Page:United States Statutes at Large Volume 110 Part 3.djvu/821

 PUBLIC LAW 104-201—SEPT. 23, 1996 110 STAT. 2551 SEC. 634. NONSUBSTANTIVE RESTATEMENT OF SURVIVOR BENEFIT PLAN STATUTE. Subchapter II of chapter 73 of title 10, United States Code, is amended to read as follows: " SUBCHAPTER II—SURVIVOR BENEFIT PLAN "Sec. "14 47. Definitions. "1448. Application of Plan. "1449. Mental incompetency of member. ^, "1450. Payment of annuity: beneficiaries. "1451. Amount of annuity. "1 452. Reduction in retired pay. "1453. Recovery of amounts erroneously paid. "1454. Correction of administrative errors. "1 455. Regulations. "§ 1447. Definitions "In this subchapter: "(1) PLAN,—The term 'Plan' means the Survivor Benefit Plan established by this subchapter. "(2) STANDARD ANNUITY. — The term 'standard annuity' means an annuity provided by virtue of eligibility under section 1448(a)( 1)(A) of this title. "(3) RESERVE-COMPONENT ANNUITY. —The term 'reservecomponent annuity' means an annuity provided by virtue of eligibility under section 1448(a)(1)(B) of this title. "(4) RETIRED PAY.—The term 'retired pay' includes retainer pay paid under section 6330 of this title. "(5) RESERVE-COMPONENT RETIRED PAY.—The term 'reservecomponent retired pay' means retired pay under chapter 1223 of this title (or under chapter 67 of this title as in effect before the effective date of the Reserve Officer Personnel Management Act). "(6) BASE AMOUNT.— The term 'base amount' means the following: "(A) FULL AMOUNT UNDER STANDARD ANNUITY.— In the case of a person who dies after becoming entitled to retired pay, such term means the amount of monthly retired pay (determined without regard to any reduction under section 1409(b)(2) of this title) to which the person— "(i) was entitled when he became eligible for that pay; or "(ii) later became entitled by being advanced on the retired list, performing active duty, or being transferred from the temporary disability retired list to the permanent disability retired list. " (B) FULL AMOUNT UNDER RESERVE-COMPONENT AKfNUITY.— In the case of a person who would have become eligible for reserve-component retired pay but for the fact that he died before becoming 60 years of age, such term means the amount of monthly retired pay for which the person would have been eligible— "(i) if he had been 60 years of age on the date of his death, for purposes of an annuity to become effective on the day after his death in accordance with a designation made under section 1448(e) of this title; or

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