Page:United States Statutes at Large Volume 103 Part 1.djvu/647

 PUBLIC LAW 101-94—AUG. 16, 1989 103 STAT. 619 for any period beginning after the day on which such election is filed; and "(C) such individual shall be paid the lump-sum credit com- puted under section 8331(8) or 8401(a) of title 5, whichever applies, upon making application therefor with the Office of Personnel Management. "(g)(1) A judge who becomes permanently disabled and as a result of that disability is unable to perform the duties of the office shall certify to the President in writing that such permanent disability exists. If the chief judge retires for such a disability, the retirement of the chief judge shall not take effect until concurred in by the President. If any other judge retires for such a disability, the chief judge shall furnish to the President a certificate of disability signed tjy the chief judge. "(2) Whenever the President finds that a judge has become perma- President of nently disabled and as a result of that disability is unable to perform U.S. the duties of the office, the President shall declare that judge to be retired. Before a judge may be retired under this paragraph, the judge shall be provided with a full specification of the reasons for the retirement and an opportunity to be heard. "(h)(1) An individual who has filed an election to receive retired pay under subsection (c) of this section may revoke such election at any time before the first day on which retired pay would (but for such revocation) begin to accrue with respect to such individual. "(2) Any revocation under this subsection shall be made by filing a notice of the election in writing with the Director of the Office of Personnel Management. The Office of Personnel Management shall transmit to the chief judge a copy of each notice filed under this subsection. "(3) In the case of a revocation under this subsection— "(A) for purposes of this section, the individual shall be treated as not having filed an election to receive retired pay under subsection (c) of this section; "(B) for purposes of section 4097 of this title— "(i) the individual shall be treated as not having filed an election under section 4097(b) of this title, and ' "(ii) section 4097(e) of this title shall not apply and the amount credited to such individual's account (together with interest at 3 percent per year, compounded on December 31 of each year to the date on which the revocation is filed) shall be returned to the individual; "(C) no credit shall be allowed for any service as a judge of the Court unless with respect to such service either there has been ffl deducted and withheld the amount required by the civil service retirement laws or there has been deposited in the Civil Service Retirement and Disability Fund an amount equal to the amount ••M SO required, with interest; "(D) the Court shall deposit in the Civil Service Retirement and Disability Fund an amount equal to the additional amount it would have contributed to such Fund but for the election
 * i*.-- under subsection (d); and

"(E) if subparagraphs (C) and (D) of this paragraph are com- plied with, service on the Court shall be treated as service with respect to which deductions and contributions had been made during the period of service. "(i)(l) Beginning with the next pay period after the Director of the Office of Personnel Management receives a notice under subsection

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