Page:United States Statutes at Large Volume 118.djvu/1993

 118 STAT. 1963 PUBLIC LAW 108–375—OCT. 28, 2004 maximum level under subsection (b) of this section, and under that Plan is providing annuity coverage for the person’s spouse or a former spouse. (3) LIMITATION ON ELIGIBILITY FOR CERTAIN SBP PARTICI PANTS NOT AFFECTED BY TWO TIER ANNUITY COMPUTATION.— A person is not eligible to make an election under paragraph (1) if (as determined by the Secretary concerned) the annuity of a spouse or former spouse beneficiary of that person under the Survivor Benefit Plan is to be computed under section 1451(e) of title 10, United States Code. However, such a person may during the open enrollment period waive the right to have that annuity computed under such section 1451(e). Any such election is irrevocable. A person making such a waiver may make an election under paragraph (1) as in the case of any other participant in the Survivor Benefit Plan. (d) MANNER OF MAKING ELECTIONS.—An election under this section shall be made in writing, signed by the person making the election, and received by the Secretary concerned before the end of the open enrollment period. Any such election shall be made subject to the same conditions, and with the same opportuni ties for designation of beneficiaries and specification of base amount, that apply under the Survivor Benefit Plan or the Supplemental Survivor Benefit Plan, as the case may be. A person making an election under subsection (a) to provide a reserve component annuity shall make a designation described in section 1448(e) of title 10, United States Code. (e) EFFECTIVE DATE FOR ELECTIONS.—Any such election shall be effective as of the first day of the first calendar month following the month in which the election is received by the Secretary con cerned. (f) OPEN ENROLLMENT PERIOD.—The open enrollment period under this section is the one year period beginning on October 1, 2005. (g) EFFECT OF DEATH OF PERSON MAKING ELECTION WITHIN TWO YEARS OF MAKING ELECTION.—If a person making an election under this section dies before the end of the two year period begin ning on the effective date of the election, the election is void and the amount of any reduction in retired pay of the person that is attributable to the election shall be paid in a lump sum to the person who would have been the deceased person’s beneficiary under the voided election if the deceased person had died after the end of such two year period. (h) APPLICABILITY OF CERTAIN PROVISIONS OF LAW.—The provi sions of sections 1449, 1453, and 1454 of title 10, United States Code, are applicable to a person making an election, and to an election, under this section in the same manner as if the election were made under the Survivor Benefit Plan or the Supplemental Survivor Benefit Plan, as the case may be. (i) PREMIUM FOR OPEN ENROLLMENT ELECTION.— (1) PREMIUMS TO BE CHARGED.—The Secretary of Defense shall prescribe in regulations premiums which a person electing under this section shall be required to pay for participating in the Survivor Benefit Plan pursuant to the election. The total amount of the premiums to be paid by a person under the regulations shall be equal to the sum of— (A) the total amount by which the retired pay of the person would have been reduced before the effective date

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