
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: 10USC1457]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
         CHAPTER 73--ANNUITIES BASED ON RETIRED OR RETAINER PAY
 
           SUBCHAPTER III--SUPPLEMENTAL SURVIVOR BENEFIT PLAN
 
Sec. 1457. Supplemental spouse coverage: payment of annuity; 
        amount
        
    (a) Commencement of Annuity.--A supplemental spouse annuity 
commences on the later of--
        (1) the day on which an annuity under the Survivor Benefit Plan 
    becomes payable to the beneficiary; or
        (2) the first day of the first month after the month in which 
    the beneficiary becomes 62 years of age.

    (b) Amount of Annuity for Beneficiary of Person Providing Standard 
Annuity Under SBP.--In the case of a person providing a standard annuity 
for a spouse or former spouse beneficiary under the Survivor Benefit 
Plan and providing a supplemental spouse annuity for that beneficiary 
under this subchapter, the monthly annuity payable to the beneficiary 
under this subchapter shall be the amount equal to 5, 10, 15, or 20 
percent of the base amount under the Survivor Benefit Plan of the person 
providing the annuity, as specified by that person when electing to 
provide the annuity. The annuity shall be computed as of the date of the 
death of the person providing the annuity, notwithstanding that the 
annuity is not payable at that time by reason of subsection (a).
    (c) Amount of Annuity for Beneficiary of Person Providing Reserve-
Component Annuity Under SBP.--In the case of a person providing a 
reserve-component annuity for a spouse or former spouse beneficiary 
under the Survivor Benefit Plan and providing a supplemental spouse 
annuity for that beneficiary under this subchapter, the monthly annuity 
payable to that beneficiary under this subchapter shall be determined as 
follows:
        (1) Beneficiary initially 62 years of age or older.--If the 
    beneficiary is 62 years of age or older when the beneficiary becomes 
    entitled to the reserve-component annuity under the Survivor Benefit 
    Plan, the monthly amount of the supplemental spouse annuity is the 
    difference between--
            (A) the amount of the reserve-component annuity under the 
        Survivor Benefit Plan to which the beneficiary would be entitled 
        if that beneficiary were under 62 years of age (as computed 
        under section 1451(a)(2)(A) of this title); and
            (B) the amount of the reserve-component annuity to which the 
        beneficiary is entitled (as computed under section 1451(a)(2)(B) 
        of this title).

        (2) Beneficiary initially under 62 years of age.--If the 
    beneficiary is under 62 years of age when the beneficiary becomes 
    entitled to the reserve-component annuity under the Survivor Benefit 
    Plan, the monthly amount of the supplemental spouse annuity of that 
    beneficiary (commencing on the date specified in subsection (a)(2)) 
    is the amount by which the beneficiary's annuity under the Survivor 
    Benefit Plan is reduced (on the same day) under section 1451(d) of 
    this title.
        (3) Exclusion of dic offset.--Computations under paragraphs (1) 
    and (2) shall be made without regard to any reduction required under 
    section 1450(c) of this title (or any other provision of law) with 
    respect to the receipt of dependency and indemnity compensation 
    under section 1311 of title 38.

    (d) Adjustments in Annuities.--
        (1) Periodic adjustments (colas).--Whenever annuities under the 
    Survivor Benefit Plan are increased under section 1451(g)(1) of this 
    title (or any other provision of law) or recomputed under section 
    1451(i) of this title, each annuity under this subchapter shall be 
    increased or recomputed at the same time. The increase shall, in the 
    case of any such annuity, be by the same percent as the percent by 
    which the annuity of that beneficiary is increased or recomputed 
    under the Survivor Benefit Plan.
        (2) Rounding down.--The monthly amount of an annuity payable 
    under this subchapter, if not a multiple of $1, shall be rounded to 
    the next lower multiple of $1.

    (e) Termination of Annuity.--A supplemental spouse annuity 
terminates effective as of the first day of the month in which the 
beneficiary dies or otherwise becomes ineligible to continue to receive 
an annuity under the Survivor Benefit Plan.

(Added Pub. L. 101-189, div. A, title XIV, Sec. 1404(a)(1), Nov. 29, 
1989, 103 Stat. 1580; amended Pub. L. 102-190, div. A, title VI, 
Sec. 653(b)(1), Dec. 5, 1991, 105 Stat. 1388; Pub. L. 103-337, div. A, 
title X, Sec. 1070(e)(5), Oct. 5, 1994, 108 Stat. 2859.)


                               Amendments

    1994--Subsec. (c)(3). Pub. L. 103-337 substituted ``section 1311 of 
title 38'' for ``section 411 of title 38''.
    1991--Subsec. (b). Pub. L. 102-190 substituted ``5, 10, 15, or 20 
percent of the base amount under the Survivor Benefit Plan of the person 
providing the annuity, as specified by that person when electing to 
provide the annuity'' for ``20 percent of the base amount under the 
Survivor Benefit Plan of the person providing the annuity''.


                    Effective Date of 1991 Amendment

    Section 653(b)(3) of Pub. L. 102-190 provided that: ``The amendments 
made by this subsection [amending this section and section 1460 of this 
title] shall take effect on April 1, 1992.''

                  Section Referred to in Other Sections

    This section is referred to in section 1460 of this title.
