Page:United States Statutes at Large Volume 86.djvu/754

 712

PUBLIC LAW 92.425-SEPT. 21, 1972

[86

STAT.

A person who elects under clause (2) of this subsection is not entitled to a refund of amounts previously deducted from his retired or Ante, p. 706. retainer jDay under chapter 73 of title 10, United States Code, as in effect on the day before the effective date of this Act, or any payments made thereunder on his behalf. A person who is not married or does not have a dependent child on the first anniversary of the effective date of this Act, but who later marries or acquires a dependent child, may elect to participate in the Plan under the fourth sentence of section 1448(a) of that title. (c) Notwithstanding the provisions of the Survivor Benefit Plan established pursuant to clause (3) of the first section of this Act, and except as otnerwise provided in this section, subchapter I of chapter 73 of title 10, United States Code (other than the last two sentences of section 1436(a), section 1443, and section 1444(b)), as in effect on the day before the effective date of this Act, shall continue to apply in the case of persons, and their beneficiaries, who have elected annuities under section 1431 or 1432 of that title and who have not elected under subsection (b)(2) of this section to participate in that Plan. " B a s e amount." (d) I n this section, "base amount" means— (1) the monthly retired or retainer pay to which a person— (A^ is entitled on the effective date of this Act; or (B) later becomes 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 (2) any amount less than that described in clause (1) designated by that person at the time he makes an election under subsection (a)(2) or (b) of this section, but not less than $300; as increased from time to time under section 1401a of title 10, United 81 Stat. 652; States Code. 83 Stat. 837. (e) An election made under subsection (a) or (b) of this section Effective date. is effective on the date it is received by the Secretary concerned, as 76 Stat. 451; defined in section 101(5) of title 37, United States Code. 82 Stat. 1314. (f) Sections 1449, 1453, and 1454 of title 10, United States Code, Ante, pp. 708, as added by clause (3) of the first section of this Act, are applicable 710, 711. to persons covered by this section. Annuity paySEC. 4. (a) A person— ments, eligibility. (1) who, on the effective date of this Act is, or within one calendar year after that date becomes, a widow of a person who was entitled to retired or retainer pay when he died; (2) who is eligible for a pension under subchapter III of chap72 Stat. 1137; ter 15 of title 38, United States Code, or section 9(b) of the 81 Stat. 180. Veterans' Pension Act of 1959 (73 Stat. 436); and 38 USC 531. 38 USC 521 (3) whose annual income, as determined in establishing that note. eligibility, is less than $1,400; shall fc^ paid an annuity by the Secretary concerned unless she is eligible to receive an annuity under the Survivor Benefit Plan established pursuant to clause (3) of the first section of this Act. However, such a person who is the widow of a retired officer of the Public Health Service or the National Oceanic and Atmospheric Administration, and who would otherwise be eligible for an annuity under this section except that she does not qualify for the pension described in clause (2) of this subsection because the service of her deceased spouse is not considered active duty under section 101(21) of title 38, United States 72 Stat. 1108; Code, is entitled to an annuity under this section. 84 Stat. 1864. (b) The annuity under subsection (a) of this section shall be in an amount which when added to the widow's income determined under

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