Page:United States Statutes at Large Volume 105 Part 2.djvu/436

 105 STAT. 1388 PUBLIC LAW 102-190—DEC. 5, 1991 10 USC 1478 note. Regulations. 10 USC 1448 note. Effective date. 10 USC 1457 note. (1) by striking out "1475-1477" and inserting in lieu thereof "1 475 through 1477"; and (2) by striking out "equal to six months' pay" and all that follows through the period in the first sentence and inserting in lieu thereof "$6,000.". Qo) EFFECTIVE DATE AND TRANSITIONAL PROVISION.— (1) The amendments made by subsection (a) shall take effect as of August 2, 1990. (2) In the case of the payment of a death gratuity under sections 1475 through 1477 of title 10, United States Code, with respect to a person who died during the period beginning on August 2, 1990, and ending on the date of the enactment of this Act, the amount of the death gratuity under section 1478(a) of such title (as amended by subsection (a)) shall be reduced by the amount of any such gratuity paid with respect to such person under this section (as in effect on August 1, 1990). SEC. 653. SURVIVOR BENEFIT PLAN. (a) ADDITIONAL PREMIUM FOR SBP OPEN SEASON ENROLLMENT. —(1) Section 1405 of the Military Survivor Benefits Improvement Act of 1989 (title XIV of Public Law 101-189; 103 Stat. 1586; 10 U.S.C. 1448 note) is amended by adding at the end the following new subsection: "(j) ADDITIONAL PREMIUM. — The Secretary of Defense may require that the SBP premium for a person making an election under subsection (a)(1) or (b) include, in addition to the amount required under section 1452(a) of title 10, United States Code, an amount determined under regulations prescribed by the Secretary of Defense for the purposes of this subsection. Any such amount shall be stated as a percentage of the base amount of the person making the election and shall reflect the number of years that have elapsed since the person retired, but may not exceed 4.5 percent of that person's base amount.". (2) Section 1406 of such Act is amended by adding at the end the following: "(4) The term 'SBP premium' means the reduction in retired pay required as a condition of providing an annuity under the Survivor Benefit Plan. "(5) The term 'base amount' has the meaning given that term in section 1447(2) of title 10, United States Code.". (b) AMOUNT OF ANNUITY UNDER SUPPLEMENTAL SURVIVOR BENEFIT PLAN.—(1) Section 1457(b) of title 10, United States Code, is amended by striking out "20 percent of the base amount under the Survivor Benefit Plan of the person providing the annuity" and inserting in lieu thereof "5, 10, 15, or 20 percent of the base amount under the Survivor Benefit Plan of the person providing the annuity, as specified by that person when electing to provide the annuity". (2) Section 1460(b)(2) of such title is amended by inserting before the period the following: "and, in the case of a person providing a supplemental spouse annuity computed under section 1457(b) of this title, a constant percentage of such person's base amount for each 5 percent increment specified in accordance with that section". (3) The amendments made by this subsection shall take effect on April 1, 1992. (c) CLARIFICATION THAT MAXIMUM BASIC COVERAGE REQUIRED TO ELECT SUPPLEMENTAL COVERAGE. —(1) Section 1458(a)(l) of title 10,

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