Page:United States Statutes at Large Volume 110 Part 1.djvu/389

 PUBLIC LAW 104-106—FEB. 10, 1996 110 STAT. 365 (A) The term "civil service retiree cola" means an increase in annuities under the Civil Service Retirement System either under section 8340(b) of title 5, United States Code, or pursuant to a law providing a general increase in such annuities. (B) The term "military retiree cola" means an adjustment in retired and retainer pay pursuant to section 1401a(b) of title 10, United States Code. (c) REPEAL OF PRIOR CONDITIONAL ENACTMENT. — Section 8114A(b) of Public Law 103-335 (108 Stat. 2648) is repealed. SEC. 632. DENIAL OF NON-REGULAR SERVICE RETIRED PAY FOR RESERVES RECEIVING CERTAIN COURT-MARTIAL SEN- TENCES. (a) IN GENERAL.— (1) Chapter 1223 of title 10, United States Code, is amended by adding at the end the following new section: "§ 12740. Eligibility: denial upon certain punitive discharges or dismissals "A person who— "(1) is convicted of an offense under the Uniform Code of Military Justice (chapter 47 of this title) and whose sentence includes death; or "(2) is separated pursuant to sentence of a court-martial with a dishonorable discharge, a bad conduct discharge, or (in the case of an officer) a dismissal, is not eligible for retired pay under this chapter.". (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: "12740. Eligibility: denial upon certain punitive discharges or dismissals.". (b) EFFECTIVE DATE. —Section 12740 of title 10, United States Code, as added by subsection (a), shall apply with respect to courtmartial sentences adjudged after the date of the enactment of this Act. SEC. 633. REPORT ON PAYMENT OF ANNUITIES FOR CERTAIN MILI- TARY SURVIVING SPOUSES. (a) STUDY REQUIRED. —(1) The Secretary of Defense shall conduct a study to determine the number of potential beneficiaries there would be if Congress were to enact authority for the Secretary of the military department concerned to pay an Einnuity to the qualified surviving spouse of each member of the Armed Forces who— (A) died before March 21, 1974, and was entitled to retired or retainer pay on the date of death; or (B) was a member of a reserve component who died during the period beginning on September 21, 1972, and ending on October 1, 1978, and at the time of death would have been entitled to retired pay under chapter 67 of title 10, United States Code, but for the fact that he was under 60 years of age. (2) A qualified surviving spouse for purposes of paragraph (1) is a surviving spouse who has not remarried and who is not eligible for an annuity under section 4 of Public Law 92-425 (10 U.S.C. 1448 note). (b) REQUIRED DETERMINATIONS.— As part of the study under subsection (a), the Secretary shall determine the following: 10 USC 1401a, 1401a note. 10 USC 12740 note.

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