
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: 10USC1452]

 
                         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. 1452. Reduction in retired pay

    (a) Spouse and Former Spouse Annuities.--
        (1) Required reduction in retired pay.--Except as provided in 
    subsection (b), the retired pay of a participant in the Plan who is 
    providing spouse coverage (as described in paragraph (5)) shall be 
    reduced as follows:
            (A) Standard annuity.--If the annuity coverage being 
        provided is a standard annuity, the reduction shall be as 
        follows:
                (i) Disability and nonregular service retirees.--In the 
            case of a person who is entitled to retired pay under 
            chapter 61 or chapter 1223 of this title, the reduction 
            shall be in whichever of the alternative reduction amounts 
            is more favorable to that person.
                (ii) Members as of enactment of flat-rate reduction.--In 
            the case of a person who first became a member of a 
            uniformed service before March 1, 1990, the reduction shall 
            be in whichever of the alternative reduction amounts is more 
            favorable to that person.
                (iii) New entrants after enactment of flat-rate 
            reduction.--In the case of a person who first becomes a 
            member of a uniformed service on or after March 1, 1990, and 
            who is entitled to retired pay under a provision of law 
            other than chapter 61 or chapter 1223 of this title, the 
            reduction shall be in an amount equal to 6\1/2\ percent of 
            the base amount.
                (iv) Alternative reduction amounts.--For purposes of 
            clauses (i) and (ii), the alternative reduction amounts are 
            the following:
                    (I) Flat-rate reduction.--An amount equal to 6\1/2\ 
                percent of the base amount.
                    (II) Amount under pre-flat-rate reduction.--An 
                amount equal to 2\1/2\ percent of the first $337 (as 
                adjusted after November 1, 1989, under paragraph (4)) of 
                the base amount plus 10 percent of the remainder of the 
                base amount.

            (B) Reserve-component annuity.--If the annuity coverage 
        being provided is a reserve-component annuity, the reduction 
        shall be in whichever of the following amounts is more favorable 
        to that person:
                (i) Flat-rate reduction.--An amount equal to 6\1/2\ 
            percent of the base amount plus an amount determined in 
            accordance with regulations prescribed by the Secretary of 
            Defense as a premium for the additional coverage provided 
            through reserve-component annuity coverage under the Plan.
                (ii) Amount under pre-flat-rate reduction.--An amount 
            equal to 2\1/2\ percent of the first $337 (as adjusted after 
            November 1, 1989, under paragraph (4)) of the base amount 
            plus 10 percent of the remainder of the base amount plus an 
            amount determined in accordance with regulations prescribed 
            by the Secretary of Defense as a premium for the additional 
            coverage provided through reserve-component annuity coverage 
            under the Plan.

        (2) Additional reduction for child coverage.--If there is a 
    dependent child as well as a spouse or former spouse, the amount 
    prescribed under paragraph (1) shall be increased by an amount 
    prescribed under regulations of the Secretary of Defense.
        (3) No reduction when no beneficiary.--The reduction in retired 
    pay prescribed by paragraph (1) shall not be applicable during any 
    month in which there is no eligible spouse or former spouse 
    beneficiary.
        (4) Periodic adjustments.--
            (A) Adjustments for increases in rates of basic pay.--
        Whenever there is an increase in the rates of basic pay of 
        members of the uniformed services effective on or after October 
        1, 1985, the amounts under paragraph (1) with respect to which 
        the percentage factor of 2\1/2\ is applied shall be increased by 
        the overall percentage of such increase in the rates of basic 
        pay. The increase under the preceding sentence shall apply only 
        with respect to persons whose retired pay is computed based on 
        the rates of basic pay in effect on or after the date of such 
        increase in rates of basic pay.
            (B) Adjustments for retired pay colas.--In addition to the 
        increase under subparagraph (A), the amounts under paragraph (1) 
        with respect to which the percentage factor of 2\1/2\ is applied 
        shall be further increased at the same time and by the same 
        percentage as an increase in retired pay under section 1401a of 
        this title effective on or after October 1, 1985. Such increase 
        under the preceding sentence shall apply only with respect to a 
        person who initially participates in the Plan on a date which is 
        after both the effective date of such increase under section 
        1401a and the effective date of the rates of basic pay upon 
        which that person's retired pay is computed.

        (5) Spouse coverage described.--For the purposes of paragraph 
    (1), a participant in the Plan who is providing spouse coverage is a 
    participant who--
            (A) has (i) a spouse or former spouse, or (ii) a spouse or 
        former spouse and a dependent child; and
            (B) has not elected to provide an annuity to a person 
        designated by him under section 1448(b)(1) of this title or, 
        having made such an election, has changed his election in favor 
        of his spouse under section 1450(f) of this title.

    (b) Child-Only Annuities.--
        (1) Required reduction in retired pay.--The retired pay of a 
    participant in the Plan who is providing child-only coverage (as 
    described in paragraph (4)) shall be reduced by an amount prescribed 
    under regulations by the Secretary of Defense.
        (2) No reduction when no child.--There shall be no reduction in 
    retired pay under paragraph (1) for any month during which the 
    participant has no eligible dependent child.
        (3) Special rule for certain rcsbp participants.--In the case of 
    a participant in the Plan who is participating in the Plan under an 
    election under section 1448(a)(2)(B) of this title and who provided 
    child-only coverage during a period before the participant becomes 
    entitled to receive retired pay, the retired pay of the participant 
    shall be reduced by an amount prescribed under regulations by the 
    Secretary of Defense to reflect the coverage provided under the Plan 
    during the period before the participant became entitled to receive 
    retired pay. A reduction under this paragraph is in addition to any 
    reduction under paragraph (1) and is made without regard to whether 
    there is an eligible dependent child during a month for which the 
    reduction is made.
        (4) Child-only coverage defined.--For the purposes of this 
    subsection, a participant in the Plan who is providing child-only 
    coverage is a participant who has a dependent child and who--
            (A) does not have an eligible spouse or former spouse; or
            (B) has a spouse or former spouse but has elected to provide 
        an annuity for dependent children only.

    (c) Reduction for Insurable Interest Coverage.--
        (1) Required reduction in retired pay.--The retired pay of a 
    person who has elected to provide an annuity to a person designated 
    by him under section 1450(a)(4) of this title shall be reduced as 
    follows:
            (A) Standard annuity.--In the case of a person providing a 
        standard annuity, the reduction shall be by 10 percent plus 5 
        percent for each full five years the individual designated is 
        younger than that person.
            (B) Reserve component annuity.--In the case of a person 
        providing a reserve-component annuity, the reduction shall be by 
        an amount prescribed under regulations of the Secretary of 
        Defense.

        (2) Limitation on total reduction.--The total reduction under 
    paragraph (1) may not exceed 40 percent.
        (3) Duration of reduction.--The reduction in retired pay 
    prescribed by this subsection shall continue during the lifetime of 
    the person designated under section 1450(a)(4) of this title or 
    until the person receiving retired pay changes his election under 
    section 1450(f) of this title.
        (4) Rule for computation.--Computation of a member's retired pay 
    for purposes of this subsection shall be made without regard to any 
    reduction under section 1409(b)(2) of this title.

    (d) Deposits To Cover Periods When Retired Pay Not Paid.--
        (1) Required deposits.--If a person who has elected to 
    participate in the Plan has been awarded retired pay and is not 
    entitled to that pay for any period, that person must deposit in the 
    Treasury the amount that would otherwise have been deducted from his 
    pay for that period.
        (2) Deposits not required when participant on active duty.--
    Paragraph (1) does not apply to a person with respect to any period 
    when that person is on active duty under a call or order to active 
    duty for a period of more than 30 days.

    (e) Deposits Not Required for Certain Participants in CSRS.--When a 
person who has elected to participate in the Plan waives that person's 
retired pay for the purposes of subchapter III of chapter 83 of title 5, 
that person shall not be required to make the deposit otherwise required 
by subsection (d) as long as that waiver is in effect unless, in 
accordance with section 8339(j) of title 5, that person has notified the 
Office of Personnel Management that he does not desire a spouse 
surviving him to receive an annuity under section 8341(b) of title 5.
    (f) Refunds of Deductions Not Allowed.--
        (1) General rule.--A person is not entitled to refund of any 
    amount deducted from retired pay under this section.
        (2) Exceptions.--Paragraph (1) does not apply--
            (A) in the case of a refund authorized by section 1450(e) of 
        this title; or
            (B) in case of a deduction made through administrative 
        error.

    (g) Discontinuation of Participation by Participants Whose Surviving 
Spouses Will Be Entitled to DIC.--
        (1) Discontinuation.--
            (A) Conditions.--Notwithstanding any other provision of this 
        subchapter but subject to paragraphs (2) and (3), a person who 
        has elected to participate in the Plan and who is suffering from 
        a service-connected disability rated by the Secretary of 
        Veterans Affairs as totally disabling and has suffered from such 
        disability while so rated for a continuous period of 10 or more 
        years (or, if so rated for a lesser period, has suffered from 
        such disability while so rated for a continuous period of not 
        less than 5 years from the date of such person's last discharge 
        or release from active duty) may discontinue participation in 
        the Plan by submitting to the Secretary concerned a request to 
        discontinue participation in the Plan.
            (B) Effective date.--Participation in the Plan of a person 
        who submits a request under subparagraph (A) shall be 
        discontinued effective on the first day of the first month 
        following the month in which the request under subparagraph (A) 
        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 request for discontinuation.--Any request under 
        this paragraph to discontinue participation in the Plan shall be 
        in such form and shall contain such information as the Secretary 
        concerned may require by regulation.

        (2) Consent of beneficiaries required.--A person described in 
    paragraph (1) may not discontinue participation in the Plan under 
    such paragraph without the written consent of the beneficiary or 
    beneficiaries of such person under the Plan.
        (3) Information on plan to be provided by secretary concerned.--
            (A) Information to be provided promptly to participant.--The 
        Secretary concerned shall furnish promptly to each person who 
        files a request under paragraph (1) to discontinue participation 
        in the Plan a written statement of the advantages of 
        participating in the Plan and the possible disadvantages of 
        discontinuing participation.
            (B) Right to withdraw discontinuation request.--A person may 
        withdraw a request made under paragraph (1) if it is withdrawn 
        within 30 days after having been submitted to the Secretary 
        concerned.

        (4) Refund of deductions from retired pay.--Upon the death of a 
    person described in paragraph (1) who discontinued participation in 
    the Plan in accordance with this subsection, any amount deducted 
    from the retired pay of that person under this section shall be 
    refunded to the person's surviving spouse.
        (5) Resumption of participation in plan.--
            (A) Conditions for resumption.--A person described in 
        paragraph (1) who discontinued participation in the Plan may 
        elect to participate again in the Plan if--
                (i) after having discontinued participation in the Plan 
            the Secretary of Veterans Affairs reduces that person's 
            service-connected disability rating to a rating of less than 
            total; and
                (ii) that person applies to the Secretary concerned, 
            within such period of time after the reduction in such 
            person's service-connected disability rating has been made 
            as the Secretary concerned may prescribe, to again 
            participate in the Plan and includes in such application 
            such information as the Secretary concerned may require.

            (B) Effective date of resumed coverage.--Such person's 
        participation in the Plan under this paragraph is effective 
        beginning on the first day of the month after the month in which 
        the Secretary concerned receives the application for resumption 
        of participation in the Plan.
            (C) Resumption of contributions.--When a person elects to 
        participate in the Plan under this paragraph, the Secretary 
        concerned shall begin making reductions in that person's retired 
        pay, or require such person to make deposits in the Treasury 
        under subsection (d), as appropriate, effective on the effective 
        date of such participation under subparagraph (B).

    (h) Increases in Reduction With Increases in Retired Pay.--
        (1) General rule.--Whenever retired pay is increased under 
    section 1401a of this title (or any other provision of law), the 
    amount of the reduction to be made under subsection (a) or (b) in 
    the retired pay of any person shall be increased at the same time 
    and by the same percentage as such retired pay is so increased.
        (2) Coordination when payment of increase in retired pay is 
    delayed by law.--
            (A) In general.--Notwithstanding paragraph (1), when the 
        initial payment of an increase in retired pay under section 
        1401a of this title (or any other provision of law) to a person 
        is for a month that begins later than the effective date of that 
        increase by reason of the application of subsection (b)(2)(B) of 
        such section (or section 631(b) of Public Law 104-106 (110 Stat. 
        364)), then the amount of the reduction in the person's retired 
        pay shall be effective on the date of that initial payment of 
        the increase in retired pay rather than the effective date of 
        the increase in retired pay.
            (B) Delay not to affect computation of annuity.--
        Subparagraph (A) may not be construed as delaying, for purposes 
        of determining the amount of a monthly annuity under section 
        1451 of this title, the effective date of an increase in a base 
        amount under subsection (h) of such section from the effective 
        date of an increase in retired pay under section 1401a of this 
        title to the date on which the initial payment of that increase 
        in retired pay is made in accordance with subsection (b)(2)(B) 
        of such section.

    (i) Recomputation of Reduction Upon Recomputation of Retired Pay.--
Whenever the retired pay of a person who first became a member of a 
uniformed service on or after August 1, 1986, and who is a participant 
in the Plan is recomputed under section 1410 of this title upon the 
person's becoming 62 years of age, the amount of the reduction in such 
retired pay under this section shall be recomputed (effective on the 
effective date of the recomputation of such retired pay under section 
1410 of this title) so as to be the amount equal to the amount of such 
reduction that would be in effect on that date if increases in such 
retired pay under section 1401a(b) of this title, and increases in 
reductions in such retired pay under subsection (h), had been computed 
as provided in paragraph (2) of section 1401a(b) of this title (rather 
than under paragraph (3) of that section).
    (j) Coverage Paid Up at 30 Years and Age 70.--Effective October 1, 
2008, no reduction may be made under this section in the retired pay of 
a participant in the Plan for any month after the later of--
        (1) the 360th month for which the participant's retired pay is 
    reduced under this section; and
        (2) the month during which the participant attains 70 years of 
    age.

(Added Pub. L. 92-425, Sec. 1(3), Sept. 21, 1972, 86 Stat. 710; amended 
Pub. L. 94-496, Sec. 1(4), (5), Oct. 14, 1976, 90 Stat. 2375; Pub. L. 
95-397, title II, Sec. 205, Sept. 30, 1978, 92 Stat. 847; Pub. L. 96-
402, Sec. 4, Oct. 9, 1980, 94 Stat. 1706; Pub. L. 97-22, Sec. 11(a)(3), 
(5), July 10, 1981, 95 Stat. 137; Pub. L. 99-145, title VII, 
Secs. 714(a), 719(7), (8), 723(b)(2), Nov. 8, 1985, 99 Stat. 672, 675-
677; Pub. L. 99-348, title III, Sec. 301(a)(3), July 1, 1986, 100 Stat. 
702; Pub. L. 99-661, div. A, title XIII, Sec. 1343(a)(8)(E), Nov. 14, 
1986, 100 Stat. 3992; Pub. L. 100-224, Sec. 3(b), Dec. 30, 1987, 101 
Stat. 1537; Pub. L. 101-189, div. A, title XIV, Secs. 1402(a)-(c), 
1407(a)(9), title XVI, Sec. 1621(a)(1), Nov. 29, 1989, 103 Stat. 1577, 
1578, 1589, 1602; Pub. L. 101-510, div. A, title XIV, 
Sec. 1484(l)(4)(C)(ii), Nov. 5, 1990, 104 Stat. 1720; Pub. L. 103-337, 
div. A, title VI, Sec. 637(a), Oct. 5, 1994, 108 Stat. 2790; Pub. L. 
104-201, div. A, title VI, Secs. 634, 635(a), Sept. 23, 1996, 110 Stat. 
2572, 2579; Pub. L. 105-85, div. A, title X, Sec. 1073(a)(29), Nov. 18, 
1997, 111 Stat. 1901; Pub. L. 105-261, div. A, title VI, Sec. 641, Oct. 
17, 1998, 112 Stat. 2045; Pub. L. 106-65, div. A, title VI, 
Sec. 643(a)(2), Oct. 5, 1999, 113 Stat. 663.)

                       References in Text

    Section 631(b) of Public Law 104-106 (110 Stat. 364), referred to in 
subsec. (h)(2)(A), was set out as a note under section 1401a of this 
title prior to repeal by Pub. L. 104-201, div. A, title VI, Sec. 631(b), 
Sept. 23, 1996, 110 Stat. 2549.


                               Amendments

    1999--Subsec. (i). Pub. L. 106-65 substituted ``Whenever the retired 
pay'' for ``When the retired pay''.
    1998--Subsec. (j). Pub. L. 105-261 added subsec. (j).
    1997--Subsec. (a)(1)(A). Pub. L. 105-85, Sec. 1073(a)(29)(A), 
substituted ``provided'' for ``providing'' in introductory provisions.
    Subsec. (e). Pub. L. 105-85, Sec. 1073(a)(29)(B), substituted 
``section 8339(j)'' for ``section 8339(i)'' and ``section 8341(b)'' for 
``section 8331(b)''.
    1996--Pub. L. 104-201, Sec. 634, amended section generally, revising 
and restating provisions relating to reductions in retired pay.
    Subsec. (h)(2). Pub. L. 104-201, Sec. 635(a), added par. (2).
    1994--Subsec. (b). Pub. L. 103-337 amended subsec. (b) generally. 
Prior to amendment, subsec. (b) read as follows: ``The retired pay of a 
person to whom section 1448 of this title applies who has a dependent 
child but does not have an eligible spouse or former spouse, or who has 
a spouse or former spouse but has elected to provide an annuity for 
dependent children only, shall, as long as he has an eligible dependent 
child, be reduced by an amount prescribed under regulations of the 
Secretary of Defense.''
    1990--Subsec. (h). Pub. L. 101-510 made clarifying amendment to 
directory language of Pub. L. 101-189, Sec. 1407(a)(9), see 1989 
Amendment note below.
    1989--Subsec. (a). Pub. L. 101-189, Sec. 1402(a), inserted heading.
    Subsec. (a)(1). Pub. L. 101-189, Sec. 1402(a), added par. (1) and 
struck out former par. (1) which read as follows: ``Except as provided 
in subsection (b), the retired pay of a person to whom section 1448 of 
this title applies who has a spouse or former spouse, or who has a 
spouse or former spouse and a dependent child, and who has not elected 
to provide an annuity to a person designated by him under section 
1450(a)(4) of this title, or who had elected to provide such an annuity 
to such a person but has changed his election in favor of his spouse 
under section 1450(f) of this title, shall be reduced each month--
        ``(A) by an amount equal to 2\1/2\ percent of the first $300 (as 
    adjusted from time to time under paragraph (4)) of the base amount 
    plus 10 percent of the remainder of the base amount, if the person 
    is providing a standard annuity; or
        ``(B) by an amount prescribed under regulations of the Secretary 
    of Defense, if the person is providing a reserve-component 
    annuity.''
    Subsec. (a)(4)(A), (B). Pub. L. 101-189, Sec. 1402(c), substituted 
``amounts under paragraph (1)'' for ``amount under paragraph (1)(A)''.
    Subsec. (a)(5). Pub. L. 101-189, Sec. 1402(b), added par. (5).
    Subsec. (g)(1), (5). Pub. L. 101-189, Sec. 1621(a)(1), substituted 
``Department of Veterans Affairs'' for ``Veterans' Administration''.
    Subsec. (h). Pub. L. 101-189, Sec. 1407(a)(9), as amended by Pub. L. 
101-510, inserted ``(or any other provision of law)'' after ``Whenever 
retired pay is increased under section 1401a of this title'' and 
substituted ``such retired pay is so increased'' for ``such retired pay 
is increased under section 1401a of this title''.
    1987--Subsec. (i). Pub. L. 100-224 added subsec. (i).
    1986--Subsec. (c). Pub. L. 99-348 inserted provision that 
computation of a member's retired pay for purposes of this subsection be 
made without regard to any reduction under section 1409(b)(2) of this 
title.
    Subsec. (h). Pub. L. 99-661 struck out ``and retainer'' after 
``Whenever retired''.
    1985--Pub. L. 99-145, Sec. 719(8)(B), struck out ``or retainer'' 
after ``retired'' in section catchline.
    Subsec. (a)(1). Pub. L. 99-145, Sec. 714(a)(1), (2), designated 
existing first sentence of subsec. (a) as par. (1); redesignated cl. (1) 
as (A), inserting ``(as adjusted from time to time under paragraph 
(4))'' after ``$300'' and substituting ``a standard annuity'' for ``an 
annuity by virtue of eligibility under section 1448(a)(1)(A) of this 
title''; and redesignated cl. (2) as (B), substituting ``a reserve-
component annuity'' for ``an annuity by virtue of eligibility under 
section 1448(a)(1)(B)''.
    Pub. L. 99-145, Sec. 719(8)(A), substituted ``retired pay'' for 
``retired or retainer pay''.
    Pub. L. 99-145, Sec. 723(b)(2)(1), inserted ``or former spouse'' 
after first two references to ``spouse''.
    Subsec. (a)(2). Pub. L. 99-145, Sec. 714(a)(3), designated existing 
second sentence of subsec. (a) as par. (2), and substituted ``If there 
is a dependent child as well as a spouse or former spouse, the amount 
prescribed under paragraph (1)'' for ``As long as there is an eligible 
spouse and a dependent child, that amount''.
    Subsec. (a)(3). Pub. L. 99-145, Sec. 714(a)(4), designated existing 
third sentence of subsec. (a) as par. (3), substituted ``paragraph (1)'' 
for ``the first sentence of this subsection'', and inserted ``or former 
spouse'' after ``eligible spouse''.
    Pub. L. 99-145, Sec. 719(8)(A), substituted ``retired pay'' for 
``retired or retainer pay''.
    Subsec. (a)(4). Pub. L. 99-145, Sec. 714(a)(5), added par. (4).
    Subsec. (b). Pub. L. 99-145, Sec. 723(b)(2)(2), inserted ``or former 
spouse'' after ``spouse'' in two places.
    Pub. L. 99-145, Sec. 719(8)(A), substituted ``retired pay'' for 
``retired or retainer pay''.
    Subsec. (c). Pub. L. 99-145, Sec. 719(7), (8)(A), substituted 
``retired pay'' for ``retired or retainer pay'' in three places, and 
substituted ``a standard annuity'' for ``the annuity by virtue of 
eligibility under section 1448(a)(1)(A) of this title'' in cl. (1), ``a 
reserve-component annuity'' for ``the annuity by virtue of eligibility 
under section 1448(a)(1)(B) of this title'' in cl. (2), and ``this 
subsection'' for ``this section'' in third sentence.
    Subsecs. (d) to (h). Pub. L. 99-145, Sec. 719(8)(A), substituted 
``retired pay'' for ``retired or retainer pay'' wherever appearing.
    1981--Subsec. (e). Pub. L. 97-22, Sec. 11(a)(3), substituted 
``Office of Personnel Management'' for ``Civil Service Commission''.
    Subsec. (g)(4). Pub. L. 97-22, Sec. 11(a)(5), substituted ``this 
section'' for ``section 1452 of this title''.
    1980--Subsecs. (g), (h). Pub. L. 96-402, added subsecs. (g) and (h).
    1978--Subsec. (a). Pub. L. 95-397, Sec. 205(a), substituted pars. 
(1) and (2) for ``by an amount equal to 2\1/2\ percent of the first $300 
of the base amount plus 10 percent of the remainder of the base amount'' 
after ``shall be reduced each month''.
    Subsec. (c). Pub. L. 95-397, Sec. 205(b), substituted pars. (1) and 
(2) for ``by 10 percent plus 5 percent for each full 5 years the 
individual designated is younger than that person. However, the total 
reduction may not exceed 40 percent. The reduction in retired or 
retainer pay prescribed by this subsection shall continue during the 
lifetime of the person designated under section 1450(a)(4) of this title 
or until the person receiving retired or retainer pay changes his 
election under section 1450(f)'', and inserted provision following par. 
(2) that the total reduction under clause (1) may not exceed 40 percent, 
and that the reduction in retired or retainer pay shall continue during 
the lifetime of the person designated under section 1450(a)(4) of this 
title or until the person changes his election under section 1450(f) of 
this title.
    1976--Subsec. (a). Pub. L. 94-496, Sec. 1(4), (5)(A), substituted 
``Except as provided in subsection (b), the retired or retainer pay'' 
for ``The retired or retainer pay'', ``(a)(4)'' for ``(a)(3)'', and 
inserted provision prohibiting a reduction in retired or retainer pay 
during any month in which there is no eligible spouse beneficiary.
    Subsec. (b). Pub. L. 94-496, Sec. 1(5)(B), inserted ``or who has a 
spouse but has elected to provide an annuity for dependent children 
only,'' after ``spouse,''.
    Subsec. (c). Pub. L. 94-496, Sec. 1(4), (5)(C), substituted 
``(a)(4)'' for ``(a)(3)'', and inserted provision directing that 
reduction in retired or retainer pay continue during the lifetime of a 
beneficiary designated under section 1450(a)(4) of this title or until 
such person change his election pursuant to section 1450(f) of this 
title.


                    Effective Date of 1999 Amendment

    Amendment by Pub. L. 106-65 effective Oct. 1, 1999, see section 644 
of Pub. L. 106-65, set out as a note under section 1401a of this title.


                    Effective Date of 1996 Amendment

    Section 635(b) of Pub. L. 104-201 provided that: ``The amendment 
made by subsection (a) [amending this section] shall apply with respect 
to retired pay payable for months beginning on or after the date of the 
enactment of this Act [Sept. 23, 1996].''


                    Effective Date of 1994 Amendment

    Section 637(b) of Pub. L. 103-337 provided that:
    ``(1) Except as provided in paragraph (2), the amendment made by 
subsection (a) [amending this section] applies to any election for 
child-only coverage under a reserve-component annuity under the Survivor 
Benefit Plan, whether made before, on, or after the date of the 
enactment of this Act [Oct. 5, 1994].
    ``(2) Paragraph (1) does not apply in a case of an election referred 
to in that paragraph that was made before the date of the enactment of 
this Act if the participant was informed, in writing, before the date of 
the enactment of this Act that no reduction in the participant's retired 
pay for child-only coverage would be made during a period when there was 
no eligible dependent child.''


                    Effective Date of 1990 Amendment

    Section 1484(l)(4)(C) of Pub. L. 101-510 provided that the amendment 
made by that section is effective Nov. 29, 1989.


                    Effective Date of 1985 Amendment

    Section 714(b) of title VII of Pub. L. 99-145 provided that: ``The 
amendments made by clause (5) of subsection (a) [amending this section] 
shall apply only with respect to persons who first participate in the 
Plan on or after the effective date of this title [see note below].''
    Amendment by title VII of Pub. L. 99-145 effective Mar. 1, 1986, 
except as otherwise provided, 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 1980 Amendment

    Amendment by Pub. L. 96-402 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.


                    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. 11, 1972, see section 3 
of Pub. L. 94-496, set out as a note under section 1447 of this title.


          Recomputation of SBP Premium for Current Participants

    Section 1402(d) of Pub. L. 101-189 provided that:
    ``(1) Recomputation.--The Secretary concerned shall recompute the 
SBP premium of persons described in paragraph (2). Any such 
recomputation shall take effect on March 1, 1990.
    ``(2) Persons covered.--A person referred to in paragraph (1) as 
described in this paragraph is a person who on March 1, 1990--
        ``(A) is entitled to retired pay;
        ``(B) is providing spouse coverage (as described in paragraph 
    (5) of section 1452[(a)] of title 10, United States Code, as added 
    by subsection (b)); and
        ``(C) is subject to an SBP premium in excess of 6\1/2\ percent 
    of the base amount of that person under the Survivor Benefit Plan.
    ``(3) Amount of recomputed premium.--The amount of an SBP premium 
recomputed under this subsection shall be 6\1/2\ percent of the base 
amount under the Survivor Benefit Plan of the person whose premium is 
recomputed.
    ``(4) SBP premium defined.--For purposes of this subsection, the 
term `SBP premium' means a reduction in retired pay under section 1452 
of title 10, United States Code.''

                  Section Referred to in Other Sections

    This section is referred to in sections 1448, 1450, 1451, 1455, 
1460, 1460a of this title; title 26 section 122.
