Page:United States Statutes at Large Volume 98 Part 3.djvu/173

 PUBLIC LAW 98-525—OCT. 19, 1984

98 STAT. 2545

Means of the House of Representatives of their findings under the study under subsection (b). The report shall include— (1) such recommendations for changes in the CHAMPUS system of reimbursement as the Secretaries consider appropriate; and (2) the recommendations of the Secretaries on the need for and appropriateness of a requirement by law relating to hospital participation in the CHAMPUS and Medicare programs such as that described in subsection (b)(D. PART E—BENEFITS FOR SURVIVORS AND FORMER SPOUSES EUMINATION OF CERTAIN SOCIAL SECURITY OFFSETS FROM THE SURVIVOR BENEFIT PLAN

SEC. 641. (a) Section 1451(a)(3) of title 10, United States Code, is amended— (1) by striking out "would be entitled" in the first sentence and inserting in lieu thereof "is entitled"; and (2) by striking out the period at the end of the second sentence and inserting in lieu thereof the following: "or to the extent that the benefit to which the beneficiary is entitled is based on the beneficiary's own earnings or self-employment.". (b) The amendments made by subsection (a) shall apply only in the case of payments of annuities payable for periods that begin on or after September 30, 1985.

Effective date, 10 USC 1451 note.

AUTHORITY TO INITIATE PAYMENTS UNDER SURVIVOR ANNUITY PROGRAMS WHEN THE PARTICIPANT IS MISSING

SEC. 642. (a)(1) Section 1437 of title 10, United States Code, is amended— (A) by striking out "subsection (b)" in subsection (a) and inserting in lieu thereof "subsections (b) and (c),"; and (B) by adding at the end thereof the following new subsection: "(c)(1) Upon application of the beneficiary of a member entitled to retired or retainer pay whose retired or retainer pay has been suspended because the member has been determined to be missing, the Secretary concerned may determine for purposes of this subchapter that the member is presumed dead. Any such determination shall be made in accordance with regulations prescribed under section 1444(a) of this title. The Secretary concerned may not make 10 USC 1444. a determination for purposes of this subchapter that a member is presumed dead unless he finds— "(A) that the member has been missing for at least 30 days; and "(B) that the circumstances under which the member is missing would lead a reasonably prudent person to conclude that the member is dead. "(2) Upon a determination under paragraph (1) with respect to a member, an annuity otherwise payable under this subchapter shall be paid as if the member died on the date as of which the retired or retainer pay of the member was suspended. "(3)(A) If, after a determination under paragraph (1), the Secretary concerned determines that the member is alive, any annuity being paid under this subchapter by reason of this subsection shall be promptly terminated and the total amount of any annuity pay-

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