Page:United States Statutes at Large Volume 86.djvu/748

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PUBLIC LAW 92-425-SEPT. 21, 1972

[86

STAT.

Public Law 92-425 September 21, 1972 [H. R. 10670]

Armed Forces. Survivor B e n e fit P l a n, establishment. 10 USC 1431.

AN ACT To amend chapter 73 of title 10, United States Code, to establisli a SurA'ivor Benefit Plan, and for other purposes.

Be it enacted by the Senate and Hou-^e of Representatives of the United States of America in Co^igress assembled., That chapter 73 of title 10, United States Code, is amended as follows: (1) The title of the chapter is amended by adding "; SURVIVOR B E N E F I T PLAN" after "PAY", and by inserting the following after the revised title: "Subchapter

Sec.

"I. Retired Serviceman's Family Protection Plan "II. Survivor Benefit Plan

70A Stat. 110; 82 Stat. 752. Repeals. 7 0A Stat. 1 1 1. 75 Stat. 8 1 1.

1431 1447

"Subchapter I.—Retired Serviceman's Family Protection Plan". (2) Subchapter I is amended as follows: (A) Sections 1435, 1436, 1437, 1438, 1439, 1440.1441, 1442, 1444 (a) and (c), 1445, and 1446 are each amended by striking out "chapter" wherever it appears and inserting in place thereof "subchapter''. (B) Section 1443 is repealed and the corresponding item in the subchapter analysis for that section is stricken. (C) Section 1444(b) is repealed and the catchline and subchapter analysis item for section 1444 are each amended by striking out "reports to Congress;". (3) The following new subchapter is added after section 1446: "Subchapter II.—Survivor Benefit Plan "Sec.

"1447. Definitions. "1448. Application of Plan. "1449. Mental incompetency of member. "1450. Payment of annuity: beneficiaries. "1451. Amount of annuity. "1452. Reduction in retired or retainer pay. "1453. Recovery of annuity erroneously paid. "1454. Correction of administrative deficiencies. "1455. Regulations.

"§ 1447. Definitions "In this subchapter: "(1) 'Plan' means the Survivor Benefit Plan established by this subchapter. "(2) 'Base amount'means— " (A) the amount of monthly retired or retainer pay to which a person— "(i) was entitled when he became eligible for that pay; or "(ii) later became entitled by being advanced on the retired list, performing active duty, or being transferred from the temporary disability retired list to the permanent disability retired list; or " (B) any amount less than that described by clause (A) designated by that person on or before the first day for which he became eligible for retired or retainer pay. but not less than 81 Stat. 652; 83 Stat. 83 7.

as increased from time to time under section 1401a of this title. "(3) 'Widow' means the surviving wife of a person who, if not married to the person at the time he became eligible for retired or retainer pay— " (A) was married to him for at least two years immediately before his death; or

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