U.S. Court of Appeals for Veterans Claims: Retroactive Reimbursement of Professional Liability Insurance Costs
B-300866: May 30, 2003
Section 605 of Public Law No. 107-103, December 27, 2001, amended title 38 of the United States Code by adding new section 7287. It provides that the United States Court of Appeals for Veterans Claims (CAVC) may exercise the management, administrative, and fund expenditure authorities available to other U.S. courts as defined in 28 U.S.C. 451. In exercising this authority, the CAVC's Board of Judges passed a resolution authorizing the Court to utilize the authority found in Public Law No. 105-277, October 21, 1998, as amended (found at 5 U.S.C. prec. 5941 note), to reimburse eligible employees for one-half the cost of professional liability insurance. Since the change in the law adding 38 U.S.C. 7287 was not explicitly made retroactive, it does not apply to professional liability insurance payments made prior to the effective date of the legislation, December 27, 2001.