Page:United States Statutes at Large Volume 99 Part 1.djvu/698

 99 STAT. 676

PUBLIC LAW 99-145—NOV. 8, 1985 (B) by striking out "the annuity by virtue of eligibility under section 1448(a)(1)(B) of this title" and inserting in lieu thereof "a reserve-component annuity"; and (C) by striking out "this section" in the third sentence and inserting in lieu thereof "this subsection". (8)(A) The following sections are each amended by striking out "or retainer" each place it appears: 1448(a)(1)(A), 1448(a)(2)(A), 1448(b)(3)(B), 1450(d), 1450(e), 1450(1)(1), 1450(l)(3)(A)(i), 1452. (B) The heading for section 1452, and the item relating to that section in the table of sections at the beginning of such subchapter, are each amended by striking out the penultimate and antepenultimate words. PART B—PROVISIONS RELATING TO RIGHTS FOR SPOUSES AND FORMER SPOUSES SEC. 721. SPOUSAL CONCURRENCE FOR ELECTIONS

(a) CONCURRENCE FOR S B P COVERAGE.—Section 1448(a) of title 10, United States Code, is amended— (1) by inserting "(with his spouse's concurrence, if required under paragraph (3))" in paragraph (2)(A) after "unless he elects"; and (2) by striking out paragraph (3) and inserting in lieu thereof the following: "(3)(A) A married person who is eligible to provide a standard annuity may not without the concurrence of the person's spouse elect— "(i) not to participate in the Plan; "(ii) to provide an annuity for the person's spouse at less than the maximum level; or "(iii) to provide an annuity for a dependent child but not for the person's spouse. "(B) A married person who elects to provide a reserve-component annuity may not without the concurrence of the person's spouse elect— "(i) to provide an annuity for the person's spouse at less than the maximum level; or "(ii) to provide an annuity for a dependent child but not for the person's spouse. "(C) A person may make an election described in subparagraph (A) or (B) without the concurrence of the person's spouse if the person establishes to the satisfaction of the Secretary concerned— "(i) that the spouse's whereabouts cannot be determined; or "(ii) that, due to exceptional circumstances, requiring the person to seek the spouse's consent would otherwise be inappropriate. "(D) This paragraph does not affect any right or obligation to elect to provide an annuity for a former spouse (or for a former spouse and dependent child) under subsection (b)(2). "(E) If a married person who is eligible to provide a standard annuity elects to provide an annuity for a former spouse (or for a former spouse and dependent child) under subsection (b)(2), that person's spouse shall be notified of that election.". (b) CONCURRENCE FOR ELECTION OF COVERAGE AT LESS THAN MAXI-

10 USC 1447.

MUM AMOUNT.—Section 1447(2)(C) of such title is amended by insert-

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