Page:United States Statutes at Large Volume 110 Part 3.djvu/830

 110 STAT. 2560 PUBLIC LAW 104-201—SEPT. 23, 1996 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) COMPUTATION.— The amount of an annuity under this subsection is computed under section 1451(c) of this title. " (g) ELECTION TO INCREASE COVERAGE UPON REMARRIAGE.— " (I)ELECTION.^A person— "(A) who is a participant in the Plan and is providing coverage under subsection (a) for a spouse or a spouse and child, but at less than the maximum level; and "(B) who remarries, may elect, within one year of such remarriage, to increase the level of coverage provided under the Plan to a level not in excess of the current retired pay of that person. "(2) PAYMENT REQUIRED.— Such an election shall be contin- Sent on the person paying to the United States the amount etermined under paragraph (3) plus interest on such amount at a rate determined under regulations prescribed by the Secretary of Defense. "(3) AMOUNT TO BE PAID.—The amount referred to in paragraph (2) is the amount equal to the difference between— "(A) the amount that would have been withheld from such person's retired pay under section 1452 of this title if the higher level of coverage had been in effect from the time the person became a participant in the Plan; and "(B) the amount of such person's retired pay actually withheld. "(4) MANNER OF MAKING ELECTION.— An election under paragraph (1) shall be made in such manner as the Secretary shall prescribe and shall become effective upon receipt of the payment required by paragraph (2). "(5) DISPOSITION OF PAYMENTS. — A payment received under this subsection by the Secretary of Defense shall be deposited into the Department of Defense Military Retirement Fund. Any other payment received under this subsection shall be deposited in the Treasury as miscellaneous receipts. "§ 1449. Mental incompetency of member " (a) ELECTION BY SECRETARY CONCERNED ON BEHALF OF MENTALLY INCOMPETENT MEMBER.— If a person to whom section 1448 of this title applies is determined to be mentally incompetent by medical officers of the armed force concerned or of the Department of Veterans Affairs, or by a court of competent jurisdiction, an election described in subsection (a)(2) or (b) of section 1448 of this title may be made on behalf of that person by the Secretary concerned. " (b) REVOCATION OF ELECTION BY MEMBER. — "(1) AUTHORITY UPON SUBSEQUENT DETERMINATION OF MENTAL COMPETENCE.— I f a person for whom the Secretary has made an election under subsection (a) is later determined to be mentally competent by an authority named in that subsection, that person may, within 180 days after that determination, revoke that election. "(2) DEDUCTIONS FROM RETIRED PAY NOT TO BE REFUNDED. — Any deduction made from retired pay by reason of such an election may not be refunded.

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