Page:United States Statutes at Large Volume 110 Part 3.djvu/828

 110 STAT. 2558 PUBLIC LAW 104-201—SEPT. 23, 1996 month following the month in which it is received by the Secretary concerned. This paragraph does not provide the authority to change a designation previously made under subsection (e). "(D) NOTICE TO SPOUSE.— I f a person who is married makes an election to provide an annuity to a former spouse under this paragraph, that person's spouse shall be notified of the election. "(4) FORMER SPOUSE AND CHILD COVERAGE.— ^A person who elects to provide an annuity for a former spouse under paragraph (2) or (3) may, at the time of the election, elect to provide coverage under that annuity for both the former spouse and a dependent child, if the child resulted from the person's marriage to that former spouse. "(5) DISCLOSURE OF WHETHER ELECTION OF FORMER SPOUSE COVERAGE IS REQUIRED.— ^A person who elects to provide an annuity to a former spouse under paragraph (2) or (3) shall, at the time of making the election, provide the Secretary concerned with a written statement (in a form to be prescribed by that Secretary and signed by such person and the former spouse) setting forth— "(A) whether the election is being made pursuant to the requirements of a court order; or "(B) whether the election is being made pursuant to a written agreement previously entered into voluntarily by such person as a part of, or incident to, a proceeding of divorce, dissolution, or annulment and (if so) whether such voluntary written agreement has been incorporated in, or ratified or approved by, a court order. "(c) PERSONS ON TEMPORARY DISABILITY RETIRED LIST.— The application of the Plsm to a person whose name is on the temporary disability retired list terminates when his name is removed from that list and he is no longer entitled to disability retired pay. "(d) COVERAGE FOR SURVIVORS OF RETIREMENT-ELIGIBLE MEMBERS WHO DIE ON ACTIVE DUTY. — "(1) SURVIVING SPOUSE ANNUITY. —The Secretary concerned shall pay an annuity under this subchapter to the surviving spouse of a member who dies on active duty after— "(A) becoming eligible to receive retired pay; "(B) qualifying for retired pay except that he has not applied for or been granted that pay; or "(C) completing 20 years of active service but before he is eligible to retire as a commissioned officer because he has not completed 10 years of active commissioned service. "(2) DEPENDENT CHILD ANNUITY.— The Secretary concerned shall pay an annuity under this subchapter to the dependent child of a member described in paragraph (1) if there is no surviving spouse or if the member's surviving spouse subsequently dies. "(3) MANDATORY FORMER SPOUSE ANNUITY. — If a member described in paragraph (1) is required under a court order or spousal agreement to provide an annuity to a former spouse upon becoming eligible to be a participant in the Plan or has made an election under subsection (b) to provide an annuity to a former spouse, the Secretary—

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