PUBLIC LAW 104-201—SEPT. 23, 1996
110 STAT. 2565
spouse or former spouse shall be readjusted, effective on the
effective date of such loss of dependency and indemnity compensation, to the amount of the annuity which would be in
effect with respect to the surviving spouse or former spouse
if the adjustment under subsection (c) had never been made.
" (2) REPAYMENT OF AMOUNTS PREVIOUSLY REFLTNDED.—
"(A) GENERAL RULE.— ^A surviving spouse or former
spouse whose annuity is readjusted under paragraph (1)
shall repay any amount refunded under subsection (e) by
reason of the adjustment under subsection (c).
"(B) INTEREST REQUIRED IF REPAYMENT NOT A LUMP
SUM.— I f the repayment is not made in a lump sum, the
surviving spouse or former spouse shall pay interest on
the amount to be repaid. Such interest shall commence
on the date on which the first such payment is due and '^
shall be applied over the period during which any part
of the repayment remains to be paid.
" (C) MANNER OF REPAYMENT; RATE OF INTEREST. — The
manner in which such repayment shall be made, and the
rate of any such interest, shall be prescribed in regulations
under section 1455 of this title.
"(D) DEPOSIT OF AMOUNTS REPAID.— An amount repaid
under this paragraph (including Einy such interest) received
by the Secretary of Defense shall be deposited into the
Department of Defense Military Retirement Fund. Any
other amount repaid under this paragraph shall be deposited into the Treasury as miscellaneous receipts.
"(1) PARTICIPANTS IN THE PLAN WHO ARE MISSING. —
"(1) AUTHORITY TO PRESUME DEATH OF MISSING
PARTICIPANT. —
"(A) IN GENERAL.—Upon application of the beneficiary
of a participant in the Plan who is missing, the Secretary
concerned may determine for purposes of this subchapter
that the participant is presumed dead.
" (B) PARTICIPANT WHO IS MISSING. —^A participant in
the Plan is considered to be missing for purposes of this
subsection if—
"(i) the retired pay of the participant has been
suspended on the basis that the participant is missing;
or
"(ii) in the case of a participant in the Plan who
would be eligible for reserve-component retired pay
but for the fact that he is under 60 years of age,
his retired pay, if he were entitled to retired pay,
would be suspended on the basis that he is missing.
" (C) REQUIREMENTS APPLICABLE TO PRESUMPTION OF
DEATH. — Any such determination shall be made in accordance with regulations prescribed under section 1455 of
this title. The Secretary concerned may not make a determination for purposes of this subchapter that a participant
who is missing is presumed dead unless the Secretary
finds that—
"(i) the participant has been missing for at least
30 days; and
"(ii) the circumstances under which the participant
is missing would lead a reasonably prudent person
to conclude that the participant is dead.
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