10 U.S.C. § 945 : US Code - Section 945: Art. 145. Annuities for judges and survivors

Search 10 U.S.C. § 945 : US Code - Section 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.