Page:United States Statutes at Large Volume 97.djvu/685

 PUBLIC LAW 98-94—SEPT. 24, 1983 97 STAT. 653 "(ii) who has a former spouse who was not that person's former spouse when he became eligible to participate in the Plan, may (subject to subparagraph (B)) elect to provide an annuity to that former spouse. Any such election terminates any previous coverage under the Plan and must be written, signed by the person, and received by the Secretary concerned within one year after the date of the decree of divorce, dissolution, or annulment. "(B) A person may not make an election under subparagraph (A) to provide an annuity to a former spouse who that person married after becoming eligible for retired or retainer pay unless— "(i) the person was married to that former spouse for at least one year, or "(ii) that former spouse is the parent of issue by that marriage. "(C) An election under this paragraph may not be revoked except in accordance with section 1450(f) of this title and is effective as of 10 USC 1450. the first day of the first calendar month following the month in which it is received by the Secretary concerned. This paragraph does not provide the authority to change a designation previously made under subsection (e). "(D) If a person who is married makes an election to provide an annuity to a former spouse under this paragraph, that person's spouse shall be notified of that election. "(4) A person who elects to provide an annuity to a former spouse Written under paragraph (2) or (3) shall, at the time of making the election, statement. provide the Secretary concerned with a written statement (in a form to be prescribed by that Secretary and signed by such person and the former spouse) setting forth whether the election is being made pursuant to a written agreement previously entered into voluntarily by such person as a part of or incident to a proceeding of divorce, dissolution, or annulment and (if so) whether such voluntary written agreement has been incorporated in, or ratified or approved by, a court order.". (3) Section 1450 of title 10, United States Code, is amended— (A) by striking out "at the time the person to whom section 1448 applies became entitled to retired or retainer pay" in subsection (a)(4); and (B) by inserting "(without regard to the eligibility of the person making the change of election to make an election under such section)" before the period at the end of the third sentence of subsection (f)(1). (b) In the case of a person who on the date of the enactment of this lo usc 1448 Act is a person described in subparagraph (A) of subsection (b)(3) of ^°^- section 1448 of title 10, United States Code (as amended by subsec- tion (a)(2)), such subsection shall apply to that person as if the one- year period provided for in subparagraph (A) of such subsection began on the date of the enactment of this Act. (c)(1) Section 1447(8) of title 10, United States Code, is amended by striking out "annulment, or legal separation," both places it appears and inserting in lieu thereof "or annulment". (2) Section 1448(a)(3) is amended— lo usc 1448. (A) by inserting "for a former spouse" after "an annuity" the second place it appears in subparagraphs (A) and (B); and (B) by striking out "of this section both places it appears. (3) Section 1450(f) of such title is amended— 10 USC 1450. (A) by striking out "of this subsection" in paragraph (1); and

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