§ 942. Art. 142. Judges
(b)
Appointment; Qualification.—
(1)
Each judge of the court shall be appointed from civilian life by the President, by and with the advice and consent of the Senate, for a specified term determined under paragraph (2). A judge may serve as a senior judge as provided in subsection (e).
(2)
The term of a judge shall expire as follows:
(c)
Removal.—
Judges of the court may be removed from office by the President, upon notice and hearing, for—
A judge may not be removed by the President for any other cause.
(d)
Pay and Allowances.—
Each judge of the court is entitled to the same salary and travel allowances as are, and from time to time may be, provided for judges of the United States Courts of Appeals.
(e)
Senior Judges.—
(1)
(A)
A former judge of the court who is receiving retired pay or an annuity under section
945 of this title (article 145) or under subchapter
III of chapter
83 or chapter
84 of title
5 shall be a senior judge. The chief judge of the court may call upon an individual who is a senior judge of the court under this subparagraph, with the consent of the senior judge, to perform judicial duties with the court—
(B)
If, at the time the term of a judge expires, no successor to that judge has been appointed, the chief judge of the court may call upon that judge (with that judge’s consent) to continue to perform judicial duties with the court until the vacancy is filled. A judge who, upon the expiration of the judge’s term, continues to perform judicial duties with the court without a break in service under this subparagraph shall be a senior judge while such service continues.
(2)
A senior judge shall be paid for each day on which he performs judicial duties with the court an amount equal to the daily equivalent of the annual rate of pay provided for a judge of the court. Such pay shall be in lieu of retired pay and in lieu of an 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 paragraph (1), shall be provided with such office space and staff assistance 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 (1). 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 Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives not later than 15 days after the issuance of such rules or amendments, 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 retirement system for employees of the Federal Government—
(A)
a period during which a senior judge performs duties referred to in paragraph (1) 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 (1);
(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 Appeals for the Armed Forces—
(2)
The chief judge of the court may not request that a designation be made under paragraph (1) unless the chief judge has determined that no person is available to perform judicial duties with the court as a senior judge under subsection (e).
(g)
Effect of Vacancy on Court.—
A vacancy on the court does not impair the right of the remaining judges to exercise the powers of the court.