105 STAT. 376 PUBLIC LAW 102-82—AUG. 6, 1991 SEC. 4. RECUSAL OF JUDGES. Section 7264 of title 38, United States Code, is amended by adding at the end the following: "(c) Section 455 of title 28 sheill apply to judges and proceedings of the Court.". SEC. 5. PARTICIPATION OF JUDGES IN THE THRIFT SAVINGS PLAN. (a) IN GENERAL. — (1) Subchapter III of chapter 84 of title 5, United States Code, is amended by adding at the end the following new section: "§ 8440c. Judges of the United States Court of Veterans Appeals "(a)(l) A judge of the United States Court of Veterans Appeals may elect to contribute to the Thrift Savings Fund. "(2) An election may be made under paragraph (1) only during a period provided under section 8432(b) of this title for individuals subject to chapter 84 of this title. "(b)(1) Except as otherwise provided in this subsection, the provisions of this subchapter and subchapter VII of this chapter shall apply with respect to a judge meiking contributions to the Thrift Savings Fund. "(2) The amount contributed by a judge may not exceed 5 percent of the amount of the judge's basic pay. Basic pay does not include any retired pay paid pursuant to section 7296 of title 38. "(3) No contributions may be made for the benefit of a judge under section 8432(c) of this title. "(4) Section 8433(b) of this title applies with respect to a judge who elects to make contributions to the Thrift Savings Fund and retires under section 7296(b) of title 38. "(5) A transfer shall be made as provided in section 8433(d) of this title in the case of a judge who elects to make contributions to the Thrift Savings Fund and thereafter ceases to serve as a judge of the United States Court of Veterans Appeals but does not retire under section 7296(b) of title 38. "(6) The provisions of section 8351(b)(7) of this title shall apply with respect to a judge who has elected to contribute to the Thrift Savings Fund under this section.". (2) The table of sections at the beginning of such chapter is amended by inserting at the end of the items relating to the sections in subchapter III the following: "8440c. Judges of the United States Court of Veterans Appeals.". 5 USC 8440c (b) FIRST ELECTION. —A judge of the United States Court of Veter- "°**- ans Appeals on the date of the enactment of this Act may make an election under section 8440c(a) of title 5, United States Code (as added by subsection (a)), within 60 days after the date of the enactment of this Act. (c) CONFORMING AMENDMENTS. —(1) Section 7296(fK2XA) of title 38, United States Code, is amended by inserting "except as authorized by section 8440c of title 5" before the semicolon at the end. (2) Section 7297(n) of title 38, United States Code, is amended by inserting before the period at the end of the first sentence the following: "except section 8440c of title 5".
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