PUBLIC LAW 104-201—SEPT. 23, 1996
110 STAT. 2553
" (B) SPECIAL RULES FOR COLLEGE STUDENTS. —For the
purpose of subparagraph (A), a child whose twenty-second
birthday occurs before July 1 or after August 31 of a
calendar year, and while regularly pursuing such a course
of study or training, is considered to have become 22 years
of age on the first day of July after that birthday. A
child who is a student is considered not to have ceased
to be a student during an interim between school years
if the interim is not more than 150 days and if the child
shows to the satisfaction of the Secretary of Defense that
the child has a bona fide intention of continuing to pursue
a course of study or training in the same or a different
school during the school semester (or other period into
which the school year is divided) immediately after the
interim.
"(C) FOSTER CHILDREN.— A foster child, to qualify under
this paragraph as the dependent child of a person to whom
the Plan applies, must, at the time of the death of that
person, also reside with, and receive over one-half of his
support from, that person, and not be cared for under
a social agency contract. The temporary absence of a foster
child from the residence of that person, while a student
as described in this paragraph, shall not be considered
to affect the residence of such a foster child.
"(12) COURT.— The term 'court' has the meaning given that
term by section 1408(a)(1) of this title.
" (13) COURT ORDER.—
"(A) IN GENERAL.— The term 'court order' means a
court's final decree of divorce, dissolution, or annulment
or a court ordered, ratified, or approved property settlement
incident to such a decree (including a final decree modifying
the terms of a previously issued decree of divorce, dissolution, annulment, or legal separation, or of a court ordered,
ratified, or approved property settlement agreement
incident to such previously issued decree).
"(B) FINAL DECREE.The term 'final decree' means
a decree from which no appeal may be taken or from
which no appeal has been taken within the time allowed
for the taking of such appeals under the laws applicable
to such appeals, or a decree from which timely appeal
has been taken and such appeal has been finally decided
under the laws applicable to such appeals.
"(C) REGULAR ON ITS FACE.—The term 'regular on its
face', when used in connection with a court order, means
a court order that meets the conditions prescribed in section
1408(b)(2) of this title.
- ^§ 1448. Application of plan
"(a) GENERAL RULES FOR PARTICIPATION IN THE PLAN.— "(1) NAME OF PLAN; ELIGIBLE PARTICIPANTS.—The program established by this subchapter shall be known as the Survivor Benefit Plan. The following persons are eligible to participate in the Plan: "(A) Persons entitled to retired pay. "(B) Persons who would be eligible for reserve-component retired pay but for the fact that they are under 60 years of age.
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