12 2 STA T . 1 58PUBLIC LA W 11 0– 181 —J A N .28 , 2008 SEC.64 4.S P EC IAL S URV IV O RI ND E M NI TY ALLO W ANCE F OR PERSONS AFFECTED B YRE Q UIRED SURVIVOR BENEFIT PLAN ANNUITY OFFSET FOR DEPENDENCY AND INDEMNITY COMPENSATION. Section1450 o f tit l e10 ,U nite d St a te sC ode, is a m ended by addin g att h e end the follo w ing new s u bsection
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‘ ( m ) S PECIAL S URV IV O R IND E M NI TYA LLO W ANCE .— ‘‘(1) P ROVI S ION O F ALLOWANCE.— T he Sec r etary concerned shall p ay a monthly special sur v ivor indemnity allowance under this subsection to the surviving spouse or former spouse of a member of the uniformed services to whom section 144 8 of this title applies if— ‘‘(A) the surviving spouse or former spouse is entitled to dependency and indemnity compensation under section 1 3 11(a) of title 38
‘‘( B )e x cept for subsection (c) of this section, the sur - viving spouse or former spouse is eligible for an annuity by reason of a participant in the Plan under section 1448(a)(1) of this title; and ‘‘(C) the eligibility of the surviving spouse or former spouse for an annuity as described in subparagraph (B) is affected by subsection (c) of this section. ‘‘( 2 ) AMOUNT OF PAYMENT.—Sub j ect to paragraph (3), the amount of the allowance paid to an eligible survivor under paragraph (1) for a month shall be e q ual to— ‘‘(A) for months during fiscal year 200 9 , $ 50; ‘‘(B) for months during fiscal year 2010, $ 6 0; ‘‘(C) for months during fiscal year 2011, $ 7 0; ‘‘( D ) for months during fiscal year 2012, $80; ‘‘( E ) for months during fiscal year 2013, $90; and ‘‘( F ) for months after fiscal year 2013, $100. ‘‘(3) L IMITATION.—The amount of the allowance paid to an eligible survivor under paragraph (1) for any month may not exceed the amount of the annuity for that month that is subject to offset under subsection (c). ‘‘(4) STATUS OF PAYMENTS.—An allowance paid under this subsection does not constitute an annuity, and amounts so paid are not subject to adjustment under any other provision of law. ‘‘(5) SOURCE OF FUNDS.—The special survivor indemnity allowance shall be paid from amounts in the Department of Defense M ilitary R etirement Fund established under section 1461 of this title. ‘‘(6) EFFECTIVE DATE AND DURATION.—This subsection shall only apply with respect to the month beginning on O ctober 1, 2008, and subsequent months through the month ending on February 28, 2016. Effective on March 1, 2016, the authority provided by this subsection shall terminate. N o special survivor indemnity allowance may be paid to any person by reason of this subsection for any period before October 1, 2008, or beginning on or after March 1, 2016. ’ ’. SEC. 64 5 . MODIFICATION OF AUT H ORITY OF MEMBERS OF THE ARMED FORCES TO DESI G NATE RECIPIENTS FOR PAYMENT OF DEATH GRATUITY. (a) AUT H ORITY TO DESI G NATE RECIPIENTS.—Section 1477 of title 10, United States Code, is amended— Terminat i o n d ate .Ap p l i c a b ilit y .
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