Page:United States Statutes at Large Volume 102 Part 2.djvu/987

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PUBLIC LAW 100-000—MMMM. DD, 1988

PUBLIC LAW 100-456—SEPT. 29, 1988

102 STAT. 1991

SEC. 652. TECHNICAL CORRECTION TO SURVIVOR BENEFIT PLAN COVERAGE OF FORMER SPOUSES (a) INCLUSION OF FORMER SPOUSES IN SAVINGS PROVISION.—Section

1451(e)(1) of title 10, United States Code, is amended— (1) by striking out "widow or widower" in subparagraph (A) and inserting in lieu thereof "widow, widower, or former spouse"; and (2) by inserting "or former spouse" in subparagraph (B) after "A spouse". (b) EFFECTIVE DATE.—The amendments made by subsection (a) lo use 1451 shall apply to payments under the Survivor Benefit Plan established "°*®under subchapter II of chapter 73 of title 10, United States Code, for periods after February 28, 1986. SEC. 653. ANNUITY FOR CERTAIN SURVIVING SPOUSES

(a) ANNUITY.—(1) The Secretary concerned shall pay an annuity to the qualified surviving spouse of each member of the uniformed services who— (A) died before November 1, 1953; and (B) was entitled to retired or retainer pay on the date of death. (2) A qualified surviving spouse for purposes of this section is a surviving spouse who has not remarried and who is eligible for an annuity under section 4 of Public Law 92-425 (10 U.S.C. 1448 note). (b) AMOUNT OF ANNUITY.—(1) An annuity payable under this section shall be paid at the rate of $165 per month, as adjusted from time to time under subsection (c). (2) An annuity paid to a surviving spouse under this section shall be reduced by the amount of dependency and indemnity compensation (DIC) to which the surviving spouse is entitled under section 411(a) of title 38, United States Code. (c) COST-OF-LIVING INCREASES.—Whenever retired or retainer pay

is increased under section 1401a(b)(2) of title 10, United States Code, each annuity that is payable under this section shall be increased at the same time and by the same total percent. The amount of the increase shall be based on the monthly annuity payable before any reduction under this section. (d) RELATIONSHIP TO OTHER PROGRAMS.—An annuity paid to a surviving spouse under this section is in addition to any pension to which the surviving spouse is entitled under subchapter III of chapter 15 of title 38, United Staces Code, or section 306 of the Veterans' and Survivors' Pension Improvement Act of 1978 (38 U.S.C. 521 note), and any payment made under the provisions of section 4 of Public Law 92-425. An annuity paid under this section shall not be considered as income for the purposes of eligibility for any such pension. (e) DEFINITIONS.—For purposes of this section: (1) The terms "uniformed services" and "Secretary concerned" have the meanings given those terms in section 101 of title 37, United States Code. (2) The term "surviving spouse" has the meaning given the terms "widow" and "widower" in paragraphs (3) and (4), respectively, of section 1447 of title 10, United States Code. (f) EFFECTIVE DATE.—Annuities under this section shall be paid for months beginning after the month in which this Act is enacted. No benefit shall accrue to any person by reason of the enactment of this section for any period biefore the first month referred to in the

10 USC 1448