Page:United States Statutes at Large Volume 101 Part 3.djvu/239

 PUBLIC LAW 100-224—DEC. 30, 1987

101 STAT. 1537

graph (2) of that section (rather than under paragraph (3) of that section); and "(2) in the case of a member whose retired pay was subject to section 1409(b)(2) of this title, no reduction in the member's retired pay had been made under that section.". SEC. 3. SURVIVOR BENEFIT PLAN AMENDMENTS.

(a) ADJUSTMENT AT AGE 62 IN BASE AMOUNT.—(1) Section 1451 of

title 10, United States Code, is amended— (A) by inserting after subsection (g) the following: "(h)(1) Whenever retired pay is increased under section 1401a of this title (or any other provision of law), the base amount applicable to each participant in the Plan shall be increased at the same time. The increase shall be by the same percent as the percent by which the retired pay of the participant is increased. "(2) When the retired pay of a person who first became a member of a uniformed service on or after August 1, 1986, and who is a participant in the Plan is recomputed under section 1410 of this title upon the person's becoming 62 years of age, the base amount applicable to that person shall be recomputed (effective on the effective date of the recomputation of such retired pay under section 1410 of this title) so as to be the amount equal to the amount of the base amount that would be in effect on that date if increases in such base amount under paragraph (1) had been computed as provided in paragraph (2) of section 1401a(b) of this title (rather than under paragraph (3) of that section)."; and (B) by striking out "(h) Computation" and inserting in lieu thereof "(3) Computation". (2) Subsection (a) of such section is amended by striking out "(as the base amount is adjusted from time to time under section 1401a of this title)" in paragraphs (1)(A), (1)(B), (2)(A), and (2)(B). (b) ADJUSTMENT AT AGE 62 IN AMOUNT OF REDUCTION IN RETIRED

PAY.—Section 1452 of such title is amended by adding at the end the following new subsection: "(i) When the retired pay of a person who first became a member of a uniformed service on or after August 1, 1986, and who is a participant in the Plan is recomputed under section 1410 of this title upon the person's becoming 62 years of age, the amount of the reduction in such retired pay under this section shall be recomputed (effective on the effective date of the recomputation of such retired pay under section 1410 of this title) so as to be the amount equal to the amount of such reduction that would be in effect on that date if increases in such retired pay under section 1401a(b) of this title, and increases in reductions in such retired pay under subsection (h), had been computed as provided in paragraph (2) of section 1401a(b) of this title (rather than under paragraph (3) of that section).". (c) ADJUSTMENT OF AMOUNT OF ANNUITY.—Section 1451(i) of such title is amended by striking out "on the basis o f the second place it appears and all that follows and inserting in lieu thereof "so as to be the amount equal to the amount of the annuity that would be in effect on that date if increases under subsection (h)(1) in the base amount applicable to that annuity to the time of the death of the member or former member, and increases in such annuity under subsection (g)(1), had been computed as provided in paragraph (2) of section 1401a(b) of this title (rather than under paragraph (3) of that section).".

, •

,.

�