
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 642(a)]
[Document affected by Public Law 107-107 Section 642(c)(1)]
[Document affected by Public Law 107-107 Section 642(d)]
[CITE: 10USC1448]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
         CHAPTER 73--ANNUITIES BASED ON RETIRED OR RETAINER PAY
 
                  SUBCHAPTER II--SURVIVOR BENEFIT PLAN
 
Sec. 1448. Application of Plan

    (a) General Rules for Participation in the Plan.--
        (1) Name of plan; eligible participants.--The program 
    established by this subchapter shall be known as the Survivor 
    Benefit Plan. The following persons are eligible to participate in 
    the Plan:
            (A) Persons entitled to retired pay.
            (B) Persons who would be eligible for reserve-component 
        retired pay but for the fact that they are under 60 years of 
        age.

        (2) Participants in the plan.--The Plan applies to the following 
    persons, who shall be participants in the Plan:
            (A) Standard annuity participants.--A person who is eligible 
        to participate in the Plan under paragraph (1)(A) and who is 
        married or has a dependent child when he becomes entitled to 
        retired pay, unless he elects (with his spouse's concurrence, if 
        required under paragraph (3)) not to participate in the Plan 
        before the first day for which he is eligible for that pay.
            (B) Reserve-component annuity participants.--A person who 
        (i) is eligible to participate in the Plan under paragraph 
        (1)(B), and (ii) is married or has a dependent child when he is 
        notified under section 12731(d) of this title that he has 
        completed the years of service required for eligibility for 
        reserve-component retired pay, unless the person elects (with 
        his spouse's concurrence, if required under paragraph (3)) not 
        to participate in the Plan before the end of the 90-day period 
        beginning on the date on which he receives that notification.

    A person who elects under subparagraph (B) not to participate in the 
    Plan remains eligible, upon reaching 60 years of age and otherwise 
    becoming entitled to retired pay, to participate in the Plan in 
    accordance with eligibility under paragraph (1)(A).
        (3) Elections.--
            (A) Spousal consent for certain elections respecting 
        standard annuity.--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) Spousal consent for certain elections respecting 
        reserve-component annuity.--A married person who is eligible to 
        provide a reserve-component annuity may not without the 
        concurrence of the person's spouse elect--
                (i) not to participate in the Plan;
                (ii) to designate under subsection (e)(2) the effective 
            date for commencement of annuity payments under the Plan in 
            the event that the member dies before becoming 60 years of 
            age to be the 60th anniversary of the member's birth (rather 
            than the day after the date of the member's death);
                (iii) to provide an annuity for the person's spouse at 
            less than the maximum level; or
                (iv) to provide an annuity for a dependent child but not 
            for the person's spouse.

            (C) Exception when spouse unavailable.--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) Construction with former spouse election provisions.--
        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) Notice to spouse of election to provide former spouse 
        annuity.--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.

        (4) Irrevocability of elections.--
            (A) Standard annuity.--An election under paragraph (2)(A) is 
        irrevocable if not revoked before the date on which the person 
        first becomes entitled to retired pay.
            (B) Reserve-component annuity.--An election under paragraph 
        (2)(B) is irrevocable if not revoked before the end of the 90-
        day period referred to in that paragraph.

        (5) Participation by person marrying after retirement, etc.--
            (A) Election to participate in plan.--A person who is not 
        married and has no dependent child upon becoming eligible to 
        participate in the Plan but who later marries or acquires a 
        dependent child may elect to participate in the Plan.
            (B) Manner and time of election.--Such an election must be 
        written, signed by the person making the election, and received 
        by the Secretary concerned within one year after the date on 
        which that person marries or acquires that dependent child.
            (C) Limitation on revocation of election.--Such an election 
        may not be revoked except in accordance with subsection (b)(3).
            (D) Effective date of election.--The election is effective 
        as of the first day of the first calendar month following the 
        month in which the election is received by the Secretary 
        concerned.
            (E) Designation if rcsbp election.--In the case of a person 
        providing a reserve-component annuity, such an election shall 
        include a designation under subsection (e).

        (6) Election out of plan by person with spouse coverage who 
    remarries.--
            (A) General rule.--A person--
                (i) who is a participant in the Plan and is providing 
            coverage under the Plan for a spouse (or a spouse and 
            child);
                (ii) who does not have an eligible spouse beneficiary 
            under the Plan; and
                (iii) who remarries,

        may elect not to provide coverage under the Plan for the 
        person's spouse.
            (B) Effect of election on retired pay.--If such an election 
        is made, reductions in the retired pay of that person under 
        section 1452 of this title shall not be made.
            (C) Terms and conditions of election.--An election under 
        this paragraph--
                (i) is irrevocable;
                (ii) shall be made within one year after the person's 
            remarriage; and
                (iii) shall be made in such form and manner as may be 
            prescribed in regulations under section 1455 of this title.

            (D) Notice to spouse.--If a person makes an election under 
        this paragraph--
                (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,

        the person's spouse shall be notified of that election.
            (E) Construction with former spouse election provisions.--
        This paragraph does not affect any right or obligation to elect 
        to provide an annuity to a former spouse under subsection (b).

    (b) Insurable Interest and Former Spouse Coverage.--
        (1) Coverage for person with insurable interest.--
            (A) General rule.--A person who is not married and does not 
        have a dependent child upon becoming eligible to participate in 
        the Plan may elect to provide an annuity under the Plan to a 
        natural person with an insurable interest in that person. In the 
        case of a person providing a reserve-component annuity, such an 
        election shall include a designation under subsection (e).
            (B) Termination of coverage.--An election under subparagraph 
        (A) for a beneficiary who is not the former spouse of the person 
        providing the annuity may be terminated. Any such termination 
        shall be made by a participant by the submission to the 
        Secretary concerned of a request to discontinue participation in 
        the Plan, and such participation in the Plan shall be 
        discontinued effective on the first day of the first month 
        following the month in which the request is received by the 
        Secretary concerned. Effective on such date, the Secretary 
        concerned shall discontinue the reduction being made in such 
        person's retired pay on account of participation in the Plan or, 
        in the case of a person who has been required to make deposits 
        in the Treasury on account of participation in the Plan, such 
        person may discontinue making such deposits effective on such 
        date.
            (C) Form for discontinuation.--A request under subparagraph 
        (B) to discontinue participation in the Plan shall be in such 
        form and shall contain such information as may be required under 
        regulations prescribed by the Secretary of Defense.
            (D) Withdrawal of request for discontinuation.--The 
        Secretary concerned shall furnish promptly to each person who 
        submits a request under subparagraph (B) to discontinue 
        participation in the Plan a written statement of the advantages 
        and disadvantages of participating in the Plan and the possible 
        disadvantages of discontinuing participation. A person may 
        withdraw the request to discontinue participation if withdrawn 
        within 30 days after having been submitted to the Secretary 
        concerned.
            (E) Consequences of discontinuation.--Once participation is 
        discontinued, benefits may not be paid in conjunction with the 
        earlier participation in the Plan and premiums paid may not be 
        refunded. Participation in the Plan may not later be resumed 
        except through a qualified election under paragraph (5) of 
        subsection (a).

        (2) Former spouse coverage upon becoming a participant in the 
    plan.--
            (A) General rule.--A person who has a former spouse upon 
        becoming eligible to participate in the Plan may elect to 
        provide an annuity to that former spouse.
            (B) Effect of former spouse election on spouse or dependent 
        child.--In the case of a person with a spouse or a dependent 
        child, such an election prevents payment of an annuity to that 
        spouse or child (other than a child who is a beneficiary under 
        an election under paragraph (4)), including payment under 
        subsection (d).
            (C) Designation if more than one former spouse.--If there is 
        more than one former spouse, the person shall designate which 
        former spouse is to be provided the annuity.
            (D) Designation if rcsbp election.--In the case of a person 
        providing a reserve-component annuity, such an election shall 
        include a designation under subsection (e).

        (3) Former spouse coverage by persons already participating in 
    plan.--
            (A) Election of coverage.--
                (i) Authority for election.--A person--
                    (I) who is a participant in the Plan and is 
                providing coverage for a spouse or a spouse and child 
                (even though there is no beneficiary currently eligible 
                for such coverage), and
                    (II) who has a former spouse who was not that 
                person's former spouse when that person became eligible 
                to participate in the Plan,

          may (subject to subparagraph (B)) elect to provide an annuity 
            to that former spouse.
                (ii) Termination of previous coverage.--Any such 
            election terminates any previous coverage under the Plan.
                (iii) Manner and time of election.--Any such election 
            must be written, signed by the person making the election, 
            and received by the Secretary concerned within one year 
            after the date of the decree of divorce, dissolution, or 
            annulment.

            (B) Limitation on election.--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 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) Irrevocability, etc.--An election under this paragraph 
        may not be revoked except in accordance with section 1450(f) of 
        this title. This paragraph does not provide the authority to 
        change a designation previously made under subsection (e).
            (D) Notice to spouse.--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 the 
        election.
            (E) Effective date of election.--An election under this 
        paragraph is effective as of--
                (i) the first day of the first month following the month 
            in which the election is received by the Secretary 
            concerned; or
                (ii) in the case of a person required (as described in 
            section 1450(f)(3)(B) of this title) to make the election by 
            reason of a court order or filing the date of which is after 
            October 16, 1998, the first day of the first month which 
            begins after the date of that court order or filing.

        (4) Former spouse and child coverage.--A person who elects to 
    provide an annuity for a former spouse under paragraph (2) or (3) 
    may, at the time of the election, elect to provide coverage under 
    that annuity for both the former spouse and a dependent child, if 
    the child resulted from the person's marriage to that former spouse.
        (5) Disclosure of whether election of former spouse coverage is 
    required.--A person who elects to provide an annuity to a former 
    spouse under paragraph (2) or (3) shall, at the time of making the 
    election, 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--
            (A) whether the election is being made pursuant to the 
        requirements of a court order; or
            (B) 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.

    (c) Persons on Temporary Disability Retired List.--The application 
of the Plan to a person whose name is on the temporary disability 
retired list terminates when his name is removed from that list and he 
is no longer entitled to disability retired pay.
    (d) Coverage for Survivors of Retirement-Eligible Members Who Die on 
Active Duty.--
        (1) Surviving spouse annuity.--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) Dependent child annuity.--The Secretary concerned shall pay 
    an annuity under this subchapter to the dependent child of a member 
    described in paragraph (1) if there is no surviving spouse or if the 
    member's surviving spouse subsequently dies.
        (3) Mandatory former spouse annuity.--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(f)(3) of 
        this title.

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

    (e) Designation for Commencement of Reserve-Component Annuity.--In 
any case in which a person is required to make a designation under this 
subsection, the person shall designate whether, in the event he dies 
before becoming 60 years of age, the annuity provided shall become 
effective on--
        (1) the day after the date of his death; or
        (2) the 60th anniversary of his birth.

    (f) Coverage of Survivors of Persons Dying When Eligible To Elect 
Reserve-Component Annuity.--
        (1) Surviving spouse annuity.--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 12731(d) of this 
        title that he has completed the years of service required for 
        eligibility for reserve-component retired pay; or
            (B) during the 90-day period beginning on the date he 
        receives notification under section 12731(d) of this title that 
        he has completed the years of service required for eligibility 
        for reserve-component retired pay if he had not made an election 
        under subsection (a)(2)(B) to participate in the Plan.

        (2) Dependent child annuity.--The Secretary concerned shall pay 
    an annuity under this subchapter to the dependent child of a person 
    described in paragraph (1) if there is no surviving spouse or if the 
    person's surviving spouse subsequently dies.
        (3) Mandatory former spouse annuity.--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(f)(3) of 
        this title.

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

    (g) Election To Increase Coverage Upon Remarriage.--
        (1) Election.--A person--
            (A) who is a participant in the Plan and is providing 
        coverage under subsection (a) for a spouse or a spouse and 
        child, but at less than the maximum level; and
            (B) who remarries,

    may elect, within one year of such remarriage, to increase the level 
    of coverage provided under the Plan to a level not in excess of the 
    current retired pay of that person.
        (2) Payment required.--Such an election shall be contingent on 
    the person paying to the United States the amount determined under 
    paragraph (3) plus interest on such amount at a rate determined 
    under regulations prescribed by the Secretary of Defense.
        (3) Amount to be paid.--The amount referred to in paragraph (2) 
    is the amount equal to the difference between--
            (A) the amount that would have been withheld from such 
        person's retired pay under section 1452 of this title if the 
        higher level of coverage had been in effect from the time the 
        person became a participant in the Plan; and
            (B) the amount of such person's retired pay actually 
        withheld.

        (4) Manner of making election.--An election under paragraph (1) 
    shall be made in such manner as the Secretary shall prescribe and 
    shall become effective upon receipt of the payment required by 
    paragraph (2).
        (5) Disposition of payments.--A payment received under this 
    subsection by the Secretary of Defense shall be deposited into the 
    Department of Defense Military Retirement Fund. Any other payment 
    received under this subsection shall be deposited in the Treasury as 
    miscellaneous receipts.

(Added Pub. L. 92-425, Sec. 1(3), Sept. 21, 1972, 86 Stat. 707; amended 
Pub. L. 94-496, Sec. 1(2), Oct. 14, 1976, 90 Stat. 2375; Pub. L. 95-397, 
title II, Sec. 202, Sept. 30, 1978, 92 Stat. 844; Pub. L. 97-252, title 
X, Sec. 1003(b), Sept. 8, 1982, 96 Stat. 735; Pub. L. 97-295, 
Sec. 1(18), Oct. 12, 1982, 96 Stat. 1290; Pub. L. 98-94, title IX, 
Sec. 941(a)(1), (2), (c)(2), Sept. 24, 1983, 97 Stat. 652, 653; Pub. L. 
99-145, title V, Sec. 513(b), title VII, Secs. 712(a), 713(a), 715, 
716(a), 719(3), (8)(A), 721(a), Nov. 8, 1985, 99 Stat. 628, 670, 671, 
673-676; Pub. L. 99-661, div. A, title VI, Secs. 641(b)(1), 642(a), 
title XIII, Sec. 1343(a)(8)(B), Nov. 14, 1986, 100 Stat. 3885, 3886, 
3992; Pub. L. 101-189, div. A, title XIV, Sec. 1407(a)(2), (3), Nov. 29, 
1989, 103 Stat. 1588; Pub. L. 103-337, div. A, title VI, Sec. 638, title 
XVI, Sec. 1671(d)(2), Oct. 5, 1994, 108 Stat. 2791, 3015; Pub. L. 104-
201, div. A, title VI, Sec. 634, Sept. 23, 1996, 110 Stat. 2553; Pub. L. 
105-85, div. A, title X, Sec. 1073(a)(27), Nov. 18, 1997, 111 Stat. 
1901; Pub. L. 105-261, div. A, title VI, Sec. 643(a), Oct. 17, 1998, 112 
Stat. 2047; Pub. L. 106-65, div. A, title X, Sec. 1066(a)(12), Oct. 5, 
1999, 113 Stat. 771; Pub. L. 106-398, Sec. 1 [[div. A], title VI, 
Sec. 655(a)-(c)(3), title X, Sec. 1087(a)(10)], Oct. 30, 2000, 114 Stat. 
1654, 1654A-165, 1654A-166, 1654A-290.)


                               Amendments

    2000--Subsec. (a)(2). Pub. L. 106-398, Sec. 1 [[div. A], title VI, 
Sec. 655(c)(1)], substituted ``who elects under subparagraph (B) not to 
participate in the Plan'' for ``described in clauses (i) and (ii) of 
subparagraph (B) who does not elect to participate in the Plan before 
the end of the 90-day period referred to in that clause'' in concluding 
provisions.
    Subsec. (a)(2)(B). Pub. L. 106-398, Sec. 1 [[div. A], title VI, 
Sec. 655(a)], amended heading and text of subpar. (B) generally. Prior 
to amendment, text read as follows: ``A person who (i) is eligible to 
participate in the Plan under paragraph (1)(B), (ii) is married or has a 
dependent child when he is notified under section 12731(d) of this title 
that he has completed the years of service required for eligibility for 
reserve-component retired pay, and (iii) elects to participate in the 
Plan (and makes a designation under subsection (e)) before the end of 
the 90-day period beginning on the date he receives such notification.''
    Subsec. (a)(3)(B). Pub. L. 106-398, Sec. 1 [[div. A], title VI, 
Sec. 655(b)], substituted ``who is eligible to provide'' for ``who 
elects to provide'' in introductory provisions, added cls. (i) and (ii), 
and redesignated former cls. (i) and (ii) as (iii) and (iv), 
respectively.
    Subsec. (a)(4)(A). Pub. L. 106-398, Sec. 1 [[div. A], title VI, 
Sec. 655(c)(2)(A)], struck out ``not to participate in the Plan'' after 
``election under paragraph (2)(A)''.
    Subsec. (a)(4)(B). Pub. L. 106-398, Sec. 1 [[div. A], title VI, 
Sec. 655(c)(2)(B)], struck out ``to participate in the Plan'' after 
``under paragraph (2)(B)''.
    Subsec. (b)(3)(E)(ii). Pub. L. 106-398, Sec. 1 [[div. A], title X, 
Sec. 1087(a)(10)], struck out second comma after ``October 16, 1998''.
    Subsec. (e). Pub. L. 106-398, Sec. 1 [[div. A], title VI, 
Sec. 655(c)(3)], substituted ``a person is required to make a 
designation under this subsection, the person'' for ``a person electing 
to participate in the Plan is required to make a designation under this 
subsection, the person making such election'' in introductory 
provisions.
    1999--Subsec. (b)(3)(E)(ii). Pub. L. 106-65 substituted ``after 
October 16, 1998,'' for ``on or after the date of the enactment of the 
subparagraph''.
    1998--Subsec. (b)(3)(C). Pub. L. 105-261, Sec. 643(a)(1), struck out 
``effective date,'' after ``Irrevocability,'' in heading and ``Such an 
election is effective as of the first day of the first calendar month 
following the month in which it is received by the Secretary 
concerned.'' after ``section 1450(f) of this title.'' in text.
    Subsec. (b)(3)(E). Pub. L. 105-261, Sec. 643(a)(2), added subpar. 
(E).
    1997--Pub. L. 105-85 substituted ``Plan'' for ``plan'' in section 
catchline.
    1996--Pub. L. 104-201 amended section generally, revising and 
restating provisions relating to application of the Plan and inserting 
subsec., par., and subpar. headings.
    1994--Subsec. (a)(2)(B). Pub. L. 103-337, Sec. 1671(d)(2), 
substituted ``12731(d)'' for ``1331(d)''.
    Subsec. (b)(1). Pub. L. 103-337, Sec. 638, designated existing 
provisions as subpar. (A) and added subpars. (B) to (E).
    Subsec. (f)(1). Pub. L. 103-337, Sec. 1671(d)(2), substituted 
``12731(d)'' for ``1331(d)'' in subpars. (A) and (B).
    1989--Subsec. (a)(1)(B), (2)(B). Pub. L. 101-189, Sec. 1407(a)(2), 
substituted ``reserve-component retired pay'' for ``retired pay under 
chapter 67 of this title''.
    Subsec. (a)(4)(A). Pub. L. 101-189, Sec. 1407(a)(3), struck out ``or 
retainer'' after ``entitled to retired''.
    Subsec. (f)(1)(A), (B). Pub. L. 101-189, Sec. 1407(a)(2), 
substituted ``reserve-component retired pay'' for ``retired pay under 
chapter 67 of this title''.
    1986--Subsec. (a)(5). Pub. L. 99-661, Sec. 1343(a)(8)(B), 
substituted ``a reserve-component annuity'' for ``an annuity by virtue 
of eligibility under paragraph (1)(B)''.
    Subsec. (b)(5). Pub. L. 99-661, Sec. 641(b)(1), inserted ``(A) 
whether the election is being made pursuant to the requirements of a 
court order, or (B)''.
    Subsec. (d)(2). Pub. L. 99-661, Sec. 642(a)(1), substituted ``if 
there is no surviving spouse or if the member's surviving spouse 
subsequently dies'' for ``if the member and the member's spouse die as a 
result of a common accident''.
    Subsec. (f)(2). Pub. L. 99-661, Sec. 642(a)(2), substituted ``if 
there is no surviving spouse or if the person's surviving spouse 
subsequently dies'' for ``if the person and the person's spouse die as a 
result of a common accident''.
    1985--Subsec. (a)(1)(A). Pub. L. 99-145, Sec. 719(8)(A), substituted 
``retired pay'' for ``retired or retainer pay''.
    Subsec. (a)(2)(A). Pub. L. 99-145, Sec. 721(a)(1), inserted ``(with 
his spouse's concurrence, if required under paragraph (3))'' after 
``unless he elects''.
    Pub. L. 99-145, Sec. 719(8)(A), substituted ``retired pay'' for 
``retired or retainer pay''.
    Subsec. (a)(3). Pub. L. 99-145, Sec. 721(a)(2), amended par. (3) 
generally. Prior to amendment, par. (3) read as follows:
    ``(A) If a person who is eligible under paragraph (1)(A) to 
participate in the Plan and who is married elects not to participate in 
the Plan at the maximum level, or elects to provide an annuity for a 
dependent child but not for his spouse, or elects to provide an annuity 
for a former spouse under subsection (b)(2), that person's spouse shall 
be notified of that election.
    ``(B) If a person who is eligible under paragraph (1)(B) to 
participate in the Plan and who is married does not elect to participate 
in the Plan at the maximum level, or elects to provide an annuity for a 
dependent child but not for his spouse, or elects to provide an annuity 
for a former spouse under subsection (b)(2), that person's spouse shall 
be notified of that action.''
    Subsec. (a)(6). Pub. L. 99-149, Sec. 715(a), added par. (6).
    Subsec. (b)(1). Pub. L. 99-145, Sec. 719(3), substituted ``a 
reserve-component annuity'' for ``an annuity under this paragraph by 
virtue of eligibility under subsection (a)(1)(B)''.
    Subsec. (b)(2). Pub. L. 99-145, Sec. 719(3), substituted ``a 
reserve-component annuity'' for ``an annuity under this paragraph by 
virtue of eligibility under subsection (a)(1)(B)''.
    Pub. L. 99-145, Sec. 716(a)(1), inserted ``(other than a child who 
is a beneficiary under an election under paragraph (4))'' after ``that 
spouse or child'' in second sentence.
    Subsec. (b)(3)(B). Pub. L. 99-145, Sec. 719(8)(A), substituted 
``retired pay'' for ``retired or retainer pay''.
    Subsec. (b)(4), (5). Pub. L. 99-145, Sec. 716(a)(2), (3), added par. 
(4) and redesignated former par. (4) as (5).
    Subsec. (c). Pub. L. 99-145, Sec. 513(b), inserted ``disability'' 
before ``retired pay''.
    Subsec. (d). Pub. L. 99-145, Sec. 712(a), amended subsec. (d) 
generally. Prior to amendment, subsec. (d) read as follows: ``If a 
member of an armed force dies on active duty after he has become 
entitled to retired or retainer pay, or after he has qualified for that 
pay except that he has not applied for or been granted that pay, and his 
spouse is eligible for dependency and indemnity compensation under 
section 411(a) of title 38 in an amount that is less than the annuity 
the spouse would have received under this subchapter if it had applied 
to the member when he died, the Secretary concerned shall pay to the 
spouse an annuity equal to the difference between that amount of 
compensation and 55 percent of the retired or retainer pay to which the 
otherwise eligible spouse described in section 1450(a)(1) of this title 
would have been entitled if the member had been entitled to that pay 
based upon his years of active service when he died.''
    Subsec. (f). Pub. L. 99-145, Sec. 713(a), added subsec. (f).
    Subsec. (g). Pub. L. 99-145, Sec. 715(b), added subsec. (g).
    1983--Subsec. (a)(3). Pub. L. 98-94, Sec. 941(c)(2), substituted 
``provide an annuity for a former spouse under subsection (b)(2),'' for 
``provide an annuity under subsection (b)(2) of this section,'' in 
subpars. (A) and (B).
    Subsec. (a)(5). Pub. L. 98-94, Sec. 941(a)(1), inserted ``except in 
accordance with subsection (b)(3)''.
    Subsec. (b). Pub. L. 98-94, Sec. 941(a)(2), amended subsec. (b) 
generally. Prior to amendment subsec. (b) read as follows:
    ``(1) A person who is not married and does not have a dependent 
child when he becomes eligible to participate in the Plan may elect to 
provide an annuity to a natural person with an insurable interest in 
that person or to provide an annuity to a former spouse.
    ``(2) A person who is married, or has a dependent child may elect to 
provide an annuity to a former spouse instead of providing an annuity to 
a spouse or dependent child if the election is made in order to carry 
out the terms of a written agreement entered into voluntarily with the 
former spouse (without regard to whether such agreement is included in 
or approved by a court order).
    ``(3) In the case of a person electing to provide an annuity under 
paragraph (1) or (2) of this subsection by virtue of eligibility under 
subsection (a)(1)(B), the election shall include a designation under 
subsection (e).
    ``(4) Any person who elects under paragraph (1) or (2) to provide an 
annuity to a former spouse shall, at the time of making such election, 
provide the Secretary concerned with a written statement, in a form to 
be prescribed by that Secretary, signed by such person and the former 
spouse setting forth whether the election is being made pursuant to a 
voluntary written agreement previously entered into by such person as a 
part of or incident to a proceeding of divorce, dissolution, annulment, 
or legal separation, and if so, whether such voluntary written agreement 
has been incorporated in or ratified or approved by a court order.''
    1982--Pub. L. 97-295, Sec. 1(18), substituted ``Plan'' for ``plan'' 
in section catchline.
    Subsec. (a)(3). Pub. L. 97-252, Sec. 1003(b)(1), inserted in 
subpars. (A) and (B) identical text ``or elects to provide an annuity 
under subsection (b)(2) of this section,'' after ``for his spouse,''.
    Subsec. (b). Pub. L. 97-252, Sec. 1003(b)(2), designated existing 
first sentence as par. (1), authorized an election to provide an annuity 
to a former spouse, added pars. (2) and (4), designated existing second 
sentence as par. (3), and substituted ``person electing to provide an 
annuity under paragraph (1) or (2) of this subsection'' for ``person 
providing an annuity under this subsection'' and ``the election'' for 
``such an election''.
    1978--Subsec. (a). Pub. L. 95-397, Sec. 202(a), amended subsec. (a) 
generally, primarily inserting provision that this subchapter shall be 
known as the Survivor Benefit Plan and provisions of pars. (1)(B), 
(2)(B) and concluding sentence, (3)(B), (4)(B), and last sentence of 
(5).
    Subsec. (b). Pub. L. 95-397, Sec. 202(b), substituted ``entitled to 
retired or retainer pay'' for ``eligible to participate in the Plan'' 
and inserted provisions relating to the inclusion in an election a 
designation under subsection (e) by persons providing an annuity under 
this subsection by virtue of eligibility under subsection (a)(1)(B).
    Subsec. (e). Pub. L. 95-397, Sec. 202(c), added subsec. (e).
    1976--Subsec. (a). Pub. L. 94-496 inserted ``or elects to provide an 
annuity for a dependent child but not for his spouse'' after ``maximum 
level''.


                    Effective Date of 2000 Amendment

    Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec. 655(d)], Oct. 30, 
2000, 114 Stat. 1654, 1654A-166, provided that: ``The amendments made by 
this section [amending this section and section 1450 of this title] 
apply only with respect to a notification under section 12731(d) of 
title 10, United States Code, made after January 1, 2001, that a member 
of a reserve component has completed the years of service required for 
eligibility for reserve-component retired pay.''


                    Effective Date of 1994 Amendment

    Amendment by section 1671(d)(2) of Pub. L. 103-337 effective Dec. 1, 
1994, except as otherwise provided, see section 1691 of Pub. L. 103-337, 
set out as an Effective Date note under section 10001 of this title.


                    Effective Date of 1986 Amendment

    Amendment by section 641 of Pub. L. 99-661 applicable to court 
orders issued on or after Nov. 14, 1986, see section 641(c) of Pub. L. 
99-661, set out as a note under section 1450 of this title.
    Section 642(c) of Pub. L. 99-661 provided that: ``The amendments 
made by subsection (a) [amending this section] shall apply only to 
claims arising on or after March 1, 1986. The amendments made by 
subsection (b) [amending section 1451 of this title] shall apply to 
payments for periods after February 28, 1986.''


                    Effective Date of 1985 Amendment

    Amendment by title VII of Pub. L. 99-145 effective Mar. 1, 1986, 
with prohibition against accrual of benefits to any person by reason of 
the enactment of such title VII for any period before Mar. 1, 1986, see 
section 731 of Pub. L. 99-145, set out as a note under section 1447 of 
this title.


                    Effective Date of 1983 Amendment

    Section 941(b) of Pub. L. 98-94 provided that: ``In the case of a 
person who on the date of the enactment of this Act [Sept. 24, 1983] is 
a person described in subparagraph (A) of subsection (b)(3) of section 
1448 of title 10, United States Code (as amended by subsection (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.''


         Effective Date of 1982 Amendment; Transition Provisions

    Amendment by Pub. L. 97-252 effective Feb. 1, 1983, and applicable 
to persons becoming eligible to participate in Survivor Benefit Plan 
provided for in this subchapter before, on, or after Feb. 1, 1983, see 
section 1006 of Pub. L. 97-252, set out as an Effective Date; Transition 
Provisions note under section 1408 of this title.


                    Effective Date of 1978 Amendment

    Amendment by Pub. L. 95-397 effective Oct. 1, 1978, and applicable 
to annuities payable by virtue of amendment for months beginning on or 
after such date, see section 210 of Pub. L. 95-397, set out as a note 
under section 1447 of this title.


                    Effective Date of 1976 Amendment

    Amendment by Pub. L. 94-496 effective Sept. 21, 1972, see section 3 
of Pub. L. 94-496, set out as a note under section 1447 of this title.


   Effective Date of 1997 Amendments by Section 645 of Pub. L. 105-85

    Section 645(c) of Pub. L. 105-85 provided that: ``The amendments 
made by this section [amending section 4(e)(1) of Pub. L. 92-425 and 
section 653(d) of Pub. L. 100-456, set out below] take effect on the 
first day of the first month beginning after the date of the enactment 
of this Act [Nov. 18, 1997] and shall apply with respect to payments of 
benefits for months beginning on or after that date, except that the 
Secretary of Veterans Affairs may provide, if necessary for 
administrative implementation, that such amendments shall apply 
beginning with a later month, not later than the first month beginning 
more than 180 days after the date of the enactment of this Act.''


  Open Enrollment Period for Survivor Benefit Plan Commencing March 1, 
                                  1999

    Pub. L. 105-261, div. A, title VI, Sec. 642, Oct. 17, 1998, 112 
Stat. 2045, as amended by Pub. L. 106-65, div. A, title VI, Sec. 654, 
Oct. 5, 1999, 113 Stat. 667, provided that:
    ``(a) Persons Not Currently Participating in Survivor Benefit 
Plan.--
        ``(1) Election of sbp coverage.--An eligible retired or former 
    member may elect to participate in the Survivor Benefit Plan during 
    the open enrollment period specified in subsection (d).
        ``(2) Election of supplemental annuity coverage.--An eligible 
    retired or former member who elects under paragraph (1) to 
    participate in the Survivor Benefit Plan may also elect during the 
    open enrollment period to participate in the Supplemental Survivor 
    Benefit Plan.
        ``(3) Eligible retired or former member.--For purposes of 
    paragraphs (1) and (2), an eligible retired or former member is a 
    member or former member of the uniformed services who on the day 
    before the first day of the open enrollment period is not a 
    participant in the Survivor Benefit Plan and--
            ``(A) is entitled to retired pay; or
            ``(B) would be entitled to retired pay under chapter 1223 of 
        title 10, United States Code (or chapter 67 [now 1223] of such 
        title as in effect before October 5, 1994), but for the fact 
        that such member or former member is under 60 years of age.
        ``(4) Status under sbp of persons making elections.--
            ``(A) Standard annuity.--A person making an election under 
        paragraph (1) by reason of eligibility under paragraph (3)(A) 
        shall be treated for all purposes as providing a standard 
        annuity under the Survivor Benefit Plan.
            ``(B) Reserve-component annuity.--A person making an 
        election under paragraph (1) by reason of eligibility under 
        paragraph (3)(B) shall be treated for all purposes as providing 
        a reserve-component annuity under the Survivor Benefit Plan.
    ``(b) Manner of Making Elections.--
        ``(1) In general.--An election under this section must be made 
    in writing, signed by the person making the election, and received 
    by the Secretary concerned before the end of the open enrollment 
    period. Except as provided in paragraph (2), any such election shall 
    be made subject to the same conditions, and with the same 
    opportunities for designation of beneficiaries and specification of 
    base amount, that apply under the Survivor Benefit Plan or the 
    Supplemental Survivor Benefit Plan, as the case may be. A person 
    making an election under subsection (a) to provide a reserve-
    component annuity shall make a designation described in section 
    1448(e) of title 10, United States Code.
        ``(2) Election must be voluntary.--An election under this 
    section is not effective unless the person making the election 
    declares the election to be voluntary. An election to participate in 
    the Survivor Benefit Plan under this section may not be required by 
    any court. An election to participate or not to participate in the 
    Survivor Benefit Plan is not subject to the concurrence of a spouse 
    or former spouse of the person.
    ``(c) Effective Date for Elections.--Any such election shall be 
effective as of the first day of the first calendar month following the 
month in which the election is received by the Secretary concerned.
    ``(d) Open Enrollment Period Defined.--The open enrollment period is 
the 1-year period beginning on March 1, 1999.
    ``(e) Effect of Death of Person Making Election Within Two Years of 
Making Election.--If a person making an election under this section dies 
before the end of the 2-year period beginning on the effective date of 
the election, the election is void and the amount of any reduction in 
retired pay of the person that is attributable to the election shall be 
paid in a lump sum to the person who would have been the deceased 
person's beneficiary under the voided election if the deceased person 
had died after the end of such 2-year period.
    ``(f) Applicability of Certain Provisions of Law.--The provisions of 
sections 1449, 1453, and 1454 of title 10, United States Code, are 
applicable to a person making an election, and to an election, under 
this section in the same manner as if the election were made under the 
Survivor Benefit Plan or the Supplemental Survivor Benefit Plan, as the 
case may be.
    ``(g) Premiums for Open Enrollment Election.--
        ``(1) Premiums to be charged.--The Secretary of Defense shall 
    prescribe in regulations premiums which a person electing under this 
    section shall be required to pay for participating in the Survivor 
    Benefit Plan pursuant to the election. The total amount of the 
    premiums to be paid by a person under the regulations shall be equal 
    to the sum of--
            ``(A) the total amount by which the retired pay of the 
        person would have been reduced before the effective date of the 
        election if the person had elected to participate in the 
        Survivor Benefit Plan (for the same base amount specified in the 
        election) at the first opportunity that was afforded the member 
        to participate under chapter 73 of title 10, United States Code;
            ``(B) interest on the amounts by which the retired pay of 
        the person would have been so reduced, computed from the dates 
        on which the retired pay would have been so reduced at such rate 
        or rates and according to such methodology as the Secretary of 
        Defense determines reasonable; and
            ``(C) any additional amount that the Secretary determines 
        necessary to protect the actuarial soundness of the Department 
        of Defense Military Retirement Fund against any increased risk 
        for the fund that is associated with the election.
        ``(2) Premiums to be credited to retirement fund.--Premiums paid 
    under the regulations shall be credited to the Department of Defense 
    Military Retirement Fund.
    ``(h) Credit Toward Paid-Up Coverage.--Upon payment of the total 
amount of the premiums charged a person under subsection (g), the 
retired pay of a person participating in the Survivor Benefit Plan 
pursuant to an election under this section shall be treated, for the 
purposes of subsection (j) of section 1452 of title 10, United States 
Code, as having been reduced under such section 1452 for the months in 
the period for which the person's retired pay would have been reduced if 
the person had elected to participate in the Survivor Benefit Plan at 
the first opportunity that was afforded the person to participate.
    ``(i) Definitions.--In this section:
        ``(1) The term `Survivor Benefit Plan' means the program 
    established under subchapter II of chapter 73 of title 10, United 
    States Code.
        ``(2) The term `Supplemental Survivor Benefit Plan' means the 
    program established under subchapter III of chapter 73 of title 10, 
    United States Code.
        ``(3) The term `retired pay' includes retainer pay paid under 
    section 6330 of title 10, United States Code.
        ``(4) The terms `uniformed services' and `Secretary concerned' 
    have the meanings given those terms in section 101 of title 37, 
    United States Code.
        ``(5) The term `Department of Defense Military Retirement Fund' 
    means the Department of Defense Military Retirement Fund established 
    under section 1461(a) of title 10, United States Code.''


            Annuities for Certain Military Surviving Spouses

    Pub. L. 105-85, div. A, title VI, Sec. 644, Nov. 18, 1997, 111 Stat. 
1800, as amended by Pub. L. 106-65, div. A, title VI, Sec. 656(a), (b), 
title X, Sec. 1066(c)(3), Oct. 5, 1999, 113 Stat. 668, 773, provided 
that:
    ``(a) Survivor Annuity.--(1) The Secretary concerned shall pay an 
annuity to the qualified surviving spouse of each member of the 
uniformed services who--
        ``(A) died before March 21, 1974, and was entitled to retired or 
    retainer pay on the date of death; or
        ``(B) was a member of a reserve component of the Armed Forces 
    before October 1, 1978, and at the time of his death would have been 
    entitled to retired pay under chapter 67 [now 1223] of title 10, 
    United States Code (as in effect before December 1, 1994), but for 
    the fact that he was under 60 years of age.
    ``(2) A qualified surviving spouse for purposes of this section is a 
surviving spouse who has not remarried and who is not eligible for an 
annuity under section 4 of Public Law 92-425 (10 U.S.C. 1448 note).
    ``(b) Amount of Annuity.--(1) An annuity under this section shall be 
paid at the rate of $165 per month, as adjusted from time to time under 
paragraph (3).
    ``(2) An annuity paid to a surviving spouse under this section shall 
be reduced by the amount of any dependency and indemnity compensation 
(DIC) to which the surviving spouse is entitled under section 1311(a) of 
title 38, United States Code.
    ``(3) Whenever after the date of the enactment of this Act [Nov. 18, 
1997] retired or retainer pay is increased under section 1401a(b)(2) of 
title 10, United States Code, each annuity that is payable under this 
section shall be increased at the same time and by the same total 
percent. The amount of the increase shall be based on the amount of the 
monthly annuity payable before any reduction under this section.
    ``(c) Application Required.--No benefit shall be paid to any person 
under this section unless an application for such benefit is filed with 
the Secretary concerned by or on behalf of such person.
    ``(d) Definitions.--For purposes of this section:
        ``(1) The terms `uniformed services' and `Secretary concerned' 
    have the meanings given such terms in section 101 of title 37, 
    United States Code.
        ``(2) The term `surviving spouse' has the meaning given the 
    terms `widow' and `widower' in paragraphs (7) and (8) of section 
    1447 of title 10, United States Code.
    ``(e) Prospective Applicability.--(1) Annuities under this section 
shall be paid for months beginning after the month in which this Act is 
enacted [November 1997].
    ``(2) No benefit shall accrue to any person by reason of the 
enactment of this section for any period before the first month that 
begins after the month in which this Act is enacted.''
    [Pub. L. 106-65, div. A, title VI, Sec. 656(c), Oct. 5, 1999, 113 
Stat. 668, provided that: ``The amendment made by subsection (a) 
[amending section 644 of Pub. L. 105-85, set out above] shall apply with 
respect to annuities payable for months beginning after September 30, 
1999.'']


  Authority for Relief From Previous Overpayments Under Minimum Income 
                             Widows Program

    Pub. L. 104-106, div. A, title VI, Sec. 635, Feb. 10, 1996, 110 
Stat. 366, provided that:
    ``(a) Authority.--The Secretary of Defense may waive recovery by the 
United States of any overpayment by the United States described in 
subsection (b). In the case of any such waiver, any debt to the United 
States arising from such overpayment is forgiven.
    ``(b) Covered Overpayments.--Subsection (a) applies in the case of 
an overpayment by the United States that--
        ``(1) was made before the date of the enactment of this Act 
    [Feb. 10, 1996] under section 4 of Public Law 92-425 (10 U.S.C. 1448 
    note); and
        ``(2) is attributable to failure by the Department of Defense to 
    apply the eligibility provisions of subsection (a) of such section 
    in the case of the person to whom the overpayment was made.''


  Open Enrollment Period for Survivor Benefit Plan Commencing April 1, 
                                  1992

    Section 1405 of Pub. L. 101-189, as amended by Pub. L. 101-510, div. 
A, title VI, Sec. 631(2), title XIV, Sec. 1484(l)(4)(B), Nov. 5, 1990, 
104 Stat. 1580, 1720; Pub. L. 102-190, div. A, title VI, Sec. 653(a)(1), 
(c)(2), Dec. 5, 1991, 105 Stat. 1388, 1389; Pub. L. 102-484, div. A, 
title VI, Sec. 643, Oct. 23, 1992, 106 Stat. 2425, provided that:
    ``(a) Persons Not Currently Participating in Survivor Benefit 
Plan.--
        ``(1) Election of sbp coverage.--An eligible retired or former 
    member may elect to participate in the Survivor Benefit Plan during 
    the open enrollment period specified in subsection (f).
        ``(2) Election of supplemental annuity coverage.--An eligible 
    retired or former member who elects under paragraph (1) to 
    participate in the Survivor Benefit Plan at the maximum level may 
    also elect during the open enrollment period to participate in the 
    Supplemental Survivor Benefit Plan established under subchapter III 
    of chapter 73 of title 10, United States Code, as added by section 
    1404.
        ``(3) Eligible retired or former member.--For purposes of 
    paragraphs (1) and (2), an eligible retired or former member is a 
    member or former member of the uniformed services who on the day 
    before the first day of the open enrollment period is not a 
    participant in the Survivor Benefit Plan and--
            ``(A) is entitled to retired pay; or
            ``(B) would be entitled to retired pay under chapter 67 [now 
        1223] of title 10, United States Code, but for the fact that 
        such member or former member is under 60 years of age.
        ``(4) Status under sbp of persons making elections.--
            ``(A) Standard annuity.--A person making an election under 
        paragraph (1) by reason of eligibility under paragraph (3)(A) 
        shall be treated for all purposes as providing a standard 
        annuity under the Survivor Benefit Plan.
            ``(B) Reserve-component annuity.--A person making an 
        election under paragraph (1) by reason of eligibility under 
        paragraph (3)(B) shall be treated for all purposes as providing 
        a reserve-component annuity under the Survivor Benefit Plan.
    ``(b) Election To Increase Coverage Under SBP.--A person who on the 
day before the first day of the open enrollment period is a participant 
in the Survivor Benefit Plan but is not participating at the maximum 
base amount or is providing coverage under the Plan for a dependent 
child and not for the person's spouse or former spouse may, during the 
open enrollment period elect to--
        ``(1) participate in the Plan at a higher base amount (not in 
    excess of the participant's retired pay); or
        ``(2) provide annuity coverage under the Plan for the person's 
    spouse or former spouse at a base amount not less than the base 
    amount provided for the dependent child.
    ``(c) Election for Current SBP Participants To Participate in 
Supplemental SBP.--
        ``(1) Election.--A person who is eligible to make an election 
    under this paragraph may elect during the open enrollment period to 
    participate in the Supplemental Survivor Benefit Plan established 
    under subchapter III of chapter 73 of title 10, United States Code, 
    as added by section 1404.
        ``(2) Persons eligible.--Except as provided in paragraph (3), a 
    person is eligible to make an election under paragraph (1) if on the 
    day before the first day of the open enrollment period the person is 
    a participant in the Survivor Benefit Plan at the maximum level, or 
    during the open enrollment period the person increases the level of 
    such participation to the maximum level under subsection (b) of this 
    section, and under that Plan is providing annuity coverage for the 
    person's spouse or a former spouse.
        ``(3) Limitation on eligibility for certain sbp participants not 
    affected by two-tier annuity computation.--A person is not eligible 
    to make an election under paragraph (1) if (as determined by the 
    Secretary concerned) the annuity of a spouse or former spouse 
    beneficiary of that person under the Survivor Benefit Plan will be 
    computed under section 1451(e) of title 10, United States Code. 
    However, such a person may during the open enrollment period waive 
    the right to have that annuity computed under such section. Any such 
    election is irrevocable. A person making such a waiver may make an 
    election under paragraph (1) as in the case of any other participant 
    in the Survivor Benefit Plan.
    ``(d) Manner of Making Elections.--An election under this section 
must be made in writing, signed by the person making the election, and 
received by the Secretary concerned before the end of the open 
enrollment period. Any such election shall be made subject to the same 
conditions, and with the same opportunities for designation of 
beneficiaries and specification of base amount, that apply under the 
Survivor Benefit Plan or the Supplemental Survivor Benefit Plan, as the 
case may be. A person making an election under subsection (a) to provide 
a reserve-component annuity shall make a designation described in 
section 1448(e) of title 10, United States Code.
    ``(e) Effective Date for Elections.--Any such election shall be 
effective as of the first day of the first calendar month following the 
month in which the election is received by the Secretary concerned.
    ``(f) Open Enrollment Period Defined.--The open enrollment period is 
the one-year period beginning on April 1, 1992.
    ``(g) Effect of Death of Person Making Election Within Two Years of 
Making Election.--(1) If a person making an election under this section 
dies before the end of the two-year period beginning on the effective 
date of the election, the election is void and the amount of any 
reduction in retired pay of the person that is attributable to the 
election shall be paid in a lump sum to the person who would have been 
the deceased person's beneficiary under the voided election if the 
deceased person had died after the end of such two-year period.
    ``(2) Paragraph (1) does not apply in the case of the death of a 
person making an election under subsection (a) if the beneficiary of 
that person under the election is the person's spouse and that spouse 
was entitled, before November 1, 1990, to receive dependency and 
indemnity compensation benefits from the Department of Veterans Affairs 
based on a previous marriage to another member or former member of the 
uniformed services.
    ``(h) Applicability of Certain Provisions of Law.--The provisions of 
sections 1449, 1453, and 1454 of title 10, United States Code, are 
applicable to a person making an election, and to an election, under 
this section in the same manner as if the election were made under the 
Survivor Benefit Plan or the Supplemental Survivor Benefit Plan, as the 
case may be.
    ``(i) Report Concerning Open Season.--Not later than June 1, 1990, 
the Secretary of Defense shall submit to the Committees on Armed 
Services of the Senate and House of Representatives a report on the open 
season authorized by this section for the Survivor Benefit Plan. The 
report shall include--
        ``(1) a description of the Secretary's plans for implementation 
    of the open season;
        ``(2) the Secretary's estimates of the costs associated with the 
    open season, including any anticipated effect of the open season on 
    the actuarial status of the Department of Defense Military 
    Retirement Fund; and
        ``(3) any recommendation by the Secretary for further 
    legislative action.
    ``(j) Additional Premium.--The Secretary of Defense may require that 
the SBP premium for a person making an election under subsection (a)(1) 
or (b) include, in addition to the amount required under section 1452(a) 
of title 10, United States Code, an amount determined under regulations 
prescribed by the Secretary of Defense for the purposes of this 
subsection. Any such amount shall be stated as a percentage of the base 
amount of the person making the election and shall reflect the number of 
years that have elapsed since the person retired, but may not exceed 4.5 
percent of that person's base amount.''


                     Definitions for 1989 Amendments

    Section 1406 of title XIV of div. A of Pub. L. 101-189, as amended 
by Pub. L. 102-190, div. A, title VI, Sec. 653(a)(2), Dec. 5, 1991, 105 
Stat. 1388, provided that: ``For the purpose of this title [see Short 
Title of 1989 Amendment note set out under section 1447 of this title]:
        ``(1) The term `Survivor Benefit Plan' means the program 
    established under subchapter II of chapter 73 of title 10, United 
    States Code.
        ``(2) The term `retired pay' includes retainer pay paid under 
    section 6330 of title 10, United States Code.
        ``(3) The terms `uniformed services' and `Secretary concerned' 
    have the meanings given those terms in section 101 of title 37, 
    United States Code.
        ``(4) The term `SBP premium' means the reduction in retired pay 
    required as a condition of providing an annuity under the Survivor 
    Benefit Plan.
        ``(5) The term `base amount' has the meaning given that term in 
    section 1447(2) [see 1447(6)] of title 10, United States Code.''


  Annuity for Surviving Spouses of Members Who Died Before November 1, 
 1953, and Who Were Entitled to Retired or Retainer Pay on Date of Death

    Pub. L. 100-456, div. A, title VI, Sec. 653, Sept. 29, 1988, 102 
Stat. 1991, as amended by Pub. L. 103-337, div. A, title X, 
Sec. 1070(d)(3), Oct. 5, 1994, 108 Stat. 2858; Pub. L. 105-85, div. A, 
title VI, Sec. 645(a), Nov. 18, 1997, 111 Stat. 1801, provided that:
    ``(a) Annuity.--(1) The Secretary concerned shall pay an annuity to 
the qualified surviving spouse of each member of the uniformed services 
who--
        ``(A) died before November 1, 1953; and
        ``(B) was entitled to retired or retainer pay on the date of 
    death.
    ``(2) A qualified surviving spouse for purposes of this section is a 
surviving spouse who has not remarried and who is eligible for an 
annuity under section 4 of Public Law 92-425 (10 U.S.C. 1448 note).
    ``(b) Amount of Annuity.--(1) An annuity payable under this section 
shall be paid at the rate of $165 per month, as adjusted from time to 
time under subsection (c).
    ``(2) An annuity paid to a surviving spouse under this section shall 
be reduced by the amount of dependency and indemnity compensation (DIC) 
to which the surviving spouse is entitled under section 1311(a) of title 
38, United States Code.
    ``(c) Cost-of-Living Increases.--Whenever retired or retainer pay is 
increased under section 1401a(b)(2) of title 10, United States Code, 
each annuity that is payable under this section shall be increased at 
the same time and by the same total percent. The amount of the increase 
shall be based on the monthly annuity payable before any reduction under 
this section.
    ``(d) Relationship to Other Programs.--(1) An annuity paid to a 
surviving spouse under this section is in addition to any pension to 
which the surviving spouse is entitled under subchapter III of chapter 
15 of title 38, United States Code, or section 306 of the Veterans' and 
Survivors' Pension Improvement Act of 1978 (38 U.S.C. 1521 note), and 
any payment made under the provisions of section 4 of Public Law 92-425. 
An annuity paid under this section shall not be considered as income for 
the purposes of eligibility for any such pension.
    ``(2) Payment of annuities under this section shall be made by the 
Secretary of Veterans Affairs. In making such payments, the Secretary 
shall combine the payment under this section with the payment of any 
amount due the same person under section 4 of Public Law 92-425 (10 
U.S.C. 1448 note), as provided in subsection (e)(1) of that section. The 
Secretary concerned shall transfer amounts for payments under this 
section to the Secretary of Veterans Affairs in the same manner as is 
provided under subsection (e)(2) of section 4 of Public Law 92-425 for 
payments under that section.
    ``(e) Definitions.--For purposes of this section:
        ``(1) The terms `uniformed services' and `Secretary concerned' 
    have the meanings given those terms in section 101 of title 37, 
    United States Code.
        ``(2) The term `surviving spouse' has the meaning given the 
    terms `widow' and `widower' in paragraphs (3) and (4), respectively, 
    of section 1447 [see 1447(7), (8)] of title 10, United States Code.
    ``(f) Effective Date.--Annuities under this section shall be paid 
for months beginning after the month in which this Act is enacted 
[September 1988]. No benefit shall accrue to any person by reason of the 
enactment of this section for any period before the first month referred 
to in the preceding sentence. No benefit shall be paid to any person 
under this section unless an application for such benefit has been filed 
with the Secretary concerned by or on behalf of such person.''


 Authority for Certain Remarried Survivor Benefit Plan Participants To 
                           Withdraw From Plan

    Pub. L. 100-180, div. A, title VI, Sec. 631, Dec. 4, 1987, 101 Stat. 
1104, provided that:
    ``(a) Authority To Withdraw.--(1) An individual who is a participant 
in the Survivor Benefit Plan under subchapter II of chapter 73 of title 
10, United States Code, and is described in paragraph (2) may, with the 
consent of such individual's spouse, withdraw from participation in the 
Plan.
    ``(2) An individual referred to in paragraph (1) is an individual 
who--
        ``(A) is providing coverage for a spouse or for a spouse and 
    child under the Plan; and
        ``(B) remarried before March 1, 1986, and at a time when such 
    individual was a participant in the Plan but did not have an 
    eligible spouse beneficiary under the Plan.
    ``(b) Applicable Provisions.--An election under subsection (a) shall 
be subject to subparagraphs (B) and (D) [see (E)] of section 1448(a)(6) 
of title 10, United States Code, except that in applying such 
subparagraph (B) to subsection (a), the one-year period referred to in 
clause (ii) of such subparagraph shall extend until the end of the one-
year period beginning 90 days after the date of the enactment of this 
Act [Dec. 4, 1987].
    ``(c) Treatment of Prior Contributions.--No refund of amounts by 
which the retired pay of a participant in the Survivor Benefit Plan has 
been reduced by reason of section 1452 of title 10, United States Code, 
may be made to an individual who withdraws from the Survivor Benefit 
Plan under subsection (a).''


 Option for Certain Participants To Withdraw From Survivor Benefit Plan

    Section 711(c) of Pub. L. 99-145 provided that person who during 
period Oct. 19, 1984, to Nov. 8, 1985, became participant in Survivor 
Benefit Plan under this subchapter could withdraw from Plan before end 
of one-year period beginning on Nov. 8, 1985, and receive refund of 
contributions plus interest.


              Persons Covered Under Subsections (d) and (f)

    Section 712(b) of Pub. L. 99-145 provided that:
    ``(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.''
    Section 713(c) of Pub. L. 99-145 provided that:
    ``(1) Section 1448(f) of title 10, United States Code, as added by 
subsection (a), shall apply to the surviving spouse and dependent 
children of any person who dies after September 30, 1978, and the former 
spouse of a person who dies after September 7, 1982.
    ``(2) In the case of the surviving spouse and dependents of a person 
who dies during the period beginning on September 30, 1978, and ending 
on October 1, 1985, the Secretary concerned shall take appropriate steps 
to locate persons eligible for an annuity under section 1448(f) of title 
10, United States Code, as added 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.''


          Revision for Former Spouse Coverage Already in Effect

    Section 716(b) of Pub. L. 99-145, as amended by Pub. L. 99-661, div. 
A, title VI, Sec. 645, Nov. 14, 1986, 100 Stat. 3887, provided that 
person who before Mar. 1, 1986, made election under subsec. (b) of this 
section to provide annuity for former spouse could change that election 
to provide annuity for former spouse and dependent children, even though 
former spouse had died, but such election had to be made not later than 
Mar. 1, 1987, in case of person who made election before Nov. 8, 1985, 
and not later than end of one-year period beginning on Nov. 14, 1986, in 
case of person who made election during period of Nov. 8, 1985, to Feb. 
28, 1986.


        One-Year Open Period To Switch Computation of SBP Annuity

    Section 723(c) of Pub. L. 99-145 provided that person who, before 
effective date of title VII of Pub. L. 99-145 (see Effective Date of 
1985 Amendment note set out under section 1447 of this title) 
participated in Survivor Benefit Plan under this subchapter, and had 
elected to provide annuity to former spouse could, with concurrence of 
such former spouse, elect to terminate such annuity and provide annuity 
to such former spouse under section 1450(a)(1) of this title, and any 
such election was to be made before end of 12-month period beginning on 
Nov. 8, 1985.


           One-Year Open Period for New Former Spouse Coverage

    Section 723(d) of Pub. L. 99-145 provided that person who before 
effective date of part B of title VII of Pub. L. 99-145 (see Effective 
Date of 1985 Amendment note set out under section 1447 of this title) 
was participant in Survivor Benefit Plan and did not elect to provide 
annuity to former spouse could elect to provide annuity to former spouse 
under Plan, and that any such election was to be made before end of 12-
month period beginning on Nov. 8, 1985.


            Open Enrollment Period for Survivor Benefit Plan

    Pub. L. 97-35, title II, Sec. 212, Aug. 13, 1981, 95 Stat. 383, as 
amended by Pub. L. 97-252, title XI, Sec. 1119, Sept. 8, 1982, 96 Stat. 
753, provided that certain members or former members of the uniformed 
services who, on Aug. 13, 1981, were not participants in the Survivor 
Benefit Plan established under this subchapter or were not participants 
in the Plan at the maximum level, could elect to participate in the Plan 
or to participate in the Plan at a higher level, during an open 
enrollment period beginning Oct. 1, 1981, and ending Sept. 30, 1982, for 
members and former members entitled to retired or retainer pay on Aug. 
13, 1981, or beginning on Oct. 1, 1982, and ending on Sept. 30, 1983, 
for members or former members who on Aug. 13, 1981, would have been 
entitled to retired pay, but for the fact they were under 60 years of 
age on that date.


Surviving Spouse; Annuity Payment and Reduction Provisions; Election of 
                  Annuity; Definitions; Effective Date

    Pub. L. 96-402, Sec. 5, Oct. 9, 1980, 94 Stat. 1707, provided that:
    ``(a)(1) The Secretary concerned shall pay an annuity to any 
individual who is the surviving spouse of a member of the uniformed 
services who--
        ``(A) died before September 21, 1972;
        ``(B) was serving on active duty in the uniformed services at 
    the time of his death and had served on active duty for a period of 
    not less than 20 years; and
        ``(C) was at the time of his death entitled to retired or 
    retainer pay or would have been entitled to that pay except that he 
    had not applied for or been granted that pay.
    ``(2) An annuity under paragraph (1) shall be paid under the 
provisions of subchapter II of chapter 73 of title 10, United States 
Code, in the same manner as if such member had died on or after 
September 21, 1972.
    ``(b)(1) The amount of retired or retainer pay to be used as the 
basis for the computation of an annuity under subsection (a) is the 
amount of the retired or retainer pay to which the member would have 
been entitled if the member had been entitled to that pay based upon his 
years of active service when he died, adjusted by the overall percentage 
increase in retired and retainer pay under section 1401a of title 10, 
United States Code (or any prior comparable provision of law), during 
the period beginning on the date of the member's death and ending on the 
day before the effective date of this section.
    ``(2) In addition to any reduction required under the provisions of 
subchapter II of chapter 73 of title 10, United States Code, the annuity 
paid to any surviving spouse under this section shall be reduced by any 
amount such surviving spouse is entitled to receive as an annuity under 
subchapter I of such chapter.
    ``(c) If an individual entitled to an annuity under this section is 
also entitled to an annuity under subchapter II of chapter 73 of title 
10, United States Code, based upon a subsequent marriage, the individual 
may not receive both annuities but must elect which to receive.
    ``(d) As used in this section:
        ``(1) The term `uniformed services' means the Armed Forces and 
    the commissioned corps of the Public Health Service and of the 
    National Oceanic and Atmospheric Administration.
        ``(2) The term `surviving spouse' has the meaning given the 
    terms `widow' and `widower' in section 1447 of title 10, United 
    States Code.
        ``(3) The term `Secretary concerned' has the meaning given such 
    term in section 101(8) of title 10, United States Code, and includes 
    the Secretary of Commerce, with respect to matters concerning the 
    National Oceanic and Atmospheric Administration, and the Secretary 
    of Health and Human Services, with respect to matters concerning the 
    Public Health Service.''
    Provision effective Dec. 1, 1980, applicable to annuities payable 
for months beginning on or after such date, and prohibiting accrual of 
benefits for any period before Oct. 9, 1980, see section 7 of Pub. L. 
96-402, set out as a note under section 1447 of this title.


 Election To Participate in the Survivor Benefit Plan and Withdraw From 
             the Retired Serviceman's Family Protection Plan

    Section 3 of Pub. L. 92-425, as amended by Pub. L. 93-155, title 
VIII, Sec. 804, Nov. 16, 1973, 87 Stat. 615, provided that:
    ``(a) The Survivor Benefit Plan established pursuant to clause (3) 
of the first section of this Act [this subchapter] applies to any person 
who initially becomes entitled to retired or retainer pay on or after 
the effective date of this Act [Sept. 21, 1972]. An election made before 
that date by such a person under section 1431 of title 10, United States 
Code, is canceled. However, a person who initially becomes entitled to 
retired or retainer pay within 180 days after the effective date of this 
Act [Sept. 21, 1972] may, within 180 days after becoming so entitled, 
elect--
        ``(1) not to participate in such Survivor Benefit Plan if he is 
    married or has a dependent child; or
        ``(2) to participate in that Plan, if he is a person covered by 
    section 1448(b) of title 10, United States Code.
    ``(b) Any person who is entitled to retired or retainer pay on the 
effective date of this Act [Sept. 21, 1972] may elect to participate in 
the Survivor Benefit Plan established pursuant to clause (3) of the 
first section of this Act [this subchapter] at any time within eighteen 
months after such date. However, such a person who is receiving retired 
or retainer pay reduced under section 1436(a) of title 10, United States 
Code, or who is depositing amounts under section 1438 of that title, may 
elect at any time within eighteen months after the effective date of 
this Act [Sept. 21, 1972]--
        ``(1) to participate in the Plan and continue his participation 
    under chapter 73 of that title [this chapter] as in effect on the 
    day before the effective date of this Act [Sept. 21, 1972], except 
    that the total of the annuities elected may not exceed 100 percent 
    of his retired or retainer pay; or
        ``(2) to participate in the Plan and, notwithstanding section 
    1436(b) of that title, terminate his participation under chapter 73 
    of that title [this chapter] as in effect on the day before the 
    effective date of this Act [Sept. 21, 1972].
A person who elects under clause (2) of this subsection is not entitled 
to a refund of amounts previously deducted from his retired or retainer 
pay under chapter 73 of title 10, United States Code [this chapter], as 
in effect on the day before the effective date of this Act [Sept. 21, 
1972], or any payments made thereunder on his behalf. A person who is 
not married or does not have a dependent child on the first anniversary 
of the effective date of this Act [Sept. 21, 1972], but who later 
marries or acquires a dependent child, may elect to participate in the 
Plan under the fourth sentence of section 1448(a) of that title [former 
subsec. (a) of this section].
    ``(c) Notwithstanding the provisions of the Survivor Benefit Plan 
established pursuant to clause (3) of the first section of this Act 
[this subchapter], and except as otherwise provided in this section, 
subchapter I of chapter 73 of title 10, United States Code [subchapter I 
of this chapter] (other than the last two sentences of section 1436(a), 
section 1443, and section 1444(b)), as in effect on the day before the 
effective date of this Act [Sept. 21, 1972], shall continue to apply in 
the case of persons, and their beneficiaries, who have elected annuities 
under section 1431 or 1432 of that title and who have not elected under 
subsection (b)(2) of this section to participate in that Plan.
    ``(d) In this section, `base amount' means--
        ``(1) the monthly retired or retainer pay to which a person--
            ``(A) is entitled on the effective date of this Act [Sept. 
        21, 1972]; or
            ``(B) later becomes entitled by being advanced on the 
        retired list, performing active duty, or being transferred from 
        the temporary disability retired list to the permanent 
        disability retired list; or
        ``(2) any amount less than that described in clause (1) 
    designated by that person at the time he makes an election under 
    subsection (a)(2) or (b) of this section, but not less than $300;
as increased from time to time under section 1401a of title 10, United 
States Code.
    ``(e) An election made under subsection (a) or (b) of this section 
is effective on the date it is received by the Secretary concerned, as 
defined in section 101(5) of title 37, United States Code.
    ``(f) Sections 1449, 1453, and 1454 of title 10, United States Code, 
as added by clause (3) of the first section of this Act [as part of this 
subchapter], are applicable to persons covered by this section.''


Income Supplement for Certain Widows of Retired Members of the Uniformed 
  Forces; Special Annuity for Widows of Commissioned Personnel of the 
       Public Health Service and National Oceanic and Atmospheric 
                  Administration in Lieu of VA Pension

    Section 4 of Pub. L. 92-425, as amended by Pub. L. 94-496, Sec. 2, 
Oct. 14, 1976, 90 Stat. 2375; Pub. L. 95-397, title II, Sec. 209, Sept. 
30, 1978, 92 Stat. 848; Pub. L. 96-402, Sec. 6, Oct. 9, 1980, 94 Stat. 
1708; Pub. L. 98-94, title IX, Sec. 942(a), Sept. 24, 1983, 97 Stat. 
654; Pub. L. 102-40, title IV, Sec. 402(d)(2), May 7, 1991, 105 Stat. 
239; Pub. L. 103-337, div. A, title X, Sec. 1070(d)(4), Oct. 5, 1994, 
108 Stat. 2858; Pub. L. 104-201, div. A, title VI, Sec. 638(a)-(c), 
Sept. 23, 1996, 110 Stat. 2581; Pub. L. 105-85, div. A, title VI, 
Sec. 645(b), Nov. 18, 1997, 111 Stat. 1801, provided that:
    ``(a) A person--
        ``(1) who, on September 21, 1972, was, or during the period 
    beginning on September 22, 1972, and ending on March 20, 1974, 
    became, a widow of a person who was entitled to retired or retainer 
    pay when he died;
        ``(2) who is eligible for a pension under subchapter III of 
    chapter 15 of title 38, United States Code, or section 306 of the 
    Veterans' and Survivors' Pension Improvement Act of 1978 [set out as 
    note under section 1521 of Title 38]; and
        ``(3) whose annual income, as determined in establishing that 
    eligibility, is less than the maximum annual rate of pension in 
    effect under section 1541(b) of title 38, United States Code;
shall be paid an annuity by the Secretary concerned unless she is 
eligible to receive an annuity under the Survivor Benefit Plan 
established pursuant to clause (3) of the first section of this Act 
[this subchapter]. However, such a person who is the widow of a retired 
officer of the Public Health Service or the National Oceanic and 
Atmospheric Administration, and who would otherwise be eligible for an 
annuity under this section except that she does not qualify for the 
pension described in clause (2) of this subsection because the service 
of her deceased spouse is not considered active duty under section 
101(21) of title 38, United States Code, is entitled to an annuity under 
this section.
    ``(b) The annuity under subsection (a) of this section shall be in 
an amount which when added to the widow's income determined under 
subsection (a)(3) of this section, plus the amount of any annuity being 
received under sections 1431-1436 of title 10, United States Code, but 
exclusive of a pension described in subsection (a)(2) of this section, 
equals the maximum annual rate of pension in effect under section 
1541(b) of title 38, United States Code. In addition, the Secretary 
concerned shall pay to the widow, described in the last sentence of 
subsection (a) of this section, an amount equal to the pension she would 
otherwise have been eligible to receive under subchapter III of chapter 
15 of title 38, United States Code, if the service of her deceased 
spouse was considered active duty under section 101(21) of that title.
    ``(c) The amount of an annuity payable under this section, although 
counted as income in determining the amount of any pension described in 
subsection (a)(2) of this section, shall not be considered to affect the 
eligiblity of the recipient of such annuity for such pension, even 
though, as a result of including the amount of the annuity as income, no 
amount of such pension is due.
    ``(d) Subsection 1450(i) and section 1453 as added to title 10, 
United States Code, by clause 3 of the first section of this Act, are 
applicable to persons covered by this section.
    ``(e)(1) Payment of annuities under this section shall be made by 
the Secretary of Veterans Affairs. In making such payments, the 
Secretary shall combine with the payment under this section payment of 
any amount due the same person under section 653(d) of the National 
Defense Authorization Act, Fiscal Year 1989 [Pub. L. 100-456] (10 U.S.C. 
1448 note). If appropriate for administrative convenience (or otherwise 
determined appropriate by the Secretary of Veterans Affairs), that 
Secretary may combine a payment to any person for any month under this 
section (and, if applicable, under section 653(d) of the National 
Defense Authorization Act, Fiscal Year 1989) with any other payment for 
that month under laws administered by the Secretary so as to provide 
that person with a single payment for that month.
    ``(2) The Secretary concerned shall annually transfer to the 
Secretary of Veterans Affairs such amounts as may be necessary for 
payments by the Secretary of Veterans Affairs under this section and for 
costs of the Secretary of Veterans Affairs in administering this 
section. Such transfers shall be made from amounts that would otherwise 
be used for payment of annuities by the Secretary concerned under this 
section. The authority to make such a transfer is in addition to any 
other authority of the Secretary concerned to transfer funds for a 
purpose other than the purpose for which the funds were originally made 
available. In the case of a transfer by the Secretary of a military 
department, the provisions of section 2215 of title 10, United States 
Code, do not apply.
    ``(3) The Secretary concerned shall promptly notify the Secretary of 
Veterans Affairs of any change in beneficiaries under this section.''
    [Section 638(d) of Pub. L. 104-201 provided that: ``The amendments 
made by this section [amending section 4 of Pub. L. 92-425, set out 
above] take effect on July 1, 1997, and apply with respect to payments 
of benefits for any month after June 1997.'']
    [Section 942(b) of Pub. L. 98-94 provided that: ``Any annuity 
payable by reason of subsection (a) [amending section 4(a)(1) of Pub. L. 
92-425, set out above] shall be payable only for months after September 
1983.'']


        End of 90-Day Period With Respect to Certain Individuals

    The 90-day period, referred to in subsec. (a)(2), (4)(B), with 
respect to certain individuals shall be considered to end on Mar. 31, 
1980, see section 208 of Pub. L. 95-397, set out as a note under section 
1447 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1076c, 1447, 1448a, 1449, 
1450, 1451, 1452, 1455, 1458 of this title; title 38 section 1318.
