110 STAT. 2554 PUBLIC LAW 104-201—SEPT. 23, 1996 "(2) PARTICIPANTS IN THE PLAN.— The Plan applies to the following persons, who shall be participants in the Plan: "(A) STANDARD ANNUITY PARTICIPANTS.—^A person who is eligible to participate in the Plan under paragraph (1)(A) and who is married or has a dependent child when he becomes entitled to retired pay, unless he elects (with his spouse's concurrence, if required under paragraph (3)) not to participate in the Plan before the first day for which he is eligible for that pay. " (B) RESERVE-COMPONENT ANNUITY PARTICIPANTS. — A person who (i) is eligible to participate in the Plan under paragraph (1)(B), (ii) is married or has a dependent child when he is notified under section 12731(d) of this title that he has completed the years of service required for eligibility for reserve-component retired pay, and (iii) elects to participate in the Plan (and makes a designation under subsection (e)) before the end of the 90-day period beginning on the date he receives such notification. A person described in clauses (i) and (ii) of subparagraph (B) who does not elect to participate in the Plan before the end of the 90-day period referred to in that clause remains eligible, upon reaching 60 years of age and otherwise becoming entitled to retired pay, to participate in the Plan in accordance with eligibility under paragraph (1)(A). " (3) ELECTIONS. — "(A) SPOUSAL CONSENT FOR CERTAIN ELECTIONS RESPECTING STANDARD ANNUITY.— ^A married person who is eligible to provide a standard annuity may not without the concurrence of the person's spouse elect— "(i) not to participate in the Plan; "(ii) to provide an annuity for the person's spouse at less than the maximum level; or "(iii) to provide an annuity for a dependent child but not for the person's spouse. " (B) SPOUSAL CONSENT FOR CERTAIN ELECTIONS RESPECTING RESERVE-COMPONENT ANNUITY.—^A married person who elects to provide a reserve-component annuity may not without the concurrence of the person's spouse elect— "(i) to provide an annuity for the person's spouse at less than the maximum level; or "(ii) to provide an annuity for a dependent child but not for the person's spouse. "(C) EXCEPTION WHEN SPOUSE UNAVAILABLE. — A person may make an election described in subparagraph (A) or (B) without the concurrence of the person's spouse if the person establishes to the satisfaction of the Secretary concerned— "(i) that the spouse's whereabouts cannot be determined; or "(ii) that, due to exceptional circumstances, requiring the person to seek the spouse's consent would otherwise be inappropriate. " (D) CONSTRUCTION WITH FORMER SPOUSE ELECTION PROVISIONS.— This paragraph does not affect any right or obligation to elect to provide an annuity for a former spouse
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