5-U.S.C.-1202

5-U.S.C.-1202

§1202 – Term of office; Filling Vacancies; Removal

Pathway

Title 5 > Part II > Chapter 12 > Subchapter I > Section 1202

Details

  • Reference: Section 1202
  • Legend: §1202 – Term of office; Filling Vacancies; Removal
  • USCode Year: 2013

Provision Content

(a) The term of office of each member of the Merit Systems Protection Board is 7 years.

(b) A member appointed to fill a vacancy occurring before the end of a term of office of the members predecessor serves for the remainder of that term. Any appointment to fill a vacancy is subject to the requirements of section 1201. Any new member serving only a portion of a seven-year term in office may continue to serve until a successor is appointed and has qualified, except that such member may not continue to serve for more than one year after the date on which the term of the member would otherwise expire, unless reappointed.

(c) Any member appointed for a 7-year term may not be reappointed to any following term but may continue to serve beyond the expiration of the term until a successor is appointed and has qualified, except that such member may not continue to serve for more than one year after the date on which the term of the member would otherwise expire under this section.

(d) Any member may be removed by the President only for inefficiency, neglect of duty, or malfeasance in office.

(Added Pub. L. 95–454, title II, §202(a), Oct. 13, 1978, 92 Stat. 1122; amended Pub. L. 100–202, §101(m) [title VI, §620], Dec. 22, 1987, 101 Stat. 1329–390, 1329–427; Pub. L. 101–12, §3(a)(2), (3), Apr. 10, 1989, 103 Stat. 17.)

Amendments

1989—Pub. L. 101–12, §3(a)(2), substituted a semicolon for the comma after office” in section catchline.

Subsec. (b). Pub. L. 101–12, §3(a)(3), substituted the members” for his” in first sentence and struck out of this title” after section 1201” in second sentence.

1987—Subsec. (b). Pub. L. 100–202 inserted provision permitting any new member serving portion of seven-year term to continue serving until successor is appointed and has qualified, with exception limiting duration of such service.

Effective Date of 1989 Amendment

Amendment by Pub. L. 101–12 effective 90 days following Apr. 10, 1989, see section 11 of Pub. L. 101–12, set out as a note under section 1201 of this title.

U.S. Encyclopedia of Law Coverage

5-U.S.C.-901 in the Legal Encyclopedia: Government Organization

In this entry about 5-U.S.C.-901, find legal reference material, bibliographies and premiere content related to government organization in the American Encyclopedia of Law, presenting a comprehensive view of the United States government organization-specific issues, written by authorities in the field.

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