Page:United States Statutes at Large Volume 103 Part 2.djvu/563

 PUBLIC LAW 101-189—NOV. 29, 1989 103 STAT. 1573 credit under subchapter III of chapter 83 or subchapter II of chapter 84 of title 5, as applicable, and shall request the Secretary of the Treasury to transfer such amount from the Civil Service Retirement and Disability Fund to the Department of Defense Military Retire- ment Fund. The Secretary of the Treasury shall make any transfer so requested. "(C) In determining the amount of a lump-sum credit under section 8331(8) of title 5 for purposes of this paragraph— "(i) interest shall be computed using the rates under section 8334(e)(3) of such title; and "(ii) the completion of 5 years of civilism service (or longer) shall not be a basis for excluding interest. "(b) AMOUNT OP ANNUITY. — The annuity payable under this sec- tion to a person who makes an election under subsection (a)(2) is 80 gercent of the rate of pay for a judge in active service on the United tates (Dourt of Military Appeals as of the date on which the person is separated from civilian service. "(c) RELATION TO THRIFT SAVINGS PLAN.— Nothing in this section affects any right of any person to participate in the thrift savings plan under section 8351 of title 5 or subchapter III of chapter 84 of such title. "(d) SURVIVOR ANNUITIES.— The Secretary of Defense shall pre- scribe by regulation a program to provide annuities for survivors and former spouses of persons receiving annuities under this section by reason of elections made by such persons under subsection (a)(2). That program shall, to the maximum extent practicable, provide benefits and establish terms and conditions that are similar to those provided under survivor and former spouse annuity programs under other retirement systems for civilian employees of the Federal Government. The program may include provisions for the reduction in the annuity paid the person as a condition for the survivor annuity. An election by a judge (including a senior judge) or former judge to receive an annuity under this section terminates any right or interest which any other individual may have to a survivor annuity under any other retirement system for civilian employees of the Federal Government based on the service of that judge or former judge as a civilian officer or employee of the Federal Government (except with respect to an election under subsection (g)(l)(B)). "(e) (DosT-op-LiviNG INCREASES. —The Secretary of Defense shall periodically increase annuities and survivor annuities paid under this section in order to take account of changes in the cost of living. The Secretary shall prescribe by regulation procedures for increases in annuities under this section. Such system shall, to the maximum extent appropriate, provide cost-of-living adjustments that are simi- lar to those that are provided under other retirement systems for civilian employees of the Federal CSrovernment. "(f) DUAL CJOMPENSATION. —A person who is receiving an annuity under this section by reason of service as a judge of the court and who is appointed to a position in the Federal Government shall, during the period of such person's service in such position, be entitled to receive only the annuity under this section or the pay for that position, whichever is higher. "(g) ELECTION OF JUDICIAL RETIREMENT BENEFITS. —(1) A person who is receiving an annuity under this section by reason of service as a judge of the court and who later is appointed as a justice or judge of the United States to hold office during good behavior and who retires from that office, or from regular active service in that Regulations. Regulations.

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