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5 U.S.C. § 1202 — Term of office; filling vacancies; removal

Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 1202 — Term of office; filling vacancies; removal

**(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 member’s 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.

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Stable record: federal_law:legal_authorities:record_usc_80f71711ee5fee49cfcd547a
Source file: Laws/federal/codes/united-states-code/title-5/section-1202-term-of-office-filling-vacancies-removal--0aee176401.md
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Source location: Title 5, Chapter 12, § 1202; chapter-012-merit-systems-protection-board-office-of-special-counsel-and-employee-right-of-action.md

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**(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 member’s 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.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 1201 — Appointment of members of the Merit Systems Protection Board

The Merit Systems Protection Board is composed of 3 members appointed by the President, by and with the advice and consent of the Senate, not more than 2 of whom may be adherents of the same political party. The members of the Board shall be individuals who, by demonstrated ability, background, training, or experience are especially qualified to carry out the functions of the Board. No member of the Board may hold another office or position in the Government of the United States, except as otherwise provided by law or at the direction of the President. The Board shall have an official seal which shall be judicially noticed. The Board shall have its principal office in the District of Columbia and may have field offices in other appropriate locations.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 1202 — Term of office; filling vacancies; removal

Page 271 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 1204 such office shall be made under sections 1201 and 1202 of title 5, United States Code (as added by this section).’’ § 1202. Term of office; filling vacancies; removal (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 oc- curring before the end of a term of office of the member’s 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 Presi- dent 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.) Editorial Notes 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 memb

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