
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC945]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
              CHAPTER 47--UNIFORM CODE OF MILITARY JUSTICE
 
   SUBCHAPTER XII--UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
 
Sec. 945. Art. 145. Annuities for judges and survivors

    (a) Retirement Annuities for Judges.--(1) A person who has completed 
a term of service for which he was appointed as a judge of the United 
States Court of Appeals for the Armed Forces is eligible for an annuity 
under this section upon separation from civilian service in the Federal 
Government. A person who continues service with the court as a senior 
judge under section 942(e)(1)(B) of this title (article 142(e)(1)(B)) 
upon the expiration of the judge's term shall be considered to have been 
separated from civilian service in the Federal Government only upon the 
termination of that continuous service.
    (2) A person who is eligible for an annuity under this section shall 
be paid that annuity if, at the time he becomes eligible to receive that 
annuity, he elects to receive that annuity in lieu of any other annuity 
for which he may be eligible at the time of such election (whether an 
immediate or a deferred annuity) under subchapter III of chapter 83 or 
subchapter II of chapter 84 of title 5 or any other retirement system 
for civilian employees of the Federal Government. Such an election may 
not be revoked.
    (3)(A) The Secretary of Defense shall notify the Director of the 
Office of Personnel Management whenever an election under paragraph (2) 
is made affecting any right or interest under subchapter III of chapter 
83 or subchapter II of chapter 84 of title 5 based on service as a judge 
of the United States Court of Appeals for the Armed Forces.
    (B) Upon receiving any notification under subparagraph (A) in the 
case of a person making an election under paragraph (2), the Director 
shall determine the amount of the person's lump-sum credit under 
subchapter III of chapter 83 or subchapter II of chapter 84 of title 5, 
as applicable, and shall request the Secretary of the Treasury to 
transfer such amount from the Civil Service Retirement and Disability 
Fund to the Department of Defense Military Retirement Fund. The 
Secretary of the Treasury shall make any transfer so requested.
    (C) In determining the amount of a lump-sum credit under section 
8331(8) of title 5 for purposes of this paragraph--
        (i) interest shall be computed using the rates under section 
    8334(e)(3) of such title; and
        (ii) the completion of 5 years of civilian service (or longer) 
    shall not be a basis for excluding interest.

    (b) Amount of Annuity.--The annuity payable under this section to a 
person who makes an election under subsection (a)(2) is 80 percent of 
the rate of pay for a judge in active service on the United States Court 
of Appeals for the Armed Forces as of the date on which the person is 
separated from civilian service.
    (c) Relation to Thrift Savings Plan.--Nothing in this section 
affects any right of any person to participate in the thrift savings 
plan under section 8351 of title 5 or subchapter III of chapter 84 of 
such title.
    (d) Survivor Annuities.--The Secretary of Defense shall prescribe by 
regulation a program to provide annuities for survivors and former 
spouses of persons receiving annuities under this section by reason of 
elections made by such persons under subsection (a)(2). That program 
shall, to the maximum extent practicable, provide benefits and establish 
terms and conditions that are similar to those provided under survivor 
and former spouse annuity programs under other retirement systems for 
civilian employees of the Federal Government. The program may include 
provisions for the reduction in the annuity paid the person as a 
condition for the survivor annuity. An election by a judge (including a 
senior judge) or former judge to receive an annuity under this section 
terminates any right or interest which any other individual may have to 
a survivor annuity under any other retirement system for civilian 
employees of the Federal Government based on the service of that judge 
or former judge as a civilian officer or employee of the Federal 
Government (except with respect to an election under subsection 
(g)(1)(B)).
    (e) Cost-of-Living Increases.--The Secretary of Defense shall 
periodically increase annuities and survivor annuities paid under this 
section in order to take account of changes in the cost of living. The 
Secretary shall prescribe by regulation procedures for increases in 
annuities under this section. Such system shall, to the maximum extent 
appropriate, provide cost-of-living adjustments that are similar to 
those that are provided under other retirement systems for civilian 
employees of the Federal Government.
    (f) Dual Compensation.--A person who is receiving an annuity under 
this section by reason of service as a judge of the court and who is 
appointed to a position in the Federal Government shall, during the 
period of such person's service in such position, be entitled to receive 
only the annuity under this section or the pay for that position, 
whichever is higher.
    (g) Election of Judicial Retirement Benefits.--(1) A person who is 
receiving an annuity under this section by reason of service as a judge 
of the court and who later is appointed as a justice or judge of the 
United States to hold office during good behavior and who retires from 
that office, or from regular active service in that office, shall be 
paid either (A) the annuity under this section, or (B) the annuity or 
salary to which he is entitled by reason of his service as such a 
justice or judge of the United States, as determined by an election by 
that person at the time of his retirement from the office, or from 
regular active service in the office, of justice or judge of the United 
States. Such an election may not be revoked.
    (2) An election by a person to be paid an annuity or salary pursuant 
to paragraph (1)(B) terminates (A) any election previously made by such 
person to provide a survivor annuity pursuant to subsection (d), and (B) 
any right of any other individual to receive a survivor annuity pursuant 
to subsection (d) on the basis of the service of that person.
    (h) Source of Payment of Annuities.--Annuities and survivor 
annuities paid under this section shall be paid out of the Department of 
Defense Military Retirement Fund.
    (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 Appeals for the Armed Forces, 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 has not had a break in service of sufficient duration to 
    be considered someone who is being reemployed by the Federal 
    Government.

    (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.

(Added Pub. L. 101-189, div. A, title XIII, Sec. 1301(c), Nov. 29, 1989, 
103 Stat. 1572; amended Pub. L. 102-190, div. A, title X, 
Sec. 1061(b)(1)(C), Dec. 5, 1991, 105 Stat. 1474; Pub. L. 102-484, div. 
A, title X, Secs. 1052(11), 1062(a)(1), Oct. 23, 1992, 106 Stat. 2499, 
2504; Pub. L. 103-337, div. A, title IX, Sec. 924(c)(1), Oct. 5, 1994, 
108 Stat. 2831.)

                       References in Text

    Section 301(a)(2) and (d) of the Federal Employees' Retirement 
System Act of 1986, referred to in subsec. (i), is section 301(a)(2) and 
(d) of Pub. L. 99-335, which is set out in a note under section 8331 of 
Title 5, Government Organization and Employees.


                               Amendments

    1994--Subsecs. (a)(1), (3)(A), (b), (i)(1)(A). Pub. L. 103-337 
substituted ``Court of Appeals for the Armed Forces'' for ``Court of 
Military Appeals''.
    1992--Subsec. (a)(1). Pub. L. 102-484, Sec. 1052(11), substituted 
``section 942(e)(1)(B) of this title (article 142(e)(1)(B))'' for 
``section 943(e)(1)(B) of this title (art. 143(e)(1)(B))''.
    Subsec. (i). Pub. L. 102-484, Sec. 1062(a)(1), added subsec. (i).
    1991--Subsec. (a)(1). Pub. L. 102-190 inserted at end ``A person who 
continues service with the court as a senior judge under section 
943(e)(1)(B) of this title (art. 143(e)(1)(B)) upon the expiration of 
the judge's term shall be considered to have been separated from 
civilian service in the Federal Government only upon the termination of 
that continuous service.''


                    Effective Date of 1992 Amendment

    Section 1062(a)(2) of Pub. L. 102-484 provided that: ``The amendment 
made by paragraph (1) [amending this section] shall apply with respect 
to any appointment which takes effect on or after the date of the 
enactment of this Act [Oct. 23, 1992].''


                    Effective Date of 1991 Amendment

    Amendment by Pub. L. 102-190 effective Nov. 29, 1989, see section 
1061(b)(1)(D) of Pub. L. 102-190, set out as a note under section 942 of 
this title.


                             Effective Date

    Except as otherwise provided, section applicable with respect to 
judges of United States Court of Military Appeals [now United States 
Court of Appeals for the Armed Forces] whose terms of service on such 
court end after Sept. 28, 1988, and to survivors of such judges, see 
section 1301(f) of Pub. L. 101-189, set out as a Transitional Provisions 
note under section 942 of this title.


                          Additional Elections

    Section 1062(b) of Pub. L. 102-484 provided that:
    ``(1) Any individual who is a judge in active service on the United 
States Court of Military Appeals [now United States Court of Appeals for 
the Armed Forces] shall be eligible to make an election under section 
301(a)(2) of the Federal Employees' Retirement System Act of 1986 [Pub. 
L. 99-335, 5 U.S.C. 8331 note] if--
        ``(A) such individual is such a judge on the date of the 
    enactment of this Act [Oct. 23, 1992]; 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 
        [Pub. L. 99-335, 5 U.S.C. 8331 note]; and
        ``(B) may not be revoked.
    ``(3) For the purpose of this subsection, a judge of the United 
States Court of Military Appeals [now United States Court of Appeals for 
the Armed Forces] 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 [42 U.S.C. 401 et seq.] and chapter 21 of the 
Internal Revenue Code of 1986 [26 U.S.C. 3101 et seq.].''

                  Section Referred to in Other Sections

    This section is referred to in section 942 of this title.
