Page:United States Statutes at Large Volume 86.djvu/753

 86 STAT. ]

PUBLIC LAW 92-425-SEPT. 21, 1972

of the Secretary concerned and the Comptroller General, there has been no fault by the person to whom the amount was erroneously paid and recovery would be contrary to the purposes of this subchapter or against equity and good conscience. "§ 1454. Correction of administrative deficiencies ''The Secretary concerned may, under regulations prescribed under section 1455 of this title, correct or revoke any election under this subchapter when he considers it necessary to correct an administrative error. Except when procured by fraud, a correction or revocation under this section is final and conclusive on all officers of the Ignited States. "§ 1455. Regulations "The President shall prescribe regulations to carry out this subchapter. Those regulations shall, so far as practicable, be uniform for the armed forces, the National Oceanic and Atmospheric Administration, and the Public Health Service. Those regulations shall— "'(l) provide that, when the notification referred to in section 1448(a) of this title is required, the member and his spouse shall, before the date the member becomes entitled to retired or retainer pay, be informed of the elections available and the effects of such elections; and ''(2) establish procedures for depositing the amounts referred to in section 1452(d) of this title."' SEC. 2. The chapter analysis of subtitle A and the analysis of part II of subtitle A of title 10, Ignited States Code, are each amended by amending the item relating to chapter 78 by adding ''; Survivor Benefit Plan" after "Pay". SKC. 8. (a) The Survivor Benefit Plan established pursuant to clause (8) of the first section of this Act applies to any person who initially becomes entitled to retired or retainer pay on or after the effective date of this Act. An election made before that date by such a person under section 1481 of title 10. United States Code, is canceled. However, a person who initially becomes entitled to retired or retainer pay within 180 days after the effective date of this Act may. within 180 days after becoming so entitled, elect— (1) not to participate in such Survivor Benefit Plan if he is married or has a dependent child; or (2) to participate in that Plan, if he is a person covered by section 1448(b) of title 10,1'nited States Code. (b) Any person who is entitled to retired or retainer pay on the effective date of this Act may elect to participate in the Survivor Benefit Plan established pursuant to clause (3) of the first section of this Act before the first anniversary of that date. However, such a person who is receiving retired or retainer pay reduced under section 1486(a) of title 10, United States Code, or who is depositing amounts under section 1438 of that title, may elect before the first anniversary of the effective date of this Act— (1) to participate in the Plan and continue his participation under chapter 78 of that title as in effect on the day before the effective date of this Act, except that the total of the annuities elected may not exceed 100 percent of his retired or retainer pay; or (2) to participate in the Plan and, notwithstanding section 1436(b) of that title, terminate his participation under chapter 78 of that title as in effect on the day before the effective date of this Act.

82-081 O - 73 - 48

711

Ante, p. 706. ^s Stat. sio;

Ante, p. yoe.

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