Notes on 10 U.S.C. § 942 : US Code - Notes

Search Notes on 10 U.S.C. § 942 : US Code - Notes

(Added Pub. L. 101-189, div. A, title XIII, Sec. 1301(c), Nov. 29,
1989, 103 Stat. 1570; amended Pub. L. 101-510, div. A, title V,
Sec. 541(f), Nov. 5, 1990, 104 Stat. 1565; Pub. L. 102-190, div. A,
title X, Sec. 1061(b)(1)(A), (B), (2), Dec. 5, 1991, 105 Stat.
1474; Pub. L. 103-337, div. A, title IX, Sec. 924(c)(1), Oct. 5,
1994, 108 Stat. 2831; Pub. L. 104-106, div. A, title XV, Sec.
1502(a)(2), Feb. 10, 1996, 110 Stat. 502; Pub. L. 106-65, div. A,
title X, Sec. 1067(1), Oct. 5, 1999, 113 Stat. 774.)
AMENDMENTS
1999 - Subsec. (e)(5). Pub. L. 106-65 substituted "and the
Committee on Armed Services" for "and the Committee on National
Security".
1996 - Subsec. (e)(5). Pub. L. 104-106 substituted "Committee on
Armed Services of the Senate and the Committee on National Security
of the House of Representatives" for "Committees on Armed Services
of the Senate and the House of Representatives".
1994 - Subsecs. (a), (f)(1). Pub. L. 103-337 substituted "Court
of Appeals for the Armed Forces" for "Court of Military Appeals".
1991 - Subsec. (e)(1). Pub. L. 102-190, Sec. 1061(b)(1)(A)(i)-
(iv), designated existing provisions as subpar. (A), struck out
"(2)(A)" before "The chief judge", moved sentence beginning "The
chief judge of the court" to end of par. (1)(A), substituted "an
individual who is a senior judge of the court under this
subparagraph" for "a senior judge of the court", and added subpar.
(B).
Subsec. (e)(2). Pub. L. 102-190, Sec. 1061(b)(1)(A)(ii), (v),
redesignated par. (2)(B) as (2) and incorporated former par. (2)(A)
into par. (1)(A).
Subsec. (e)(3), (4), (6). Pub. L. 102-190, Sec. 1061(b)(1)(B),
substituted "paragraph (1)" for "paragraph (2)" wherever appearing.
Subsec. (f)(1)(C). Pub. L. 102-190, Sec. 1061(b)(2)(A), added
subpar. (C).
Subsec. (f)(2) to (4). Pub. L. 102-190, Sec. 1061(b)(2)(B), (C),
added par. (2) and redesignated former pars. (2) and (3) as (3) and
(4), respectively.
1990 - Subsec. (b)(1). Pub. L. 101-510, Sec. 541(f)(1),
substituted "civilian life" for "civil life".
Subsec. (b)(4). Pub. L. 101-510, Sec. 541(f)(2), added par. (4).
EFFECTIVE DATE OF 1991 AMENDMENT
Section 1061(b)(1)(D) of Pub. L. 102-190 provided that: "The
amendments made by this paragraph [amending this section and
section 945 of this title] shall take effect as of November 29,
1989."
EFFECTIVE DATE FOR REPEAL OF TERMINATION OF AUTHORITY FOR CHIEF
JUSTICE OF UNITED STATES TO DESIGNATE ARTICLE III JUDGES FOR
TEMPORARY SERVICE ON COURT OF APPEALS FOR THE ARMED FORCES
Pub. L. 104-201, div. A, title X, Sec. 1074(c)(2), Sept. 23,
1996, 110 Stat. 2660, provided that: "The authority provided under
section 942(f) of title 10, United States Code, shall be effective
as if section 1142 of the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 467) [repealing
section 1301(i) of Pub. L. 101-189, set out below] had been enacted
on September 29, 1995."
TRANSITIONAL PROVISIONS
Section 1301(d)-(i) of Pub. L. 101-189, as amended by Pub. L. 104-
106, div. A, title XI, Sec. 1142, Feb. 10, 1996, 110 Stat. 467;
Pub. L. 104-201, div. A, title X, Sec. 1068(c), Sept. 23, 1996, 110
Stat. 2655, provided that:
"(d) Transition From Three-Judge Court to Five-Judge Court. - (1)
Effective during the period before October 1, 1990 -
"(A) the number of members of the United States Court of
Military Appeals [now United States Court of Appeals for the
Armed Forces] shall (notwithstanding subsection (a) of section
942 of title 10, United States Code, as enacted by subsection
(c)) be three; and
"(B) the maximum number of members of the court who may be
appointed from the same political party shall (notwithstanding
subsection (b)(3) of section 942) be two.
"(2) In the application of paragraph (2) of section 942(b) of
title 10, United States Code (as enacted by subsection (c)) to the
judge who is first appointed to one of the two new positions of the
court created as of October 1, 1990, as designated by the President
at the time of appointment, the anniversary referred to in
subparagraph (A) of that paragraph shall be treated as being the
seventh anniversary and the number of years referred to in
subparagraph (B) of that paragraph shall be treated as being seven.
"(e) Transition Rules Relating to Retirement of New Judges. - (1)
Except as otherwise provided in paragraphs (2) and (3), a judge to
whom subsection (d)(2) applies shall be eligible for an annuity as
provided in section 945 of title 10, United States Code, as enacted
by subsection (c).
"(2) The annuity of a judge referred to in paragraph (1) is
computed under subsection (b) of such section 945 only if the judge
-
"(A) completes the term of service for which he is first
appointed;
"(B) is reappointed as a judge of the United States Court of
Military Appeals [now United States Court of Appeals for the
Armed Forces] at any time after the completion of such term of
service;
"(C) is separated from civilian service in the Federal
Government after completing a total of 15 years as a judge of
such court; and
"(D) elects to receive an annuity under such section in
accordance with subsection (a)(2) of such section.
"(3) In the case of a judge referred to in paragraph (1) who is
separated from civilian service after completing the term of
service for which he is first appointed as a judge of the United
States Court of Military Appeals [now United States Court of
Appeals for the Armed Forces] and before completing a total of 15
years as a judge of such court, the annuity of such judge (if
elected in accordance with section 945(a)(2) of title 10, United
States Code) shall be 1/15 of the amount computed under
subsection (b) of such section times the number of years (including
any fraction thereof) of such judge's service as a judge of the
court.
"(f) Applicability of Amended Retirement Provisions. - Except as
otherwise provided in subsections (c) and (d), section 945 of title
10, United States Code, as enacted by subsection (c), applies with
respect to judges of the 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 September 28, 1988, and to
the survivors of such judges.
"(g) Terms of Current Judges. - Section 942(b) of title 10,
United States Code, as enacted by subsection (c), shall not apply
to the term of office of a judge of the United States Court of
Military Appeals [now United States Court of Appeals for the Armed
Forces] serving on such court on the date of the enactment of this
Act [Nov. 29, 1989]. The term of office of such a judge shall
expire on the later of (A) the date the term of such judge would
have expired under section 867(a)(1) of title 10, United States
Code, as in effect on the day before such date of enactment, or (B)
September 30 of the year in which the term of such judge would have
expired under such section 867(a)(1).
"(h) Civil Service Status of Current Employees. - Section 943(c)
of title 10, United States Code, as enacted by subsection (c),
shall not be applied to change the civil service status of any
attorney who is an employee of the United States Court of Military
Appeals [now United States Court of Appeals for the Armed Forces]
on the day before the date of the enactment of this Act [Nov. 29,
1989]."