PUBLIC LAW 108–136—NOV. 24, 2003
117 STAT. 1519
of death is related to a disability for which the member was retired under that chapter (as determined under regulations prescribed by the Secretary of Defense)— ‘‘(i) an election made by the member under paragraph (1) to provide an annuity under the Plan to any person other than a dependent of that member (as defined in section 1072(2) of this title) is vitiated; and ‘‘(ii) the amounts by which the member’s retired pay was reduced under section 1452 of this title shall be refunded and paid to the person to whom the annuity under the Plan would have been paid pursuant to such election.’’. (2) Section 1458 of such title is amended by adding at the end the following new subsection: ‘‘(j) VITIATION OF ELECTION BY DISABILITY RETIREE WHO DIES OF DISABILITY-RELATED CAUSE.—If a member retired on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2004 under chapter 61 of this title dies within one year after the date on which the member is so retired and the cause of death is related to a disability for which the member was retired under that chapter (as determined under regulations prescribed by the Secretary of Defense)— ‘‘(1) an election made by the member to provide a supplemental spouse annuity under this subchapter is vitiated; and ‘‘(2) the amounts by which the member’s retired pay was reduced under section 1460 of this title shall be refunded and paid to the person to whom the supplemental spouse annuity would have been paid pursuant to such election.’’. (c) INSURABLE INTEREST ANNUITY DEEMED ELECTIONS.—Section 1448(d) of such title is amended by adding at the end the following new paragraph: ‘‘(6) DEEMED ELECTION.— ‘‘(A) ANNUITY FOR DEPENDENT.—In the case of a member described in paragraph (1) who dies on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2004, the Secretary concerned may, if no other annuity is payable on behalf of the member under this subchapter, pay an annuity to a natural person who has an insurable interest in such member as if the annuity were elected by the member under subsection (b)(1). The Secretary concerned may pay such an annuity under this paragraph only in the case of a person who is a dependent of that member (as defined in section 1072(2) of this title). ‘‘(B) COMPUTATION OF ANNUITY.—An annuity under this subparagraph shall be computed under section 1451(b) of this title as if the member had retired for total disability on the date of death with reductions as specified under section 1452(c) of this title, as applicable to the ages of the member and the natural person with an insurable interest.’’.
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