Page:United States Statutes at Large Volume 105 Part 2.djvu/438

 105 STAT. 1390 PUBLIC LAW 102-190—DEC. 5, 1991 "(A) procedures for determining incompetency and for selecting a payee to represent the annuitant for the purposes of this section, including provisions for notifying the annuitant of the actions being taken to make such a determination and to select a representative payee, an opportunity for the annuitant to review the evidence being considered, and an opportunity for the annuitant to submit additional evidence before the determination is made; and "(B) standards for determining incompetency, including standards for determining the sufficiency of medical evidence and other evidence. "(8) Provisions for any other matters that the President considers appropriate in connection with the payment of an annuity in the case of a person referred to in subsection (b). "(d) An annuity paid to a person on behalf of an annuitant in accordance with the regulations prescribed pursuant to subsection (b) discharges the obligation of the United States for payment to the annuitant of the amount of the annuity so paid.". (b) FAMILY PROTECTION PLAN ANNUITY.—(1) Subchapter I of chapter 73 of title 10, United States Code, is amended by inserting after section 1444 the following new section: "§ 1444a. Regulations regarding payment of annuity to a representative payee "(a) The regulations prescribed pursuant to section 1444(a) of this title shall provide procedures for the payment of an annuity under this subchapter in the case of— "(1) a person for whom a guardian or other fiduciary has been appointed; and "(2) a minor, mentally incompetent, or otherwise legally disabled person for whom a guardian or other fiduciary has not been appointed. "(b) Those regulations may include the provisions set out in section 1455(c) of this title. "(c) An annuity paid to a person on behalf of an annuitant in accordance with the regulations prescribed pursuant to subsection (a) discharges the obligation of the United States for payment to the annuitant of the amount of the annuity so paid.". (2) The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 1444 the following: "1444a. Regulations regarding payment of annuity to a representative payee.". SEC. 655. WAIVER OF REDUCTION OF RETIRED PAY UNDER SPECIFIED CONDITIONS. (a) AMENDMENTS RELATING TO DUAL PAY. — (1) Section 5532 of title 5, United States Code, is amended by adding at the end the following: "(h)(1) If warranted by circumstances described in subsection (g)(1) (A) or (B) (as applicable), the Director of the Administrative Office of the United States Courts shall, with respect to an employee in the judicial branch, have the same waiver authority as would be available to the Director of the Office of Personnel Management, or a duly authorized agency head, under subsection (g) with respect to an employee of an Executive agency.

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