Page:United States Statutes at Large Volume 118.djvu/1992

 118 STAT. 1962 PUBLIC LAW 108–375—OCT. 28, 2004 States Code, pursuant to the preceding sentence are adjusted to achieve the objectives set forth in subsection (b) of that section. SEC. 645. ONE YEAR OPEN ENROLLMENT PERIOD FOR SURVIVOR BEN EFIT PLAN COMMENCING OCTOBER 1, 2005. (a) PERSONS NOT CURRENTLY PARTICIPATING IN SURVIVOR BEN EFIT PLAN.— (1) ELECTION OF SBP COVERAGE.—An eligible retired or former member may elect to participate in the Survivor Benefit Plan during the open enrollment period specified in subsection (f). (2) ELECTION OF SUPPLEMENTAL ANNUITY COVERAGE.—An eligible retired or former member who elects under paragraph (1) to participate in the Survivor Benefit Plan at the maximum level may also elect during the open enrollment period to participate in the Supplemental Survivor Benefit Plan. (3) ELIGIBLE RETIRED OR FORMER MEMBER.—For purposes of paragraphs (1) and (2), an eligible retired or former member is a member or former member of the uniformed services who on the day before the first day of the open enrollment period is not a participant in the Survivor Benefit Plan and— (A) is entitled to retired pay; or (B) would be entitled to retired pay under chapter 1223 of title 10, United States Code, but for the fact that such member or former member is under 60 years of age. (4) STATUS UNDER SBP OF PERSONS MAKING ELECTIONS.— (A) STANDARD ANNUITY.—A person making an election under paragraph (1) by reason of eligibility under para graph (3)(A) shall be treated for all purposes as providing a standard annuity under the Survivor Benefit Plan. (B) RESERVE COMPONENT ANNUITY.—A person making an election under paragraph (1) by reason of eligibility under paragraph (3)(B) shall be treated for all purposes as providing a reserve component annuity under the Sur vivor Benefit Plan. (b) ELECTION TO INCREASE COVERAGE UNDER SBP.—A person who on the day before the first day of the open enrollment period is a participant in the Survivor Benefit Plan but is not participating at the maximum base amount or is providing coverage under the Plan for a dependent child and not for the person’s spouse or former spouse may, during the open enrollment period, elect to— (1) participate in the Plan at a higher base amount (not in excess of the participant’s retired pay); or (2) provide annuity coverage under the Plan for the person’s spouse or former spouse at a base amount not less than the base amount provided for the dependent child. (c) ELECTION FOR CURRENT SBP PARTICIPANTS TO PARTICIPATE IN SUPPLEMENTAL SBP.— (1) ELECTION.—A person who is eligible to make an election under this paragraph may elect during the open enrollment period to participate in the Supplemental Survivor Benefit Plan. (2) PERSONS ELIGIBLE.—Except as provided in paragraph (3), a person is eligible to make an election under paragraph (1) if on the day before the first day of the open enrollment period the person is a participant in the Survivor Benefit Plan at the maximum level, or during the open enrollment period the person increases the level of such participation to the 10 USC 1448 note.

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