Page:United States Statutes at Large Volume 110 Part 3.djvu/849

 PUBLIC LAW 104-201—SEPT. 23, 1996 110 STAT. 2579 payment to the annuitant of the amount of the annuity so paid. ". SEC. 635. INCREASES IN SURVIVOR BENEFIT PLAN CONTRIBUTIONS TO BE EFFECTIVE CONCURRENTLY WITH PAYMENT OF RETIRED PAY COST-OF-LIVING INCREASES. (a) SURVIVOR BENEFIT PLAN. — Section 1452(h) of title 10, United States Code, as amended by section 634, is amended by adding at the end the following new paragraph: "(2) COORDINATION WHEN PAYMENT OF INCREASE IN RETIRED PAY IS DELAYED BY LAW. — "(A) IN GENERAL. —Notwithstanding paragraph (1), when the initial payment of an increase in retired pay under section 1401a of this title (or any other provision of law) to a person is for a month that begins later than the effective date of that increase by reason of the application of subsection (b)(2)(B) of such section (or section 631(b) of Public Law 104-106 (110 Stat. 364)), then the amount of the reduction in the person's retired pay shall be effective on the date of that initial payment of the increase in retired pay rather than the effective date of the increase in retired pay. "(B) DELAY NOT TO AFFECT COMPUTATION OF ANNU- ITY. — Subparagraph (A) may not be construed as delaying, for purposes of determining the amount of a monthly annuity under section 1451 of this title, the effective date of an increase in a base amount under subsection (h) of such section from the effective date of an increase in retired pay under section 1401a of this title to the date on which the initial payment of that increase in retired pay is made in accordance with subsection (b)(2)(B) of such section.". (b) EFFECTIVE DATE. —The amendment made by subsection (a) Applicability, shall apply with respect to retired pay payable for months beginning 10 USC 1452 on or after the date of the enactment of this Act. "°*®' SEC. 636. AMENDMENTS TO THE UNIFORMED SERVICES FORMER SPOUSES' PROTECTION ACT. (a) MANNER OF SERVICE OF PROCESS. —Subsection (b)(1)(A) of section 1408 of title 10, United States Code, is amended by striking out "certified or registered mail, return receipt requested" and inserting in lieu thereof "facsimile or electronic transmission or by mail". (b) SUBSEQUENT COURT ORDER FROM ANOTHER STATE. — Subsection (d) of such section is amended by adding at the end the following new paragraph: "(6)(A) The Secretary concerned may not accept service of a court order that is an out-of State modification, or comply with the provisions of such a court order, unless the court issuing that order has jurisdiction in the manner specified in subsection (c)(4) over both the member and the spouse or former spouse involved. "(B) A court order shall be considered to be an out-of-State modification for purposes of this paragraph if the order— "(i) modifies a previous court order under this section upon which payments under this subsection are based; and "(ii) is issued by a court of a State other than the State of the court that issued the previous court order.".

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