Page:United States Statutes at Large Volume 114 Part 3.djvu/207

 PUBLIC LAW 106-398—APPENDIX 114 STAT. 1654A-165 (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: "12741. Retirement from active reserve service performed after regular retirement.". (b) EFFECTIVE DATE.— Section 12741 of title 10, United States Code, as added by subsection (a), shall take effect 180 days after the date of the enactment of this Act and shall apply with respect to retired pay payable for months beginning on or after that effective date. SEC. 654. SAME TREATMENT FOR FEDERAL JUDGES AS FOR OTHER FEDERAL OFFICLVLS REGARDING PAYMENT OF MILI- TARY RETIRED PAY. (a) ARTICLE III JUDGES.— (1) Section 371 of title 28, United States Code, is amended— (A) by striking subsection (e); and (B) by redesignating subsection (f) as subsection (e). (2) Subsection (b) of such section is amended by striking "subsection (f)" each place it appears and inserting "subsection (e)". (b) JUDGES OF UNITED STATES COURT OF FEDERAL CLAIMS.— (1) Section 180 of title 28, United States Code, is repealed. (2) The table of sections at the beginning of chapter 7 of such title is amended by striking the item relating to section 180. (c) RETROACTIVE EFFECTIVE DATE.—The amendments made by this section shall take effect as of October 1, 1999. SEC. 655. RESERVE COMPONENT SURVIVOR BENEFIT PLAN SPOUSAL CONSENT REQUIREMENT. (a) ELIGIBLE PARTICIPANTS. — Subsection (a)(2)(B) of section 1448 of title 10, United States Code, is amended to read as follows: " (B) RESERVE-COMPONENT ANNUITY PARTICIPANTS.—^A person who (i) is eligible to participate in the Plan under paragraph (1)(B), and (ii) is married or has a dependent child when he is notified under section 12731(d) of this title that he has completed the years of service required for eligibility for reserve-component retired pay, unless the person elects (with his spouse's concurrence, if required under paragraph (3)) not to participate in the Plan before the end of the 90-day period beginning on the date on which he receives that notification.". (b) SUBSEQUENT ELECTION TO PARTICIPATE. —Subsection (a)(3)(B) of such section is amended— (1) by striking "who elects to provide" and inserting "who is eligible to provide"; (2) by redesignating clauses (i) and (ii) as clauses (iii) and (iv), respectively; and (3) by inserting before clause (iii) (as so redesignated) the following new clauses: "(i) not to participate in the Plan; "(ii) to designate under subsection (e)(2) the effective date for commencement of annuity payments under the Plan in the event that the member dies before becoming 60 years of age to be the 60th anniversary of the member's birth (rather than the day after the date of the member's death);". (c) CONFORMING AMENDMENTS.—Subchapter II of chapter 73 of such title is further amended—

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