Notes on 10 U.S.C. § 945 : US Code - Notes

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

(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.]."