Page:United States Statutes at Large Volume 103 Part 2.djvu/576

 103 STAT. 1586 PUBLIC LAW 101-189—NOV. 29, 1989 Effective date. Effective date. 10 USC 1331 note. 10 USC 1448 note. for the uniformed services and shall, so far as practicable, incor- porate provisions of the regulations in effect under section 1455 of this title.". (2) Effective on October 1, 1991, the table of subchapters at the beginning of chapter 73 of such title is amended by adding at the end the following new item: "III. Supplemental Spouse Coverage for Survivor Benefit Plan Participants.... 1456". (b) CONFORMING AMENDMENTS. —(1) Section 1331(d) of title 10, United States Code, is amended by inserting "and the Supplemental Survivor Benefit Plan established under subchapter III of that chapter," after "this title". (2) Section 3101(c)(l) of title 38, United States Code, is amended by striking out "of subchapter I or 11". (3) The amendments made by paragraphs (1) and (2) shall take effect on October 1, 1991. SEC. 1405. OPEN ENROLLMENT PERIOD (a) PERSONS NOT CURRENTLY PARTICIPATING IN SURVIVOR BENEFIT PLAN.— (1) ELECTION OF SBP COVERAGE.— An eligible retired or former member may elect to participate in the Survivor Benefit Plan during the open enrollment period specified in subsection (f). (2) ELECTION OF SUPPLEMENTAL ANNUITY COVERGE.— An eli- gible retired or former member who elects under paragraph (1) to participate in the Survivor Benefit Plan may also elect during the open enrollment period to participate in the Supple- mental Survivor Benefit Plan established under subchapter III of chapter 73 of title 10, United States Code, as added by section - 1404. (3) ELIGIBLE RETIRED OR FORMER MEMBER.— For purposeS of paragraphs (1) and (2), an eligible retired or former member is a member or former member of the uniformed services who on the day before the first day of the open enrollment period is not a participant in the Survivor Benefit Plan and— (A) is entitled to retired pay; or (B) would be entitled to retired pay under chapter 67 of title 10, United States Code, but for the fact that such member or former member is under 60 years of age. (4) STATUS UNDER SBP OF PERSONS MAKING ELECTIONS. — (A) STANDARD ANNUITY.— A person making an election under paragraph (1) by reason of eligibility under para- graph (3)(A) shall be treated for all purposes as providing a standard annuity under the Survivor Benefit Plan. •; (B) RESERVE-COMPONENT ANNUITY. — A person making an election under paragraph (1) by reason of eligibility under paragraph (3)(B) shall be treated for all purposes as provid- ing a reserve-component annuity under the Survivor Bene- fit Plan. (b) ELECTION TO INCREASE COVERAGE UNDER SBP. — A person who on the day before the first day of the open enrollment period is a participant in the Survivor Benefit Plan but is not participating at the maximum base amount or is providing coverage under the Plan for a dependent child and not for the person's spouse or former spouse may, during the open enrollment period elect to— (1) participate in the Plan at a higher base amount (not in excess of the participant's retired pay); or

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