Page:United States Statutes at Large Volume 110 Part 3.djvu/829

 PUBLIC LAW 104-201—SEPT. 23, 1996 110 STAT. 2559 "(A) may not pay an annuity under paragraph (1) or (2); but "(B) shall pay an annuity to that former spouse as if the member had been a participant in the Plan and had made an election under subsection (b) to provide an annuity to the former spouse, or in accordance with that election, as the case may be, if the Secretary receives a written request from the former spouse concerned that the election be deemed to have been made in the same manner as provided in section 1450(f)(3) of this title. "(4) PRIORITY. —An annuity that may be provided under this subsection shall be provided in preference to an annuity that may be provided under any other provision of this subchapter on account of service of the same member. "(5) COMPUTATION.—The amount of an annuity under this subsection is computed under section 1451(c) of this title. "(e) DESIGNATION FOR COMMENCEMENT OF RESERVE-COMPO- NENT ANNUITY.—In any case in which a person electing to participate in the Plan is required to make a designation under this subsection, the person making such election shall designate whether, in the event he dies before becoming 60 years of age, the annuity provided shall become effective on— "(1) the day after the date of his death; or "(2) the 60th anniversary of his birth. " (f) COVERAGE OF SURVIVORS OF PERSONS DYING WHEN ELIGIBLE TO ELECT RESERVE-COMPONENT ANNUITY.— "(1) SURVIVING SPOUSE ANNUITY. —The Secretary concerned shall pay an annuity under this subchapter to the surviving spouse of a person who is eligible to provide a reserve-component annuity and who dies— "(A) before being notified under section 12731(d) of this title that he has completed the years of service required for eligibility for reserve-component retired pay; or "(B) during the 90-day period beginning on the date he receives notification under section 12731(d) of this title that he has completed the years of service required for eligibility for reserve-component retired pay if he had not made an election under subsection (a)(2)(B) to participate in the Plan. "(2) DEPENDENT CHILD ANNUITY. — The Secretary concerned shall pay an annuity under this subchapter to the dependent child of a person described in paragraph (1) if there is no surviving spouse or if the person's surviving spouse subsequently dies. "(3) MANDATORY FORMER SPOUSE ANNUITY. — If a person 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— "(A) may not pay an annuity under paragraph (1) or (2); but "(B) shall pay an annuity to that former spouse as if the person had been a participant in the Plan and had made an election under subsection (b) to provide an annuity to the former spouse, or in accordance with that election, as the case may be, if the Secretary receives a written

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