---
kind: "section"
citation: "5 U.S.C. § 1202"
title: "5"
title_heading: "Government Organization and Employees"
number: "1202"
heading: "Term of office; filling vacancies; removal"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/1202"
units:
  - "Part II — Civil Service Functions and Responsibilities"
  - "Chapter 12 — Merit Systems Protection Board, Office of Special Counsel, and Employee Right of Action"
  - "Subchapter I — Merit Systems Protection Board"
---

# §1202. Term of office; filling vacancies; removal

- (a) The term of office of each [member](/usc/5/5531.md?p=1) of the Merit Systems Protection Board is 7 years.
- (b) A [member](/usc/5/5531.md?p=1) appointed to fill a vacancy occurring before the end of a term of office of the [member](/usc/5/5531.md?p=1)’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](/usc/5/5531.md?p=1) 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](/usc/5/5531.md?p=1) may not continue to serve for more than one year after the date on which the term of the [member](/usc/5/5531.md?p=1) would otherwise expire, unless reappointed.
- (c) Any [member](/usc/5/5531.md?p=1) 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](/usc/5/5531.md?p=1) may not continue to serve for more than one year after the date on which the term of the [member](/usc/5/5531.md?p=1) would otherwise expire under this section.
- (d) Any [member](/usc/5/5531.md?p=1) may be removed by the President only for inefficiency, neglect of duty, or malfeasance in office.

## Source credit

(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.)

## Notes

### 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 member’s” 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.

### Statutory Notes and Related Subsidiaries

### 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.