Page:United States Statutes at Large Volume 92 Part 1.djvu/897

 PUBLIC LAW 95-397—SEPT. 30, 1978

92 STAT. 843

Public Law 95-397 95th Congress An Act To amend title 10, United States Code, to make certain changes in the Retired Serviceman's Family Protection Plan and the Survivor Benefit Plan as authorized by chapter 73 of that title, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Uniformed Services Survivors' Benefits Amendments of 1978". TITLE I—ANNUITIES UNDER R E T I R E D SERVICEMAN'S FAMILY PROTECTION PLAN SEC. 101. (a) Section 1434 of title 10, United States Code, is amended— (1) by striking out "or remarries" in subsection (a)(1) and inserting in lieu thereof "or, if the spouse remarries before age 60, when the spouse remarries"; (2) by striking out "or remarriage of that spouse" in subsection (a)(3) and inserting in lieu thereof "of that spouse or the remarriage of that spouse before age 60"; and (3) by adding at the end thereof the following new subsection: "(e) Whenever there is an increase in retired and retainer pay under section 1401a of this title, each annuity that is payable under this subchapter on the day before the effective date of that increase to a spouse or child of a member who died on or before March 20, 1974, shall be increased by the same percentage as the percentage of that increase, effective on the effective date of that increase.". (b) No benefits shall accrue to any person by virtue of the amendments made by subsection (a) for any period prior to the first day of the first calendar month following the month in which this Act is enacted or October 1, 1978, whichever is later. SEC. 102. Each annuity that is payable under subchapter I of chapter 73 of title 10, United States Code, on the day before the date of the enactment of this Act to a spouse or child of a member of the uniformed services who died on or before March 20, 1974, shall be increased effective as of the first day of the first calendar month following the month in which this Act is enacted, or as of October 1, 1978, whichever is later, by the percentage increase in retired and retainer pay under section 1401a of that title since September 21, 1972. TITLE II—ANNUITIES UNDER SURVIVOR B E N E F I T PLAN DEFINITION OF BASE AMOUNT

SEC. 201. Section 1447(2) of title 10, United States Code, is amended to read as follows: " (2) 'Base amount' means— "(A) in the case of a person who dies after becoming entitled to retired or retainer pay, the amount of monthly retired or retainer pay to which the person—

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57: QL3

Sept. 30, 1978 [H.R. 3702]

Uniformed Services Survivors' Benefits Amendments of 1978. 10 USC 1431 note.

Retired and retainer pay, increase. 10 USC 1401a.

10 USC 1434 note.

10 USC 1434 note. 10 USC 1431 et seq.

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