RETIREMENT OF JUDGES OF THE COURT OF MILITARY APPEALS.

SEC. 1062. RETIREMENT OF JUDGES OF THE COURT OF MILITARY APPEALS. (a) In General.—(1) Section 945 (article 145) of title 10, United States Code, is amended by adding at the end the following: “(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 Military Appeals, 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. 106 STAT. 2505 “(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.”. (2) The amendment made by paragraph (1) shall apply with respect to any appointment which takes effect on or after the date of the enactment of this Act. (b) Additional Elections.—(1) Any individual who is a judge in active service on the United States Court of Military Appeals shall be eligible to make an election under section 301(a)(2) of the Federal Employees’ Retirement System Act of 1986 if— (A) such individual is such a judge on the date of the enactment of this Act; 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; and (B) may not be revoked. (3) For the purpose of this subsection, a judge of the United States Court of Military Appeals 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 and chapter 21 of the Internal Revenue Code of 1986.