Page:United States Statutes at Large Volume 94 Part 2.djvu/427

 PUBLIC LAW 96-402—OCT. 9, 1980

94 STAT. 1705

Public Law 96-402 96th Congress

An Act To amend title 10, United States Code, to remove certain inequities in the Survivor Benefit Plan provided for under chapter 73 of such title, and for other purposes.

Oct. 9, 1980 [S. 91]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be Uniformed cited as the "Uniformed Services Survivor Benefits Amendments of Services Survivor 1980". Benefits SEC. 2. Section 1447(2) of title 10, United States Code, relating to Amendments of 1980. definitions, is amended— 10 USC 1447 (1) in subparagraph (C)— (A) by inserting "but which is not less than $300" after note. "under the Plan"; and (B) by striking out", but not less than $300;" and inserting in lieu thereof a period; and (2) by striking out "as increased from time to time under section 1401a of this title.". SEC. 3. (a) Subsection (a) of section 1451 of title 10, United States Code, relating to the amount of annuities under the Survivor Benefit Plan, is amended to read as follows: "(a)(1) The monthly annuity pavable to a widow, widower, or Monthly dependent child who is entitled under section 1450(a) of this title to annuity. 1450. 10 USC an annuity shall be— "(A) 55 percent of the base amount, as acijusted from time to time under section 1401a of this title, if the annuity is provided 10 USC 1401a. by virtue of eligibility under section l448(a)(l)(A) of this title; or 10 USC 1448. "(B) a lesser percentg^e (determined by the Secretary of Defense in accor«fance with subsection (d)) of the base amount, as adjusted from time to time under section 1401a of this title on or after the date the person becomes entitled to retired pay under chapter 67 of this title, if the annuity is provided by virtue of 10 USC 1331. eligibility under section 1448(a)(l)(B) of this title. "(2) In the case of a widow who has one dependent child, the monthly annuity shall be reduced by the lesser of (A) an amount equal to the amount of the mother's benefit, if any, to which the widow would be entitled under title n of the Social Security Act (42 U.S.C. 401 et seq.) based solely upon service by the person concerned as described in section 210(1)(1) of such Act (42 U.S.C. 410(1)(1)) and calculated assuming that the person concerned lived to age 65, or (B) an amount equal to 40 percent of the amount of the monthly annuity as determined under paragraph (1). "(3) When the widow or widower reaches age 62, or there is no longer a dependent child, whichever occurs later, the monthly annuity shall be reduced by the lesser of (A) an amount equal to the amount of the survivor benefit, if any, to which the widow or widower would be entitled under title H of the Social Security Act (42 U.S.C. 401 et seq.) based solely upon service by the person concerned as described in section 210aXl) of such Act (42 U.S.C. 410(1)(1)) and calculated assuming that the person concerned lives to age 65, or (B)

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