Page:United States Statutes at Large Volume 110 Part 3.djvu/835

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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.