; or (II) 90 days after the date on which such vacancy occurs. (ii) In this subparagraph, the term transitional inauguration day means the date on which any person swears or affirms the oath of office as President, if such person is not the President on the date preceding the date of swearing or affirming such oath of office. (3) Upon the expiration of the period of service described in paragraph (1), if the Senate has not confirmed a nomination to the office of Commissioner as of such date, such office shall remain vacant until such time as the Senate has confirmed a nomination to such office. . (b) Timing of appointments Section 702(a)(3) of the Social Security Act ( 42 U.S.C. 902(a)(3) ) is amended by striking remainder of such term and inserting remainder of such term, except that the President may appoint a Commissioner to a term of office that has not yet commenced if such term of office will commence before the end of the Presidential term in which the appointment is made . (c) Effective date The amendments made by this section shall take effect on January 20, 2019. 102. Loss of credit for Federal pension after certain violations Section 208 of the Social Security Act ( 42 U.S.C. 408 ) is amended by adding at the end the following: (f) (1) Notwithstanding any other provision of law, an individual convicted of an offense under subsection (a) may not receive credit under section 8332 or section 8411 (as the case may be) of title 5, United States Code, for any service that occurs on or after the date on which the offense for which the individual was convicted occurs, if, with respect to such conviction, every act or omission of the individual that is needed to satisfy the elements of the offense— (A) is committed while the individual is an employee of the Social Security Administration