Page:United States Statutes at Large Volume 94 Part 2.djvu/430

 94 STAT. 1708

10 USC 1447. Definitions.

38 USC 521 note.

38 USC 541.

Effective date. 10 USC 1447 note.

PUBLIC LAW 96-402—OCT. 9, 1980

(c) If an individual entitled to an annuity under this section is also entitled to an annuity under subchapter U of chapter 73 of title 10, United States Code, based upon a subsequent marriage, the individual may not receive both annuities but must elect which to receive. (d) As used in this section: (1) The term "uniformed services" means the Armed Forces and the commissioned corps of the Public Health Service and of the National Oceanic and Atmospheric Administration. (2) The term "surviving spouse" has the meaning given the terms "widow" and "widower" in section 1447 of title 10, United States Code. (3) The term "Secretary concerned" has the meaning given such term in section 101(8) of title 10, United States Code, and includes the Secretary of Commerce, with respect to matters concerning the National Oceanic and Atmospheric Administration, and the Secretary of Health and Human Services, with respect to matters concerning the Public Health Service. SEC. 6. Section 4 of the Act entitled "An Act to amend chapter 73 of title 10, United States Code, to establish a Survivor Benefit Plan, and for other purposes", approved September 21, 1972 (10 U.S.C. 1448 note), is amended— (1) by striking out "section 90b) of the Veterans* Pension Act of 1959 (73 Stat. 436)" in subsection (a)(2) and inserting in lieu thereof "section 306 of the Veterans' and Survivors' Pension Improvement Act of 1978"; (2) by striking out "in the limitation on annual income for purposes of eligibility for benefits under section 5410b) of title 38, United States Code in the first sentence of subsection (c) and inserting in lieu thereof "under section 3112 of title 38, United States Code, in the maximum armual rate of pension under section 5410b) of such title"; and (3) by striking out "limitation on annual income" in the second sentence of subsection (c) and inserting in lieu thereof "the maximum armual rate of pension". SEC. 7. The amendments made by sections 2,3, and 4 of this Act and the provisions of section 5 of this Act shall be effective on the first day of the second calendar month following the month in which this Act is enacted and shall apply to aimuities payable by virtue of such amendments and provisions for months beginning on or after such date. No benefits shall accrue to any person by virtue of the enactment of this Act for any period before the date of the enactment of this Act. Approved October 9, 1980.

LEGISLATIVE HISTORY: HOUSE REPORT No. 96-1315 (Comm. on Armed Services). SENATE REPORT No. 96-748 (Comm. on Armed Services). CONGRESSIONAL RECORD, Vol. 126 (1980): May 28, considered and passed Senate. Sept. 22, considered and passed House, amended. Sept. 29, Senate concurred in House amendment.

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