Page:United States Statutes at Large Volume 103 Part 2.djvu/571

 PUBLIC LAW 101-189—NOV. 29, 1989 103 STAT. 1581 Survivor Benefit Plan, the monthly amount of the supplemental spouse sinnuity is the difference between— "(A) the amount of the reserve-component annuity under the Survivor Benefit Plan to which the beneficiary would be entitled if that beneficiary were under 62 years of age (as computed under section 1451(a)(2)(A) of this title); and "(B) the amount of the reserve-component annuity to which the beneficiary is entitled (as computed under section 1451(a)(2)(B) of this title). "(2) BENEFICIARY INITIALLY UNDER 62 YEARS OF AGE. —I f the beneficiary is under 62 years of age when the beneficiary be- comes entitled to the reserve-component annuity under the Survivor Benefit Plan, the monthly amount of the supplemental spouse annuity of that beneficiary (commencing on the date specified in subsection (a)(2)) is the amount by which the beneficiary's annuity under the Survivor Benefit Plan is re- duced (on the same day) under section 1451(d) of this title. "(3) EXCLUSION OF DIC OFFSET. —Computations under para- graphs (1) and (2) shall be made without regard to any reduction required under section 145(Kc) of this title (or any other provi- sion of law) with respect to the receipt of dependency and indemnity compensation under section 411 of title 38. "(d) ADJUSTMENTS IN ANNUITIES.— "(1) PERIODIC ADJUSTMENTS (COLAS).— Whenever annuities under the Survivor Benefit Plan are increased under section 1451(g)(l) of this title (or any other provision of law) or recom- puted under section 1451(i) of this title, each annuity under this subchapter shall be increased or recomputed at the same time. The increase shall, in the case of any such annuity, be by the same percent as the percent by which the annuity of that beneficiary is increeised or recomputed under the Survivor Benefit Plan. "(2) ROUNDING DOWN.— The monthly amount of an annuity payable under this subchapter, if not a multiple of $1, shall be rounded to the next lower multiple of $1. "(e) TERMINATION OF ANNUITY.— A supplemental spouse annuity terminates effective as of the first day of the month in which the beneficiary dies or otherwise becomes ineligible to continue to re- ceive an annuity under the Survivor Benefit Plan. "§ 1458. Supplemental spouse coverage: eligible participants; elec- tions of coverage "(a) (DOVERAGE.— "(1) IN GENERAL. —A person who provides an annuity for a spouse or former spouse under the Survivor Benefit Plan may elect in accordance with this section to provide a supplemental spouse annuity for that spouse or former spouse. "(2) COVERAGE CONTINGENT ON CONCURRENT SBP COVERAGE.— When a person providing a supplemental spouse annuity under this subchapter ceases to be a participant under the Survivor Benefit Plan, that person's coverage under this subchapter automatically terminates. "(3) ELECTIONS TO BE VOLUNTARY. —A person may not be ordered or required to elect (or to enter into an agreement to elect) to provide a spouse or former spouse with a supplemental spouse annuity under this subchapter. Except as provided in section 1459(b) of this title, in no case shall a person be deemed

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