Page:United States Statutes at Large Volume 117.djvu/1537

 117 STAT. 1518

Applicability. 10 USC 1448 note.

PUBLIC LAW 108–136—NOV. 24, 2003

‘‘(ii) 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; or ‘‘(B) is a member of a reserve component not described in subparagraph (A) and dies from an injury or illness incurred or aggravated in the line of duty during inactiveduty training.’’. (b) CONFORMING AMENDMENT.—The heading for subsection (f) of section 1448 of such title is amended by inserting ‘‘OR BEFORE’’ after ‘‘DYING WHEN’’. (c) EFFECTIVE DATE.—Subparagraph (B) of section 1448(f)(1) of title 10, United States Code, as added by subsection (a), shall take effect as of September 10, 2001, and shall apply with respect to performance of inactive-duty training (as defined in section 101(d) of title 10, United States Code) on or after that date. SEC. 645. SURVIVOR BENEFIT PLAN MODIFICATIONS.

(a) ELIGIBILITY OF DEPENDENT CHILDREN FOR SURVIVOR ANNUITIES IN CASES OF DEATHS OF MEMBERS ON ACTIVE DUTY.—(1) Paragraph (2) of section 1448(d) of title 10, United States Code, is amended to read as follows: ‘‘(2) DEPENDENT CHILDREN.— ‘‘(A) ANNUITY WHEN NO ELIGIBLE SURVIVING SPOUSE.— In the case of a member described in paragraph (1), the Secretary concerned shall pay an annuity under this subchapter to the member’s dependent children under section 1450(a)(2) of this title as applicable. ‘‘(B) OPTIONAL ANNUITY WHEN THERE IS AN ELIGIBLE SURVIVING SPOUSE.—In the case of a member described in paragraph (1) who dies on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2004 and for whom there is a surviving spouse eligible for an annuity under paragraph (1), the Secretary may pay an annuity under this subchapter to the member’s dependent children under section 1450(a)(3) of this title, if applicable, instead of paying an annuity to the surviving spouse under paragraph (1), if the Secretary concerned, in consultation with the surviving spouse, determines it appropriate to provide an annuity for the dependent children under this paragraph instead of an annuity for the surviving spouse under paragraph (1).’’. (2) Paragraph (1) of such section is amended by striking ‘‘The Secretary concerned’’ and inserting ‘‘Except as provided in paragraph (2)(B), the Secretary concerned’’. (b) VITIATION OF SURVIVOR ANNUITY ELECTIONS MADE BY DISABILITY RETIREES WHO DIE OF DISABILITY-RELATED CAUSES.—(1) Section 1448(b)(1) of such title is amended by adding at the end the following new subparagraph: ‘‘(F) VITIATION OF ELECTION BY DISABILITY RETIREE WHO DIES OF DISABILITY-RELATED CAUSE.—If a member retired on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2004 under chapter 61 of this title dies within one year after the date on which the member is so retired and the cause

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