
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC1448a]

 
                         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. 1448a. Election to discontinue participation: one-year 
        opportunity after second anniversary of commencement of payment 
        of retired pay
        
    (a) Authority.--A participant in the Plan may, subject to the 
provisions of this section, elect to discontinue participation in the 
Plan at any time during the one-year period beginning on the second 
anniversary of the date on which payment of retired pay to the 
participant commences.
    (b) Concurrence of Spouse.--
        (1) Concurrence required.--A married participant may not (except 
    as provided in paragraph (2)) make an election under subsection (a) 
    without the concurrence of the participant's spouse.
        (2) Exceptions.--A participant may make such an election without 
    the concurrence of the participant's spouse by establishing to the 
    satisfaction of the Secretary concerned that one of the conditions 
    specified in section 1448(a)(3)(C) of this title exists.
        (3) Form of concurrence.--The concurrence of a spouse under 
    paragraph (1) shall be made in such written form and shall contain 
    such information as may be required under regulations prescribed by 
    the Secretary of Defense.

    (c) Limitation on Election When Former Spouse Coverage in Effect.--
The limitation set forth in section 1450(f)(2) of this title applies to 
an election to discontinue participation in the Plan under subsection 
(a).
    (d) Withdrawal of Election To Discontinue.--Section 1448(b)(1)(D) of 
this title applies to an election under subsection (a).
    (e) Consequences of Discontinuation.--Section 1448(b)(1)(E) of this 
title applies to an election under subsection (a).
    (f) Notice to Affected Beneficiaries.--The Secretary concerned shall 
notify any former spouse or other natural person previously designated 
under section 1448(b) of this title of an election to discontinue 
participation under subsection (a).
    (g) Effective Date of Election.--An election under subsection (a) 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.
    (h) Inapplicability of Irrevocability Provisions.--Paragraphs (4)(B) 
and (5)(C) of section 1448(a) of this title do not apply to prevent an 
election under subsection (a).

(Added Pub. L. 105-85, div. A, title VI, Sec. 641(a)(1), Nov. 18, 1997, 
111 Stat. 1797.)


                             Effective Date

    Section 641(c) of Pub. L. 105-85 provided that: ``Section 1448a of 
title 10, United States Code, as added by subsection (a), shall take 
effect 180 days after the date of the enactment of this Act [Nov. 18, 
1997].''


              Transition Provision for Current Participants

    Section 641(b) of Pub. L. 105-85 provided that: ``Notwithstanding 
the limitation on the time for making an election under section 1448a of 
title 10, United States Code (as added by subsection (a)), that is 
specified in subsection (a) of such section, a participant in the 
Survivor Benefit Plan under subchapter II of chapter 73 of such title 
may make an election in accordance with that section within one year 
after the effective date of that section under subsection (c) [set out 
as an Effective Date note above] if the second anniversary of the 
commencement of payment of retired pay to the participant precedes that 
effective date.''
