
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: 10USC1458]

 
                         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. 1458. Supplemental spouse coverage: eligible participants; 
        elections of coverage
        
    (a) Coverage.--
        (1) In general.--A person who provides an annuity for a spouse 
    or former spouse under the Survivor Benefit Plan at the maximum 
    level may elect in accordance with this section to provide a 
    supplemental spouse annuity for that spouse or former spouse.
        (2) Coverage contingent on concurrent sbp coverage.--When a 
    person providing a supplemental spouse annuity under this subchapter 
    ceases to be a participant under the Survivor Benefit Plan, that 
    person's coverage under this subchapter automatically terminates.
        (3) Elections to be voluntary.--A person may not be ordered or 
    required to elect (or to enter into an agreement to elect) to 
    provide a spouse or former spouse with a supplemental spouse annuity 
    under this subchapter. Except as provided in section 1459(b) of this 
    title, in no case shall a person be deemed to have made an election 
    to provide a supplemental annuity for a spouse or former spouse of 
    such person.

    (b) Limitation on Eligibility for Certain SBP Participants Not 
Affected by Two-Tier Annuity Computation.--A person is not eligible to 
make an election under this section 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 this title. However, such a person may waive the right to 
have that annuity computed under section 1451(e) of this title. Any such 
election is irrevocable. A person making such a waiver may make an 
election under this section as in the case of any other participant in 
the Survivor Benefit Plan.
    (c) Election of Supplemental Spouse Annuity Before Becoming a 
Participant in SBP.--
        (1) In general.--A person anticipating becoming a participant in 
    the Survivor Benefit Plan who has a spouse or former spouse may 
    elect to provide a supplemental spouse annuity under this subchapter 
    for that spouse or former spouse.
        (2) Conditions on election.--An election under paragraph (1)--
            (A) must be made before the day on which the person making 
        the election first becomes a participant in the Survivor Benefit 
        Plan; and
            (B) shall be made in the same manner as an election under 
        section 1448 of this title that is available to that person at 
        the same time.

        (3) Requirement of spouse annuity under sbp.--If upon becoming a 
    participant in the Survivor Benefit Plan under section 1448 of this 
    title the person is not providing an annuity for the person's spouse 
    or former spouse, an election under this section to provide a 
    supplemental spouse annuity shall be void.
        (4) Special rule for rcsbp participants.--For the purposes of 
    this subsection, a person providing a reserve-component annuity 
    under the Survivor Benefit Plan shall not be considered to have 
    become a participant in that Plan until the end of the 90-day period 
    referred to in clause (iii) of section 1448(a)(2)(B) of this title.

    (d) Election of Former Spouse After Becoming Eligible for Survivor 
Benefit Plan.--
        (1) Election of coverage.--A person who elects under section 
    1448(b)(3) of this title to provide coverage under the Survivor 
    Benefit Plan for a former spouse may elect to provide a supplemental 
    spouse annuity for that former spouse. Any such election must be 
    signed by the person and received by the Secretary concerned within 
    one year after the date of the decree of divorce, dissolution, or 
    annulment.
        (2) Effective date of election.--An election under paragraph (1) 
    is effective as of the same day as the election under section 
    1448(b)(3) of this title.

    (e) Notice to Spouse of Former Spouse Coverage.--If a married person 
who is eligible to provide an annuity under the Survivor Benefit Plan 
elects to provide an annuity under that Plan for a former spouse (or for 
a former spouse and dependent child) and elects under this section to 
provide a supplemental spouse annuity for that former spouse, the 
notification to the person's spouse under section 1448(a)(3)(E) or 
1448(b)(3)(D) of this title shall include notice of the election under 
this section.
    (f) Irrevocability of Elections.--
        (1) Standard annuity.--An election under subsection (c) to 
    provide a supplemental spouse annuity by a person providing a 
    standard annuity under the Survivor Benefit Plan is irrevocable if 
    not revoked on the day before the date on which the person first 
    becomes a participant in that Plan.
        (2) Reserve-component annuity.--An election under subsection (c) 
    to provide a supplemental spouse annuity by a person providing a 
    reserve-component annuity under the Survivor Benefit Plan is 
    irrevocable if not revoked before the end of the 90-day period with 
    respect to that person referred to in clause (iii) of section 
    1448(a)(2)(B) of this title.
        (3) Former spouse elections.--An election under subsection (d) 
    may not be revoked except in accordance with subsection (h).

    (g) Remarriage After Retirement.--
        (1) Election upon remarriage.--A person--
            (A) who is a participant in the Survivor Benefit Plan and is 
        providing coverage under that Plan for a spouse (or a spouse and 
        child) but is not a participant in the Supplemental Survivor 
        Benefit Plan;
            (B) who does not have an eligible spouse beneficiary under 
        that Plan; and
            (C) who remarries,

    may (subject to paragraph (2)) elect to provide a supplemental 
    spouse annuity under this subchapter for the person's spouse.

        (2) Limitations on election.--A person may not make an election 
    under paragraph (1) if the person elects under section 1448(a)(6)(A) 
    of this title not to provide coverage under the Survivor Benefit 
    Plan for the person's spouse.
        (3) Conditions on election.--An election under paragraph (1)--
            (A) is irrevocable;
            (B) shall be made within one year after the remarriage; and
            (C) shall be made in such form and manner as may be 
        prescribed in regulations under section 1460b of this title.

    (h) Change of Former Spouse Beneficiary to Spouse or Child 
Beneficiary.--If a person who is providing an annuity for a former 
spouse under the Survivor Benefit Plan and a supplemental spouse annuity 
for that former spouse under this subchapter elects under section 
1450(f)(1) of this title to change the beneficiary of the annuity under 
the Survivor Benefit Plan in order to provide an annuity under that Plan 
to that person's spouse or to a dependent child--
            (1) the beneficiary under the supplemental spouse annuity 
        shall be deemed to be changed to that spouse also, if the change 
        under section 1450(f)(1) was to provide the annuity for the 
        person's spouse; and
            (2) participation in the supplemental spouse annuity program 
        shall be terminated, if the change under section 1450(f)(1) of 
        this title was to provide the annuity for a dependent child.

    (i) Reinstatement of Discontinued Annuity Upon Reinstatement of SBP 
Annuity.--If a person who is providing an annuity for a former spouse 
under the Survivor Benefit Plan and a supplemental spouse annuity for 
that former spouse under this subchapter discontinues participation in 
the Survivor Benefit Plan under any provision of law and subsequently 
resumes participation in that Plan under any provision of law, the 
participation of that person in the Supplemental Survivor Benefit Plan 
under this chapter shall be reinstated effective on the day on which 
participation in the Survivor Benefit Plan resumes.

(Added Pub. L. 101-189, div. A, title XIV, Sec. 1404(a)(1), Nov. 29, 
1989, 103 Stat. 1581; amended Pub. L. 102-190, div. A, title VI, 
Sec. 653(c)(1), Dec. 5, 1991, 105 Stat. 1388.)


                               Amendments

    1991--Subsec. (a)(1). Pub. L. 102-190 inserted ``at the maximum 
level'' after ``Survivor Benefit Plan''.

                  Section Referred to in Other Sections

    This section is referred to in section 1459 of this title.
