Page:United States Statutes at Large Volume 106 Part 3.djvu/711

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PUBLIC LAW 102-484—OCT. 23, 1992 106 STAT. 2505 "(2) Any person with respect to whom this subsection applies shall be eligible to make an election under section 301(a)(2) of the Federal Employees' Retirement System Act of 1986 to the same extent and in the same manner (including subject to the condition set forth in section 301(d) of such Act) as if such person's appointment constituted reemployment with the Federal Government.". (2) The amendment made by paragraph (1) shall apply with 10 USC 945 note, respect to any appointment which takes effect on or after the date of the enactment of this Act. (b) ADDITIONAL ELECTIONS.—(1) Any individual who is a judge lo use 945 note, in active service on the United States Court of Military Appeals shall be eligible to make an election under section 301(a)(2) of the Federal Employees' Retirement System Act of 1986 if— (A) such individual is such a judge on the date of the enactment of this Act; and (B) as of the date of the election, such individual is— (i) subject to the Civil Service Retirement System; or (ii) covered by Social Security but not subject to the Federal Employees' Retirement System. (2) An election under this subsection— (A) shall not be effective unless it is— (i) made within 30 days after the date of the enactment of this Act; and (ii) in compliance with the condition set forth in section 301(d) of the Federal Employees' Retirement System Act of 1986; and (B) may not be revoked. (3) For the purpose of this subsection, a judge of the United States Court of Military Appeals shall be considered to be "covered by Social Security" if such judge's service is employment for the purposes of title II of the Social Security Act and chapter 21 of the Internal Revenue Code of 1986. SEC. 1063. JURISDICTION REGARDING OFFENSES COMMITTED DUR- ING PERIODS OF PRIOR SERVICE. Section 803(a) (article 3(a)) of title 10, United States Code, is amended to read as follows: "(a) Subject to section 843 of this title (article 43), a person who is in a status in which the person is subject to this chapter and who committed an offense against this chapter while formerly in a status in which the person was subject to this chapter is not relieved from amenability to the jurisdiction of this chapter for that offense by reason of a termination of that person's former status.". SEC. 1064. POSTPONEMENT OF CONFINEMENT. Section 857 (article 57) of title 10, United States Code, is amended by adding at the end the following new subsection: "(e)(1) In any case in which a court-martial sentences a person referred to in paragraph (2) to confinement, the convening authority may postpone the service of the sentence to confinement, without the consent of that person, until after the person has been permanently released to the armed forces by a State or foreign country referred to in that paragraph. "(2) Paragraph (1) applies to a person subject to this chapter who—