Page:United States Statutes at Large Volume 99 Part 1.djvu/693

 PUBLIC LAW 99-145—NOV. 8, 1985 "(4) An annuity that may be provided under this subsection shall be provided in preference to an annuity that may be provided under any other provision of this subchapter on account of service of the same member. "(5) The amount of an annuity under this subsection is computed under section 1451(c) of this title.". (b) PERSONS COVERED.—(1) Section 1448(d) of title 10, United States Code, as amended by subsection (a), applies to the surviving spouse and dependent children of a person who dies on active duty after September 20, 1972, and the former spouse of a person who dies after September 7, 1982. (2) In the case of the surviving spouse and children of a person who dies during the period beginning on September 21, 1972, and ending on October 1, 1985, the Secretary concerned shall take appropriate steps to locate persons eligible for an annuity under section 1448(d) of title 10, United States Code, as amended by subsection (a). Any such person must submit an application to the Secretary for such an annuity before October 1, 1988, to be eligible to receive such annuity. Any such annuity shall be effective only for months after the month in which the Secretary receives such application.

99 STAT. 671

Ante, p. 666. 10 USC 1448 ^°^-

SEC. 713. ANNUITY FOR SURVIVORS OF CERTAIN RETIREMENT-ELIGIBLE RESERVISTS

(a) EuGiBiLiTY.—Section 1448 of title 10, United States Code, is amended by adding at the end thereof the following new subsection: "(fKl) The Secretary concerned shall pay an annuity under this subchapter to the surviving spouse of a person who is eligible to provide a reserve-component annuity and who dies— "(A) before being notified under section 1331(d) of this title 10 USC 1331. that he has completed the years of service required for eligibility for retired pay under chapter 67 of this title; or 10 USC 1331 et "(B) during the 90-day period beginning on the date he s«9receives notification under section 1331(d) of this title that he has completed the years of service required for eligibility for retired pay under chapter 67 of this title if he had not made an election under subsection (a)(2)(B) to participate in the Plan. "(2) The Secretary concerned shall pay an annuity under this subchapter to the dependent child of a person described in paragraph (1) if the person and the person's spouse die as a result of a common accident. "(3) If a person 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 person 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(fK3) of t h i s title.

"(4) The amount of an annuity under this subsection is computed under section 1451(c) of this title.".

98 Stat. 2548.

Ante, p. 666.

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