941. 141. Status.
942. 142. Judges.
943. 143. Organization and employees.
944. 144. Procedure.
945. 145. Annuities for judges and survivors.
946. 146. 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 1 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 may be appointed from
the same political party, and no person may be appointed to be
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 the 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 annuity under section 945 of this title (article 145) or under
subchapter III of chapter 83 or chapter 84 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 be 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 judge 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 Senate and House of
Representatives not later than 15 days after the issuance of such
rules or amendments, as the case may be.
(6) For the purposes of subchapter III 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, 8342, or 8432 of title 5 or under other
such retirement system for any period during which the
senior judge performs duties refereed 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 a re
employed 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 shall have precedence according to
seniority in age.
(c) STATUS OF ATTORNEY POSITIONS.
(1) Attorney positions of employment under the Court of
Military Appeals are exempted 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, as 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 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 any 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 85 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
(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
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 form 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 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
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 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 an 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 f the
Department of Defense Military Retirement Fund.
946. ART. 146. CODE COMMITTEE
(a) ANNUAL SURVEY. A committee shall beet 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) Amy 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) QUALIFICATION 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.
