Page:United States Statutes at Large Volume 102 Part 5.djvu/660

 102 STAT. 4666 28 USC 611 note.

Uniformed services.

28 USC 371 note.

PUBLIC LAW 100-702—NOV. 19, 1988

(b) EFFECTIVE DATE.—The amendments made by this section shall apply to cost-of-living increases that go into effect on or after the date of enactment of this title with respect to any annuity being paid or becoming payable on or after such date. SEC. 1005. MILITARY RETIREMENT PAY FOR SENIOR OR RETIRED JUDGES. (a) AMENDMENTS TO SECTION 371.—Section 371 is amended by adding at the end thereof the following new subsection: "(e) Notwithstanding subsection (c) of section 5532 of title 5, if a r ^ u l a r or reserve member or former member of a uniformed service who is receiving retired or retainer pay becomes employed as a justice or judge of the United States, as defined by section 451, or becomes eligible therefor while so employed, such retired or retainer pay shall not be paid during r ^ u l a r active service as a justice or judge, but shall be resumed or commenced without reduction upon retirement from the judicial office or from regular active service (into senior status) as such justice or judge.". (b) EFFECTIVE DATE.—The amendment made by this section shall apply to a justice or judge who retires, or has retired, from the judicial office or from r ^ u l a r active service (into senior status) as such justice or judge of the United States on or after the effective date of section 5532(c) of title 5, and to whom section 5532(c) would otherwise be applicable. SEC. 1006. AMENDMENTS TO CONFORM SECTIONS 611 AND 627 TO THE FEDERAL EMPLOYEES' RETIREMENT SYSTEM ACT OF 1986. (a) AMENDMENTS TO SECTIONS 611 AND 627.— (1) Section 611(a) is amended to read as follows: "(a) The Director may, by written election filed with the (IJhief Justice of the United States within 6 months after the date on which he takes office, waive coverage under chapter 83 of title 5, subchapter III (the Civil Service Retirement System) or chapter 84 of title 5 (the Federal Employees' Retirement System), whichever is applicable, and bring himself within the purview of this section. A Director who elects coverage under this section shall be deemed an 'employee' for purposes of chapter 84 of title 5, subchapter III, regarcQess of whether he has waived the coverage of chapter 83, subchapter III, or chapter 84. Waiver of coverage under chapter 83, subchapter i n, and election of this section shall not operate to foreclose to the Director, upon separation from service other than by retirement, such opportunity as the law may provide to secure retirement credit under chapter 83 for service as Director by depositing with interest the amount required by section 8334 of title 5. A Director who waives coverage under chapter 84 and elects this section may secure retirement credit under chapter 84 for service as Director by depositing with interest 1.3 percent of basic pay for service from January 1, 1984, through December 31, 1986, and the amount referred to in section 8422(a) of title 5, for service after December 31, 1986. Interest shall be computed under section 8334(e) of title 5.". (2) Section 627(b) is amended, following the words "Provided, however,", to read as follows: "That the Director, upon written notice filed with the Director of the Administrative Office of the United States C!ourts within 6 months after the date on which he takes office, may waive coverage under chapter 83 of title 5, subchapter III (the Civil Service Retire-

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