§ 942. Art. 142. Judges

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1989

   National Defense Authorization Act for Fiscal Years 1990 and 1991

   Pub. L. 101–189 div. A title XIII § 1301(c) · 103 Stat. 1352

   Enacted · 10 U.S.C. § 942

   Added Pub. L. 101–189, div. A, title XIII, § 1301(c), Nov. 29, 1989, 103 Stat. 1570

   Source evidence

   Code source credit
   Added Pub. L. 101–189, div. A, title XIII, § 1301(c), Nov. 29, 1989, 103 Stat. 1570

   Enacted provision · exact public law section
   (c) Restatement and Revision of COMA Charter.— Chapter 47 of such title is amended by adding at the end the following new subchapter: “SUBCHAPTER XI— COURT OF MILITARY APPEALS “Sec. Art. “941. Status. “942. Judges. “943. Organization and employees. “944. Procedure. “945. Annuities for judges and survivors. “946. Code committee. “§ 941. Art. 141. Status “There is a court of record known as the United States Court of Military Appeals. The court is established under article I of the Constitution. The court is located for administrative purposes only in the Department of Defense. “§ 942. Art. 142. Judges “(a) Number.— The United States Court of Military Appeals consists of five judges. “(b) Appointment; Qualification.— (1) Each judge of the court shall be appointed from civil life by the President, by and with the advice and consent of the Senate, for a specified term determined under paragraph (2). A judge may serve as a senior judge as provided in subsection (e). “(2) The term of a judge shall expire as follows: “(A) In the case of a judge who is appointed after March 31 and before October 1 of any year, the term shall expire on September 30 of the year in which the fifteenth anniversary of the appointment occurs. “(B) In the case of a judge who is appointed after September 30 of any year and before April 1 of the following year, the term shall expire fifteen years after such September 30. “(3) Not more than three of the judges of the court may be appointed from the same political party, and no person may be appointed to be a judge of the court unless the person is a member of the bar of a Federal court or the highest court of a State. “(c) Removal.— Judges of the court may be removed from office by the President, upon notice and hearing, for— “(1) neglect of duty; “(2) misconduct; or “(3) mental or physical disability. A judge may not be removed by the President for any other cause. “(d) Pay and Allowances.— Each judge of the court is entitled to the same salary and travel allowances as are, and from time to time may be, provided for judges of the United States Courts of Appeals. “(e) Senior Judges.— (1) A former judge of the court who is receiving retired pay or an annuity under section 945 of this title (article 145) or under subchapter III of chapter 83 or chapter 84 of title 5 shall be a senior judge. “(2) (A) The chief judge of the court may call upon a senior judge of the court, with the consent of the senior judge, to perform judicial duties with the court— “(i) during a period a judge of the court is unable to perform his duties because of illness or other disability; “(ii) during a period in which a position of judge of the court is vacant; or “(iii) in any case in which a judge of the court recuses himself. “(B) A senior judge shall be paid for each day on which he performs judicial duties with the court an amount equal to the daily equivalent of the annual rate of pay provided for a judge of the court. Such pay shall be in lieu of retired pay and in lieu of an annuity under section 945 of this title (article 145), subchapter III of chapter 83 or subchapter II of chapter 84 of title 5, or any other retirement system for employees of the Federal Government. “(3) A senior judge, while performing duties referred to in paragraph (2), shall he provided with such office space and staff assistance as the chief judge considers appropriate and shall be entitled to the per diem, travel allowances, and other allowances provided for judges of the court. “(4) A senior judge shall be considered to be an officer or employee of the United States with respect to his status as a senior judge, but only during periods the senior judge is performing duties referred to in paragraph (2). For the purposes of section 205 of title 18, a senior jud^e shall be considered to be a special government employee during such periods. Any provision of law that prohibits or limits the political or business activities of an employee of the United States shall apply to a senior judge only during such periods. “(5) The court shall prescribe rules for the use and conduct of senior judges of the court. The chief judge of the court shall transmit such rules, and any amendments to such rules, to the Committees on Armed Services of the Senate and the House of Representatives not later than 15 days after the issuance of such rules or amendments, as the case may be. “(6) For purposes of subchapter HI of chapter 83 of title 5 (relating to the Civil Service Retirement and Disability System) and chapter 84 of such title (relating to the Federal Employees’ Retirement System) and for purposes of any other Federal Government retirement system for employees of the Federal Government— “(A) a period during which a senior judge performs duties referred to in paragraph (2) shall not be considered creditable service; “(B) no amount shall be withheld from the pay of a senior judge as a retirement contribution under section 8334, 8343, 8422, or 8432 of title 5 or under any other such retirement system for any period during which the senior judge performs duties referred to in paragraph (2); “(C) no contribution shall be made by the Federal Government to any retirement system with respect to a senior judge for any period during which the senior judge performs duties referred to in paragraph (2); and “(D) a senior judge shall not be considered to be a reemployed annuitant for any period during which the senior judge performs duties referred to in paragraph (2). “(f) Service of Article III Judges.— (1) The Chief Justice of the United States, upon the request of the chief judge of the court, may designate a judge of a United States court of appeals or of a United States district court to perform the duties of judge of the United States Court of Military Appeals— “(A) during a period a judge of the court is unable to perform his duties because of illness or other disability; or “(B) in any case in which a judge of the court recuses himself. “(2) A designation under paragraph (1) may be made only with the consent of the designated judge and the concurrence of the chief judge of the court of appeals or district court concerned. “(3) Per diem, travel allowances, and other allowances paid to the designated judge in connection with the performance of duties for the court shall be paid from funds available for the payment of per diem and such allowances for judges of the court. “(g) Effect of Vacancy on Court.— A vacancy on the court does not impair the right of the remaining judges to exercise the powers of the court “§ 943. Art 143. Organization and employees “(a) Chief Judge.— The President shall designate from time to time one of the judges of the United States Court of Military Appeals to be chief judge of the court. “(b) Precedence of Judges.— The chief judge of the court shall have precedence and preside at any session that he attends. The other judges shall have precedence and preside according to the seniority of their original commissions. Judges whose commissions bear the same date snail have precedence according to seniority in age. “(c) Status of Attorney Positions.— (1) Attorney positions of employment under the Court of Military Appeals are excepted from the competitive service. Appointments to such positions shall be made by the court, without the concurrence of any other officer or employee of the executive branch, in the same manner as appointments are made to other executive branch positions of a confidential or policy-determining character for which it is not practicable to examine or to hold a competitive examination. Such positions shall not be counted as positions of that character for purposes of any limitation on the number of positions of that character provided in law. “(2) In making appointments to the positions described in paragraph (1), preference shall be given, among equally qualified persons, to persons who are preference eligibles (as defined in section 2108(3) of title 5). “§ 944. Art. 144. Procedure “The United States Court of Military Appeals may prescribe its rules of procedure and may determine the number of judges required to constitute a quorum. “§ 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 Military Appeals is eligible for an annuity under this section upon separation from civilian service in the Federal Government. “(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 Military Appeals. “(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 Military Appeals 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 Regulations. 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 Regulations. 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. “§ 946. Art. 146. Code committee “(a) Annual Survey.— A committee shall meet at least annually and shall make an annual comprehensive survey of the operation of this chapter. “(b) Composition of Committee.— The committee shall consist of— “(1) the judges of the United States Court of Military Appeals; “(2) the Judge Advocates General of the Army, Navy, and Air Force, the Chief Counsel of the Coast Guard, and the Staff Judge Advocate to the Commandant of the Marine Corps; and “(3) two members of the public appointed by the Secretary of Defense. “(c) Reports.— (1) After each such survey, the committee shall submit a report— “(A) to the Committees on Armed Services of the Senate and House of Representatives; and “(B) to the Secretary of Defense, the Secretaries of the military departments, and the Secretary of Transportation. “(2) Each report under paragraph (1) shall include the following: “(A) Information on the number and status of pending cases. “(B) Any recommendation of the committee relating to— “(i) uniformity of policies as to sentences; “(ii) amendments to this chapter; and “(iii) any other matter the committee considers appropriate. “(d) Qualifications and Terms of Appointed Members.— Each member of the committee appointed by the Secretary of Defense under subsection (b)(3) shall be a recognized authority in military justice or criminal law. Each such member shall be appointed for a term of three years. “(e) Applicability of Federal Advisory Committee Act.— The Federal Advisory Committee Act (5 U.S.C. App. I) shall not apply to the committee.”.

2. 1990

   National Defense Authorization Act for Fiscal Year 1991

   Pub. L. 101–510 § 541(f)(1) · 104 Stat. 1485

   Substituted · 10 U.S.C. § 942(b)(1)

   Pub. L. 101–510, § 541(f)(1), substituted “civilian life” for “civil life”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 101–510, § 541(f)(1), substituted “civilian life” for “civil life”.

   Enacted provision · exact public law section
   (1) by striking out “civil life” in paragraph (1) and inserting in lieu thereof “civilian life”; and

3. 1990

   National Defense Authorization Act for Fiscal Year 1991

   Pub. L. 101–510 § 541(f)(2) · 104 Stat. 1485

   Added · 10 U.S.C. § 942(b)(4)

   Pub. L. 101–510, § 541(f)(2), added par. (4)

   Source evidence

   Code amendment note
   Subsec. (b)(4). Pub. L. 101–510, § 541(f)(2), added par. (4).

   Enacted provision · exact public law section
   (2) by adding at the end the following new paragraph: “(4) For purposes of appointment of judges to the court, a person retired from the armed forces after 20 or more years of active service (whether or not such person is on the retired list) shall not be considered to be in civilian life.”.

4. 1991

   National Defense Authorization Act for Fiscal Years 1992 and 1993

   Pub. L. 102–190 § 1061(b)(1)(A)(i) · 105 Stat. 1290

   1. Amended · 10 U.S.C. § 942(e)(1)

      Pub. L. 102–190, § 1061(b)(1)(A)(i)–(iv), designated existing provisions as subpar. (A)

   2. Struck · 10 U.S.C. § 942(e)(1)

      Pub. L. 102–190, § 1061(b)(1)(A)(i)–(iv), struck out “(2)(A)” before “The chief judge”, moved sentence beginning “The chief judge of the court” to end of par. (1)(A)

   3. Substituted · 10 U.S.C. § 942(e)(1)

      Pub. L. 102–190, § 1061(b)(1)(A)(i)–(iv), substituted “an individual who is a senior judge of the court under this subparagraph” for “a senior judge of the court”

   4. Added · 10 U.S.C. § 942(e)(1)

      Pub. L. 102–190, § 1061(b)(1)(A)(i)–(iv), added subpar. (B)

   Source evidence

   Code amendment note
   Subsec. (e)(1). Pub. L. 102–190, § 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).

   Enacted provision · exact public law section
   (i) by inserting “(A)” after “(1)”;

5. 1991

   National Defense Authorization Act for Fiscal Years 1992 and 1993

   Pub. L. 102–190 § 1061(b)(1)(A)(ii) · 105 Stat. 1290

   Redesignated · 10 U.S.C. § 942(e)(2)

   Pub. L. 102–190, § 1061(b)(1)(A)(ii), (v), redesignated par. (2)(B) as (2) and incorporated former par. (2)(A) into par. (1)(A)

   Source evidence

   Code amendment note
   Subsec. (e)(2). Pub. L. 102–190, § 1061(b)(1)(A)(ii), (v), redesignated par. (2)(B) as (2) and incorporated former par. (2)(A) into par. (1)(A).

   Enacted provision · exact public law section
   (ii) by striking out “(2)(A)” before “The chief judge of the court” and realigning the sentence beginning “The chief judge of the court” so as to appear at the end of paragraph (1)(A) (as designated by clause (i));

6. 1991

   National Defense Authorization Act for Fiscal Years 1992 and 1993

   Pub. L. 102–190 § 1061(b)(1)(B) · 105 Stat. 1290

   Substituted · 10 U.S.C. § 942(e)(3); 10 U.S.C. § 942(e)(4); 10 U.S.C. § 942(e)(6)

   Pub. L. 102–190, § 1061(b)(1)(B), substituted “paragraph (1)” for “paragraph (2)” wherever appearing

   Source evidence

   Code amendment note
   Subsec. (e)(3), (4), (6). Pub. L. 102–190, § 1061(b)(1)(B), substituted “paragraph (1)” for “paragraph (2)” wherever appearing.

   Enacted provision · exact public law section
   (B) Paragraphs (3), (4), and (6) of such section are amended by striking out “paragraph (2)” each place it appears and inserting in lieu thereof “paragraph (1)”.

7. 1991

   National Defense Authorization Act for Fiscal Years 1992 and 1993

   Pub. L. 102–190 § 1061(b)(2)(A) · 105 Stat. 1290

   Added · 10 U.S.C. § 942(f)(1)(C)

   Pub. L. 102–190, § 1061(b)(2)(A), added subpar. (C)

   Source evidence

   Code amendment note
   Subsec. (f)(1)(C). Pub. L. 102–190, § 1061(b)(2)(A), added subpar. (C).

   Enacted provision · exact public law section
   (A) in paragraph (1)— (i) by striking out “or” at the end of subparagraph (A); (ii) by striking out the period at the end of subparagraph (B) and inserting in lieu thereof or”; and (iii) by adding at the end the following: “(C) during a period when there is a vacancy on the court and in the opinion of the chief judge of the court such a designation is necessary for the proper dispatch of the business of the court.”;

8. 1991

   National Defense Authorization Act for Fiscal Years 1992 and 1993

   Pub. L. 102–190 § 1061(b)(2)(B) · 105 Stat. 1290

   1. Added · 10 U.S.C. § 942(f)(2)(4)

      Pub. L. 102–190, § 1061(b)(2)(B), (C), added par. (2)

   2. Redesignated · 10 U.S.C. § 942(f)(2)(4)

      Pub. L. 102–190, § 1061(b)(2)(B), (C), redesignated former pars. (2) and (3) as (3) and (4), respectively

   Source evidence

   Code amendment note
   Subsec. (f)(2) to (4). Pub. L. 102–190, § 1061(b)(2)(B), (C), added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively.

   Enacted provision · exact public law section
   (B) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and

9. 1994

   National Defense Authorization Act for Fiscal Year 1995

   Pub. L. 103–337 div. A title IX § 924(c)(1) · 108 Stat. 2663

   Substituted · 10 U.S.C. § 942(a); 10 U.S.C. § 942(f)(1)

   Pub. L. 103–337 substituted “Court of Appeals for the Armed Forces” for “Court of Military Appeals”

   Source evidence

   Code amendment note
   Subsecs. (a), (f)(1). Pub. L. 103–337 substituted “Court of Appeals for the Armed Forces” for “Court of Military Appeals”.

   Enacted provision · exact public law section
   (1) The following sections are amended by striking out “Court of Military Appeals” each place it appears and inserting in lieu thereof “Court of Appeals for the Armed Forces”: sections 707(a)(2), 866(e), 867, 867a(a), 870, 871(c)(1), 873, 942, 943, 944, 945, and 946(b)(1).

10. 1996

    National Defense Authorization Act for Fiscal Year 1996

    Pub. L. 104–106 div. A title XV § 1502(a)(2) · 110 Stat. 186

    Substituted · 10 U.S.C. § 942(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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (2) Sections 178(c)(1)(A), 942(e)(5), 2350flc), 7426(e), 7431(a), 7431(b)(1), 7431(c), 7438(b), 12302(b), 18235(a), and 18236(a) are amended by striking out “Committees on Armed Services of the Senate and the House of Representatives” and inserting in lieu thereof “Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives”.

11. 1999

    Pub. L. 106–65 div. A title X § 1067(1) · 113 Stat. 512

    Substituted · 10 U.S.C. § 942(e)(5)

    Pub. L. 106–65 substituted “and the Committee on Armed Services” for “and the Committee on National Security”

    Source evidence

    Code amendment note
    Subsec. (e)(5). Pub. L. 106–65 substituted “and the Committee on Armed Services” for “and the Committee on National Security”.

    Enacted provision · exact public law section
    (1) Title 10, United States Code.

12. 2013

    National Defense Authorization Act for Fiscal Year 2014

    Pub. L. 113–66 div. A title V § 531(a) · 127 Stat. 672

    Amended · 10 U.S.C. § 942(b)(4)

    Pub. L. 113–66 amended par. (4) generally. Prior to amendment, par. (4) read as follows: “For purposes of appointment of judges to the court, a person retired from the armed forces after 20 or more years of active service (whether or not such person is on the retired list) shall not be considered to be in civilian life.”

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 113–66 amended par. (4) generally. Prior to amendment, par. (4) read as follows: “For purposes of appointment of judges to the court, a person retired from the armed forces after 20 or more years of active service (whether or not such person is on the retired list) shall not be considered to be in civilian life.”

    Enacted provision · exact public law section
    (a) Modification.— Paragraph (4) of section 942(b) of title 10, United States Code (article 142(b) of the Uniform Code of Military Justice), is amended to read as follows: “(4) A person may not be appointed as a judge of the court within seven years after retirement from active duty as a commissioned officer of a regular component of an armed force.” .

13. 2014

    Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015

    Pub. L. 113–291 § 540(a)(1) · 128 Stat. 3292

    1. Substituted · 10 U.S.C. § 942(b)(2)(A)

       Pub. L. 113–291, § 540(a)(1), substituted “January 31” for “March 31”

    2. Substituted · 10 U.S.C. § 942(b)(2)(A)

       Pub. L. 113–291, § 540(a)(1), substituted “July 31 of any year” for “October 1 of any year”

    3. Substituted · 10 U.S.C. § 942(b)(2)(A)

       Pub. L. 113–291, § 540(a)(1), substituted “July 31 of the year” for “September 30 of the year”

    Source evidence

    Code amendment note
    Subsec. (b)(2)(A). Pub. L. 113–291, § 540(a)(1), substituted “January 31” for “March 31”, “July 31 of any year” for “October 1 of any year”, and “July 31 of the year” for “September 30 of the year”.

    Enacted provision · exact public law section
    (1) in subparagraph (A)— (A) by striking “March 31” and inserting “January 31”; (B) by striking “October 1” and inserting “July 31”; and (C) by striking “September 30” and inserting “July 31”; and

14. 2014

    Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015

    Pub. L. 113–291 § 540(a)(2) · 128 Stat. 3292

    1. Substituted · 10 U.S.C. § 942(b)(2)(B)

       Pub. L. 113–291, § 540(a)(2), substituted “July 31” for “September 30”

    2. Substituted · 10 U.S.C. § 942(b)(2)(B)

       Pub. L. 113–291, § 540(a)(2), substituted “February 1” for “April 1”

    Source evidence

    Code amendment note
    Subsec. (b)(2)(B). Pub. L. 113–291, § 540(a)(2), substituted “July 31” for “September 30” in two places and “February 1” for “April 1”.

    Enacted provision · exact public law section
    (2) in subparagraph (B)— (A) by striking “September 30” each place it appears and inserting “July 31”; and (B) by striking “April 1” and inserting “February 1”.

15. 2016

    National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 § 541(b)(2) · 130 Stat. 2000

    1. Amended · 10 U.S.C. § 942(b)(2)

       Pub. L. 114–328, § 541(b)(2), designated existing provisions as subpar. (A)

    2. Redesignated · 10 U.S.C. § 942(b)(2)

       Pub. L. 114–328, § 541(b)(2), redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, of subpar. (A), realigned margins

    3. Added · 10 U.S.C. § 942(b)(2)

       Pub. L. 114–328, § 541(b)(2), added subpar. (B)

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 114–328, § 541(b)(2), designated existing provisions as subpar. (A), redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, of subpar. (A), realigned margins, and added subpar. (B).

    Enacted provision · exact public law section
    (2) Staggering of future appointments.— Section 942(b)(2) of title 10, United States Code (article 142(b)(2) of the Uniform Code of Military Justice), is amended— (A) by inserting “(A)” after “(2)”; (B) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; and (C) by adding at the end the following new subparagraph: “(B) If at the time of the appointment of a judge the date that is otherwise applicable under subparagraph (A) for the expiration of the term of service of the judge is the same as the date for the expiration of the term of service of a judge already on the court, then the term of the judge being appointed shall expire on the first July 31 after such date on which no term of service of a judge already on the court will expire.” .

    Effective date note
    Pub. L. 114–328, div. A, title V, § 541(b)(3), Dec. 23, 2016, 130 Stat. 2125, provided that: “The amendments made by paragraph (2) [amending this section] shall apply with respect to appointments to the United States Court of Appeals for the Armed Forces that are made on or after the date of the enactment of this Act [Dec. 23, 2016].”

16. 2016

    National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 § 541(c) · 130 Stat. 2000

    Substituted · 10 U.S.C. § 942(b)(3)

    Pub. L. 114–328, § 541(c), substituted “No” for “Not more than three of the judges of the court may be appointed from the same political party, and no”

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 114–328, § 541(c), substituted “No” for “Not more than three of the judges of the court may be appointed from the same political party, and no”.

    Enacted provision · exact public law section
    (c) Repeal of Requirement Relating to Political Party Status of Judges of the Court.— Section 942(b)(3) of title 10, United States Code (article 142(b)(3) of the Uniform Code of Military Justice), is amended by striking “Not more than three of the judges of the court may be appointed from the same political party, and no” and by inserting “No”.

    Effective date note
    Pub. L. 114–328, div. A, title V, § 541(b)(3), Dec. 23, 2016, 130 Stat. 2125, provided that: “The amendments made by paragraph (2) [amending this section] shall apply with respect to appointments to the United States Court of Appeals for the Armed Forces that are made on or after the date of the enactment of this Act [Dec. 23, 2016].”

17. 2016

    National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 § 541(d) · 130 Stat. 2000

    Substituted · 10 U.S.C. § 942(e)(2)

    Pub. L. 114–328, § 541(d), substituted “equal to the difference between—” and subpars. (A) and (B) for “equal to the daily equivalent of the annual rate of pay provided for a judge of the court. Such pay shall be in lieu of retired pay and in lieu of an annuity under section 945 of this title (article 145), subchapter III of chapter 83 or subchapter II of chapter 84 of title 5, or any other retirement system for employees of the Federal Government.”

    Source evidence

    Code amendment note
    Subsec. (e)(2). Pub. L. 114–328, § 541(d), substituted “equal to the difference between—” and subpars. (A) and (B) for “equal to the daily equivalent of the annual rate of pay provided for a judge of the court. Such pay shall be in lieu of retired pay and in lieu of an annuity under section 945 of this title (article 145), subchapter III of chapter 83 or subchapter II of chapter 84 of title 5, or any other retirement system for employees of the Federal Government.”

    Enacted provision · exact public law section
    (d) Modification of Daily Rate of Compensation for Senior Judges Performing Judicial Duties With the Court.— Section 942(e)(2) of title 10, United States Code (article 142(e)(2) of the Uniform Code of Military Justice), is amended by striking “equal to” and all that follows and inserting “equal to the difference between— “(A) the daily equivalent of the annual rate of pay provided for a judge of the court; and “(B) the daily equivalent of the annuity of the judge under section 945 of this title (article 145), the applicable provisions of title 5, or any other retirement system for employees of the Federal Government under which the senior judge receives an annuity.” .

    Effective date note
    Pub. L. 114–328, div. A, title V, § 541(b)(3), Dec. 23, 2016, 130 Stat. 2125, provided that: “The amendments made by paragraph (2) [amending this section] shall apply with respect to appointments to the United States Court of Appeals for the Armed Forces that are made on or after the date of the enactment of this Act [Dec. 23, 2016].”

26 of 26 references resolved to an enrolled provision