Page:United States Statutes at Large Volume 92 Part 1.djvu/898

 92 STAT. 844

PUBLIC LAW 95-397—SEPT. 30, 1978

"(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; "(B) in the case of a person who would have become eligible 10 USC 1331 et for retired pay under chapter 67 of this title but for the fact ^^9that he died before becoming 60 years of age, the amount of monthly retired pay for which the person would have been eligible— " (i) if he had been 60 years of age on the date of his death, for purposes of an annuity to become effective on the day after his death in accordance with a designation made under Infra. ' Section 1448(e) of this title; or , "(ii) upon becoming 60 years of age (if he had lived to that age), for purposes of an annuity to become effective on the 60th anniversary of his birth in accordance with a designation made under section 1448(e) of this title; or "(C) any amount which is less than the amount otherwise applicable under clause (A) or (B) with respect to an annuity provided under the Plan and which is designated by the person providing the annuity on or before (i) the first day for which he becomes eligible for retired or retainer pay^ in the case of a person providing an annuity by virtue of eligibility under secInfTa. tion 1448(a)(1)(A) of this title, or (ii) the end of the 90-day period beginning on the date on which he receives the notificaPost, p. 847. tion required by section 1331(d) of this title that he has completed the years of service required for eligibility for retired pay under chapter 67 of this title, in the case of a person providing an annuity by virtue of eligibility under section 1448(a)(1)(B) of this title, but not less than $300; as increased from time to time under section 1401a of this title.". APPLICATION OF SURVIVOR BENEFIT PLAN

10 USC 1331 et
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SEC. 202. (a) Subsection (a) of section 1448 of title 10, United States Code, is amended to read as follows: "(a)(1) The program established by this subchapter shall be known as the Survivor Benefit Plan. The following persons are eligible to participate in the Plan: "(A) Persons entitled to retired or retainer pay. "(B) Persons who would be eligible for retired pay under chapter 67 of this title but for the fact that they are under 60 years of age. "(2) The Plan applies— " (A) to a person who is eligible to participate in the Plan under paragraph (1)(A) and who is married or has a dependent child when he becomes entitled to retired or retainer pay, unless he elects not to participate in the Plan before the first day for which he is eligible for that pay; and "(B) to a person who (i) is eligible to participate in the Plan under paragraph (1)(B), (ii) is married or has a dependent child when he is notified under section 1331(d) of this title that he has completed the years of service required for eliffibility for retired pay under chapter 67 of this title, and (iii) elects to participate

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