Page:United States Statutes at Large Volume 106 Part 3.djvu/710

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106 STAT. 2504 PUBLIC LAW 102-484—OCT. 23, 1992 "(B) have not previously served as chief judge. "(2) In any case in which there is no judge of the court in regular active service who has served as a judge of the court for at least one year, the judge of the court in regular active service who is senior in commission and has not served previously as chief judge shall act as the chief judge. "(3) Except as provided in paragraph (4), a judge of the court shall serve as the chief judge under paragraph (1) for a term of five years. If no other judge is eligible under paragraph (1) to serve as chief judge upon the expiration of that term, the chief {'udge shall continue to serve as chief judge until another judge )ecomes eligible under that paragraph to serve as chief judge. "(4)(A) The term of a chief judge shall be terminated before the end of five years if— "(i) the chief judge leaves regular active service as a judge of the court; or "(ii) the chief judge notifies the other judges of the court in writing that such judge desires to be relieved of his duties as chief judge. "(B) The effective date of a termination of the term under subparagraph (A) shall be the date on which the chief judge leaves regular active service or the date of the notification under subparagraph (A)(ii), as the case may be. "(5) If a chief judge is temporarily unable to perform his duties as a chief judge, the duties shall be performed by the judge of the court in active service who is present, able and qualified to act, and is next in precedence.". 10 USC 943 note. (b) TRANSITION PROVISIONS.— For purposes of section 943(a) (article 943(a)) of title 10, United States Code, as amended by subsection (a)— (1) the person serving as the chief judge of the United States Court of Military Appeals on the date of the enactment of this Act shall be deemed to have been designated as the chief judge under such section; and (2) the five-year term provided in paragraph (3) of such section shall be deemed to have begun on the date on which such judge was originally designated as the chief judge under section 867(a) or 943 of title 10, United States (5ode, as the case may be, as that provision of law was in effect on the date of the designation. SEC, 1062. RETIREMENT OF JUDGES OF THE COURT OF MILITARY APPEALS. (a) IN GENERAL.—(1) Section 945 (article 145) of title 10, United States Code, is amended by adding at the end the following: " (i) ELIGIBILITY TO ELECT BETWEEN RETIREMENT SYSTEMS.— (1) This subsection applies with respect to any person who— "(A) prior to being appointed as a judge of the United States Court of Military Appeals, performed civilian service of a type making such person subject to the Civil Service Retirement System; and "(B) would be eligible to make an election under section 301(a)(2) of the Federal Employees' Retirement System Act of 1986, by virtue of being appointed as such a judge, but for the fact that such person nas not had a break in service of sufficient duration to be considered someone who is being reemployed by the Federal Government.