Page:United States Statutes at Large Volume 104 Part 6.djvu/718

 104 STAT. 5108 PUBLIC LAW 101-650 —DEC. 1, 1990 "(2) If a judge of the Claims Court who retires under this section fails during any calendar year to perform judicial duties required of such judge by subsection (d), such judge shall forfeit all rights to an annuity under this section for the 1-year period which begins on the first day on which he or she so fails to perform such duties. "(3) If a judge of the Claims Court who retires under this section accepts compensation for civil office or employment under the Government of the United States (other than the performance of judicial duties under subsection (d)), such judge shall forfeit all rights to an annuity under this section for the period for which such compensation is received. "(4)(A) If a judge makes an election under this paragraph— "(i) paragraphs (1) and (2) (and subsection (d)) shall not apply to such judge beginning on the date such election takes effect, and "(ii) the annuity payable under this section to such judge, for periods beginning on or after the date such election takes effect, shall be equal to the annuity to which such judge is entitled on the day before such effective date. "(B) An election under subparagraph (A)— "(i) may be made by a judge only if such judge meets the age and service requirements for retirement under subsection (a), "(ii) may be made only during the period during which such judge may make an election to receive an annuity under this section or while the judge is receiving an annuity under this section, and "(iii) shall be filed with the Director of the Administrative Office of the United States Courts. Such an election, once it takes effect, shall be irrevocable. "(C) Any election under this paragraph shall take effect on the first day of the first month following the month in which the election is made. "(k)(l) Notwithstanding subsection (f)(1)(B), an individual who has filed an election under subsection (f) to receive an annuity may revoke such election at any time before the first day on which such annuity 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 thereof in writing with the Director of Administrative Office of the United States Courts. "(3) In the case of any revocation under this subsection— "(A) for purposes of this section, the individual shall be treated as not having filed an election under subsection (f) to receive an annuity, "(B) for purposes of section 376 of this title— "(i) the individual shall be treated as not having filed an election under section 376(a)(l), and "(ii) section 376(g) shall not apply, and the amount credited to such individual's account (together with interest at 3 percent per annum, compounded on December 31 of each year to the date on which the revocation is filed) shall be returned to such individual, "(C) no credit shall be allowed for any service as a judge of the Claims Court or as a commissioner of the United States Court of Claims unless with respect to such service either there has been deducted and withheld the amount required by chapter 83 or 84 (as the case may be) of title 5 or there has been deposited in the

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