims Retirement Fund established under
section 7298 of this title.
(5)
The term “surviving spouse” means a surviving spouse of an individual who (A) was married to such individual for at least one year immediately preceding the individual’s death, or (B) is a parent of issue by the marriage.
(7)
The term “Member of Congress” means a Representative, a Senator, a Delegate to Congress, or the Resident Commissioner of Puerto Rico.
(8)
The term “assassination” as applied to a judge shall have the meaning provided that term in
section 376(a)(7) of title 28 as applied to a judicial official.
(e)
If the service of a judge who makes an election under subsection (b) of this section terminates other than pursuant to the provisions of
section 7296 of this title, or if any judge ceases to be married after making the election under subsection (b) of this section and revokes (in a writing filed as provided in subsection (b) of this section) such election, the amount credited to the judge’s individual account (together with interest at 3 percent per year compounded on December 31 of each year to the date of the judge’s relinquishment of office) shall be returned to the judge. For the purpose of this section, the service of a judge making an election under subsection (b) of this section shall be considered to have terminated pursuant to
section 7296 of this title if—
(1)
the judge is not reappointed following expiration of the term for which appointed; and
(2)
at or before the time of the expiration of that term, the judge is eligible for and elects to receive retired pay under
section 7296 of this title.
(f)
(1)
If a judge who makes an election under subsection (b) of this section dies after having rendered at least 18 months of civilian service (computed as prescribed in subsection (l
(A)
if the judge is survived by a surviving spouse but not by a dependent child, there shall be paid to the surviving spouse an annuity beginning with the day of the death of the judge, in an amount computed as provided in subsection (k) of this section; or
(B)
if the judge is survived by a surviving spouse and a dependent child or children, there shall be paid to the surviving spouse an immediate annuity in an amount computed as provided in subsection (k) of this section and there shall also be paid to or on behalf of each such child an immediate annuity equal to the lesser of—
(i)
10 percent of the average annual pay of such judge (determined in accordance with subsection (k) of this section), or
(ii)
20 percent of such average annual pay, divided by the number of such children; or
(C)
if the judge is not survived by a surviving spouse but is survived by a dependent child or children, there shall be paid to or on behalf of each such child an immediate annuity equal to the lesser of—
(i)
20 percent of the average annual pay of such judge (determined in accordance with subsection (k) of this section), or
(ii)
40 percent of such average annual pay, divided by the number of such children.
(2)
The annuity payable to a surviving spouse under this subsection shall be terminated—
(A)
upon the surviving spouse’s death; or
(B)
upon the remarriage of the surviving spouse before age 55.
(3)
The annuity payable to a child under this subsection shall be terminated upon the child’s death.
(4)
In case of the death of a surviving spouse of a judge leaving a dependent child or children of the judge surviving the spouse, the annuity of such child or children under paragraph (1)(B) of this subsection shall be recomputed and paid as provided in paragraph (1)(C) of this subsection. In any case in which the annuity of a dependent child is terminated, the annuities of any remaining dependent child or children, based upon the service of the same judge, shall be recomputed and paid as though the child whose annuity was so terminated had not survived the judge.
(5)
If a judge dies as a result of an assassination and leaves a survivor or survivors who are otherwise entitled to receive annuity payments under this section, the 18-month requirement in the matter in paragraph (1) preceding subparagraph (A) shall not apply.
(g)
Questions of family relationships, dependency, and disability arising under this section shall be determined in the same manner as such questions arising under chapter 84 of title 5 are determined.
(h)
(1)
If—
(A)
a judge making an election under subsection (b) of this section dies while in office (i) before having rendered 5 years of civilian service computed as prescribed in subsection (l) of this section, or (ii) after having rendered 5 years of such civilian service but without a survivor entitled to annuity benefits provided by subsection (f) of this section; or
(B)
the right of all persons entitled to an annuity under subsection (f) of this section based on the service of such judge terminates before a claim for such benefits has been established,
the total amount credited to the individual account of such judge (with interest at 3 percent per year, compounded on December 31 of each year, to the date of the death of such judge) shall be paid in the manner specified in paragraph (2) of this subsection.
(2)
An amount payable under paragraph (1) of this subsection shall be paid, upon the establishment of a valid claim therefor, to the person or persons surviving at the date title to the payment arises, in the following order of precedence:
(A)
To the beneficiary or beneficiaries whom the judge designated in writing filed before death with the chief judge (except that in the case of the chief judge such designation shall be filed before death as prescribed by the Court).
(B)
To the surviving spouse of the judge.
(C)
To the child or children of the judge (and the descendants of any deceased children by representation).
(D)
To the parents of the judge or the survivor of them.
(E)
To the executor or administrator of the estate of the judge.
(F)
To such other next of kin of the judge as may be determined by the chief judge to be entitled under the laws of the domicile of the judge at the time of the judge’s death.
(3)
Determination as to the surviving spouse, child, or parent of a judge for the purposes of paragraph (2) of this subsection shall be made without regard to the definitions in subsection (a) of this section.
(4)
Payment under this subsection in the manner provided in this subsection shall be a bar to recovery by any other person.
(5)
In a case in which the annuities of all persons entitled to annuity based upon the service of a judge terminate before the aggregate amount of annuity paid equals the total amount credited to the individual account of such judge (with interest at 3 percent per year, compounded on December 31 of each year to the date of the death of the judge), the difference shall be paid, upon establishment of a valid claim therefor, in the order of precedence prescribed in paragraph (2) of this subsection.
(6)
Any accrued annuity remaining unpaid upon the termination (other than by death) of the annuity of any individual based upon the service of a judge shall be paid to that individual. Any accrued annuity remaining unpaid upon the death of an individual receiving an annuity based upon the service of a judge shall be paid, upon the establishment of a valid claim therefor, in the following order of precedence:
(A)
To the executor or administrator of the estate of that person.
(B)
After 30 days after the date of the death of such individual, to such individual or individuals as may appear in the judgment of the chief judge to be legally entitled thereto.
Such payment shall be a bar to recovery by any other individual.
(i)
When a payment under this section is to be made to a minor, or to a person mentally incompetent or under other legal disability adjudged by a court of competent jurisdiction, the payment may be made to the person who is constituted guardian or other fiduciary by the law of the State of residence of such claimant or is otherwise legally vested with the care of the claimant or the claimant’s estate. If no guardian or other fiduciary of the person under legal disability has been appointed under the laws of the State of residence of the claimant, the chief judge shall determine the person who is otherwise legally vested with the care of the claimant or the claimant’s estate.
(j)
Annuities under this section shall accrue monthly and shall be due and payable in monthly installments on the first business day of the month following the month or other period for which the annuity has accrued. An annuity under this section is not assignable, either in law or in equity, or subject to execution, levy, attachment, garnishment, or other legal process.
(m)
Nothing contained in this section shall be construed to prevent a surviving spouse eligible therefor from simultaneously receiving an annuity under this section and any annuity to which such spouse would otherwise be entitled under any other law without regard to this section, but in computing such other annuity service used in the computation of such spouse’s annuity under this section shall not be credited.
(Added [Pub. L. 101–94, title I, § 101(a)], Aug. 16, 1989, [103 Stat. 620], § 4097; renumbered § 7297 and amended [Pub. L. 102–40, title IV, § 402(b)(1)], (d)(1), May 7, 1991, [105 Stat. 238], 239; [Pub. L. 102–54, § 14(e)(6)], June 13, 1991, [105 Stat. 287]; [Pub. L. 102–82, § 5(c)(2)], Aug. 6, 1991, [105 Stat. 376]; [Pub. L. 102–198, § 7(c)(4)(E)], Dec. 9, 1991, [105 Stat. 1625]; [Pub. L. 105–368, title V], §§ 503, 512(a)(1), Nov. 11, 1998, [112 Stat. 3340], 3341; [Pub. L. 106–117, title X], §§ 1023, 1035(2), Nov. 30, 1999, [113 Stat. 1592], 1595; [Pub. L. 114–315, title II, § 203], Dec. 16, 2016, [130 Stat. 1549].)