Page:United States Statutes at Large Volume 103 Part 2.djvu/577

 PUBLIC LAW 101-189—NOV. 29, 1989 103 STAT. 1587 (2) provide annuity coverage under the Plan for the person's spouse or former spouse at a base amount not less than the beise amount provided for the dependent child. (c) ELECTION FOR CURRENT SBP PARTICIPANTS TO PARTICIPATE IN SUPPLEMENTAL SBP.— (1) ELECTION. — A person who is eligible to make an election under this paragraph may elect during the open enrollment period to participate in the Supplemental Survivor Benefit Plan established under subchapter III of chapter 73 of title 10, United States Code, as added by section 1404. (2) PERSONS ELIGIBLE. —Except as provided in paragraph (3), a person is eligible to make an election under paragraph (1) if on the day before the first day of the open enrollment period the person is a participant in the Survivor Benefit Plan and under that Plan is providing annuity coverage for the person's spouse or a former spouse. (3) LIMITATION ON ELIGIBILITY FOR CERTAIN SBP PARTICIPANTS NOT AFFECTED BY TWO-TIER ANNUITY COMPUTATION. —A perSOn is not eligible to make an election under paragraph (1) if (as determined by the Secretary concerned) the annuity of a spouse or former spouse beneficiary of that person under the Survivor Benefit Plan will be computed under section 1451(e) of title 10, United States Code. However, such a person may during the open enrollment period waive the right to have that annuity computed under such section. Any such election is irrevocable. A person making such a waiver may make an election under paragraph (1) as in the case of any other participant in the Survivor Benefit Plan. (d) MANNER OF MAKING ELECTIONS. — An election under this sec- tion must be made in writing, signed by the person making the election, and received by the Secretary concerned before the end of the open enrollment period. Any such election shall be made subject to the same conditions, and with the same opportunities for designa- tion of beneficiaries and specification of base amount, that apply under the Survivor Benefit Plan or the Supplemental Survivor Benefit Plan, as the case may be. A person making an election under subsection (a) to provide a reserve-component annuity shall make a designation described in section 1448(e) of title 10, United States Code. (e) EFFECTIVE DATE FOR ELECTIONS. —Any such election shall be effective as of the first day of the first calendar month following the month in which the election is received by the Secretary concerned. (f) OPEN ENROLLMENT PERIOD DEFINED.— The open enrollment period is the one-year period beginning on October 1, 1991. (g) EFFECT OF DEATH OF PERSON MAKING ELECTION WITHIN TWO YEARS OF MAKING ELECTION.— I f a person making an election under this section dies before the end of the two-year period beginning on the effective date of the election, the election is void and the amount of any reduction in retired pay of the person that is attributable to the election shall be paid in a lump sum to the person who would have been the deceased person's beneficiary under the voided elec- tion if the deceased person had died after the end of such two-year period. (h) APPLICABILTTY OF CERTAIN PROVISIONS OF LAW.— The provisions of sections 1449, 1453, and 1454 of title 10, United States Code, are applicable to a person making an election, and to an election, under this section in the same manner as if the election were made under

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