Page:United States Statutes at Large Volume 111 Part 2.djvu/717

 PUBLIC LAW 105-85—NOV. 18, 1997 111 STAT. 1797 as a member described in paragraph (2)(A) or (2)(E) of subsection (a) in connection with those moves. "(c) DISLOCATION ALLOWANCE RATES. —(1) The amount of the dislocation allowance to be paid under this section to a member shall be based on the member's pay grade and dependency status at the time the member becomes entitled to the allowance. "(2) The initial rate for the dislocation allowance, for each pay grade and dependency status, shall be equal to the rate in effect for that pay grade and dependency status on December 31, 1997, as adjusted by the average percentage increase in the rates of basic pay for calendar year 1998. Effective on the same date that the monthly rates of basic pay for members are increased for a subsequent calendar year, the Secretary of Defense shall adjust the rates for the dislocation allowance for that calendar year by the percentage equal to the average percentage increase in the rates of basic pay for that calendar year. "(d) FISCAL YEAR LIMITATION; EXCEPTIONS.—(1) A member is not entitled to more than one dislocation allowance under this section during a fiscal year unless— "(A) the Secretary concerned finds that the exigencies of the service require the member to make more than one change of permanent station during the fiscal year; "(B) the member is ordered to a service school as a change of permanent station; "(C) the member's dependents are covered by section 405a(a), 406(e), 406(h), or 554 of this title; or "(D) subparagraph (C) or (D)(ii) of subsection (a)(2) or sub- Applicability. section (b) apply with respect to the member or the member's dependents. "(2) This subsection does not apply in time of national emergency or in time of war. "(e) FIRST OR LAST DUTY. —^A member is not entitled to payment of a dislocation allowance under this section when the member is ordered from the member's home to the member's first duty station or from the member's last duty station to the member's home. "(f) RULE OF CONSTRUCTION.—For purposes of this section, a member whose dependents may not make an authorized move in connection with a change of permanent station is considered a member without dependents. "(g) ADVANCE PAYMENT. —A dislocation allowance payable under this section may be paid in advance.". (b) EFFECTIVE DATE.—The amendment made by subsection (a) 37 USC 407 note, shall take effect on January 1, 1998. Subtitle D—Retired Pay, Survivor Benefits, and Related Matters SEC. 641. ONE-YEAR OPPORTUNITY TO DISCONTINUE PARTICIPATION IN SURVIVOR BENEFIT PLAN. (a) ELECTION TO DISCONTINUE WITHIN ONE YEAR AFTER SEC- OND ANNIVERSARY OF COMMENCEMENT OF PAYMENT OF RETIRED PAY.— (1) Subchapter II of chapter 73 of title 10, United States Code, is amended by inserting after section 1448 the following new section:

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