Page:United States Statutes at Large Volume 99 Part 1.djvu/692

 99 STAT. 670

10 USC 1401a.

10 USC 1450.

Repeal. 10 USC 1451 and note. 10 USC 1448 note.

10 USC 1447 et seq.

PUBLIC LAW 99-145—NOV. 8, 1985 on the day after his death or on the 60th anniversary of his birth; "(4) appropriate group annuity tables; and "(5) such other factors as the Secretary considers relevant. "(g)(1) Whenever retired pay is increased under section 1401a of this title (or any other provision of law), each annuity that is payable under the Plan shall be increased at the same time by the same total percent. The amount of the increase shall be based on the monthly annuity payable before any reduction under section 1450(c) of this title or under subsection (c)(2). "(2) The monthly amount of an annuity payable under this subchapter, if not a multiple of $1, shall be rounded to the next lower multiple of $1.". (b) CONFORMING AMENDMENT.—Section 641 of the Department of Defense Authorization Act, 1985 (Public Law 98-525; 98 Stat. 2545), is repealed, effective as of September 1, 1985. (c) OPTION FOR CERTAIN PARTICIPANTS TO WITHDRAW.—A person who during the period beginning on October 19, 1984, and ending on the date of the enactment of this Act became a participant in the Survivor Benefit Plan under subchapter II of chapter 73 of title 10, United States Code, may elect to withdraw from the Plan before the end of the one-year period beginning on the date of the enactment of this Act. Any person who makes a withdrawal shall be paid the amount of the contributions by such person under the Plan, plus interest on such amount as determined by the Secretary of Defense. SEC. 712. SBP COVERAGE FOR MEMBERS WHO DIE AFTER 20 YEARS OF SERVICE

98 Stat. 2548.

(a) IN GENERAL.—Section 1448(d) of title 10, United States Code, is amended to read as follows: "(d)(1) The Secretary concerned shall pay an annuity under this subchapter to the surviving spouse of a member who dies on active duty after— "(A) becoming eligible to receive retired pay; "(B) qualifying for retired pay except that he has not applied for or been granted that pay; or "(C) completing 20 years of active service but before he is eligible to retire as a commissioned officer because he has not completed 10 years of active commissioned service. "(2) The Secretary concerned shall pay an annuity under this subchapter to the dependent child of a member described in paragraph (1) if the member and the member's spouse die as a result of a common accident. "(3) If a member described in paragraph (1) is required under a court order or spousal agreement to provide an annuity to a former spouse upon becoming eligible to be a participant in the Plan or has made an election under subsection (b) to provide an annuity to a former spouse, the Secretary— "(A) may not pay an annuity under paragraph (1) or (2); but "(B) shall pay an annuity to that former spouse as if the member had been a participant in the Plan and had made an election under subsection (b) to provide an annuity to the former spouse, or in accordance with that election, as the case may be, if the Secretary receives a written request from the former spouse concerned that the election be deemed to have been made in the same manner as provided in section 1450(0(3) of this title.

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