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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 09:52:37 -04:00

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LegalText 5 U.S.C. § 1202 Term of office; filling vacancies; removal us united_states_code code_section 5 GOVERNMENT ORGANIZATION AND EMPLOYEES 12 MERIT SYSTEMS PROTECTION BOARD, OFFICE OF SPECIAL COUNSEL, AND EMPLOYEE RIGHT OF ACTION 1202 5 U.S.C. § 1202 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip /us/usc/t5/s1202 data/legal/raw/us/code/title-05/usc05.xml 5caedcd4baf8ca6867957d1996e6d20115fd036ca195abff6b5a6c5c3f364a52 719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540 c9fc43980734aeba1178fd8f91cffe036489df94138ca942c1a5414c65a9ed4c 2026-07-04 official
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5 U.S.C. § 1202 - Term of office; filling vacancies; removal

Text

(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. 95454, title II, § 202(a), Oct. 13, 1978, 92 Stat. 1122; amended Pub. L. 100202, § 101(m) [title VI, § 620], Dec. 22, 1987, 101 Stat. 1329390, 1329427; Pub. L. 10112, § 3(a)(2), (3), Apr. 10, 1989, 103 Stat. 17.)

Notes

Editorial Notes

Amendments1989—Pub. L. 10112, § 3(a)(2), substituted a semicolon for the comma after “office” in section catchline. Subsec. (b). Pub. L. 10112, § 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. 100202 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.

Statutory Notes and Related Subsidiaries

Effective Date of 1989 AmendmentAmendment by Pub. L. 10112 effective 90 days following Apr. 10, 1989, see section 11 of Pub. L. 10112, set out as a note under section 1201 of this title.