Page:United States Statutes at Large Volume 103 Part 2.djvu/561

 PUBLIC LAW 101-189—NOV. 29, 1989 103 STAT. 1571 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 para- graph (2), shall be provided with such office space and staff assist- ance 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 the Senate and the House of Representatives not later than 15 days after the issuance of such rules or amend- ments, as the case may be. "(6) For 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 retire- ment svstem 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, 8422, or 8432 of title 5 or under any other such retirement system for any period during which the senior judge performs duties referred to in paragraph (2); "(C) no contribution shall be made by the Federal Govern- ment 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 be a reemployed annuitant for any period during which the senior judge per- forms 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.

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