Page:United States Statutes at Large Volume 96 Part 1.djvu/779

 PUBLIC LAW 97-252—SEPT. 8, 1982

96 STAT. 737

MEDICAL BENEFITS

SEC. 1004. (a) Section 1072(2) of title 10, United States Code, is amended— (1) by striking out "and" at the end of clause (D); (2) by striking out the period at the end of clause (E) and inserting in lieu thereof a semicolon and "and"; and (3) by adding at the end thereof the following new clause: "(F) the unremarried former spouse of a member or former member who (i) on the date of the final decree of divorce, dissolution, or annulment, had been married to the member or former member for a period of at least 20 years during which period the member or former member performed at least 20 years of service which is creditable in determining that member's or former member's eligibility for retired or retainer pay, or equivalent pay, and (ii) does not have medical coverage under an employersponsored health plan.". (b) Section 1076(b) of such title is amended by inserting at the end lo use 1076. thereof the following: "A dependent described in section 1072(2)(F) of this title may be provided medical and dental care pursuant to clause (2) without regard to subclause (B) of such clause.. (c) Section 1086(c) of such title is amended by inserting after '^^ use 1086. clause (2) the following new clause: "(3) A dependent covered by section 1072(2)(F) of this title.", lo use 1072. COMMISSARY AND EXCHANGE PRIVILEGES

SEC. 1005. The Secretary of Defense shall prescribe such regula- Regulations. tions as may be necessary to provide that an unremarried former ^ote ^^^^ spouse described in subparagraph (F)(i) of section 1072(2) of title 10, United States Code (as added by section 1004), is entitled to commissary and post exchange privileges to the same extent and on the same basis as the surviving spouse of a retired member of the uniformed services. EFFECTIVE DATES AND TRANSITION

SEC. 1006. (a) The amendments made by this title shall take effect on the first day of the first month which begins more than one hundred and twenty days after the date of the enactment of this title. (b) Subsection (d) of section 1408 of title 10, United States C!ode, as added by section 1002(a), shall apply only with respect to pa3mients of retired or retainer pay for periods beginning on or after the effective date of this title, but without regard to the date of any court order. However, in the case of a court order that became final before June 26, 1981, payments under such subsection may only be made in accordance with such order as in effect on such date and without regard to any subsequent modifications. (c) The amendments made by section 1003 of this title shall apply to persons who become eligible to participate in the Survivor Benefit Plan provided for in subchapter II of chapter 73 of title 10, United States Code, before, on, or after the effective date of such amendments. (d) The amendments made by section 1004 of this title and the provisions of section 1005 of this title shall apply in the case of any

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