Page:United States Statutes at Large Volume 103 Part 1.djvu/646

 103 STAT. 618 PUBLIC LAW 101-94—AUG. 16, 1989 "(3) A judge who becomes permanently disabled and as a result of that disability is unable to perform the duties of the office shall retire. "(c)(1) An individual who retires under subsection (b) of this section and elects under subsection (d) of this section to receive retired pay under this subsection shall (except as provided in para- graph (2) of this subsection) receive retired pay at the rate of pay in effect at the time of retirement. "(2) An individual who serves as a judge for less than 10 years and who retires under subsection (b)(3) of this section and elects under subsection (d) of this section to receive retired pay under this subsection shall receive retired pay at a rate equal to one-half of the rate of pay in effect at the time of retirement. "(3) Retired pay under this subsection shall begin to accrue on the day following the day on which the individual's salary as judge ceases to accrue and shall continue to accrue during the remainder of the individual's life. Retired pay under this subsection shall be paid in the same manner as the salary of a judge. "(d)(1) A judge may elect to receive retired pay under subsection (c) of this section. Such an election— "(A) may be made only while an individual is a judge (except that, in the case of an individual who fails to be reappointed as judge at the expiration of a term of office, the election may be made at any time before the date after the day on which the individual's successor takes office); and "(B) may not be revoked after the retired pay begins to accrue. "(2) In the case of a judge other than the chief judge, such an election shall be made by filing notice of the election in writing with the chief judge. In the case of the chief judge, such an election shall be made by filing notice of the election in writing with the Director of the Office of Personnel Management. "(3) The chief judge shall transmit to the Director of the Office of Personnel Management a copy of each notice filed with the chief judge under this subsection. "(e) If an individual for whom an election to receive retired pay under subsection (c) is in effect accepts compensation for employ- ment with the United States, the individual shall, to the extent of the amount of that compensation, forfeit all rights to retired pay under subsection (c) of this section for the period for which the compensation is received. "(f)(1) Except as otherwise provided in this subsection, the provi- sions of the civil service retirement laws (including the provisions relating to the deduction and withholding of amounts from basic pay, salary, and compensation) shall apply with respect to service as a judge as if this section had not been enacted. "(2) In the CEise of any individual who has filed an election to receive retired pay under subsection (c) of this section— "(A) no annuity or other payment shall be payable to any person under the civil service retirement laws with respect to any service performed by such individual (whether performed before or after such election is filed and whether performed as judge or otherwise); "(B) no deduction for purposes of the Civil Service Retirement and Disability Fund shall be made from retired pay payable to that individual under subsection (c) of this section or from any other salary, pay, or compensation payable to that individual,

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