Page:United States Statutes at Large Volume 111 Part 2.djvu/721

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PUBLIC LAW 105-85—NOV. 18, 1997 111 STAT. 1801 (3) Whenever after the date of the enactment of this Act 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 amount of the monthly annuity payable before any reduction under this section. (c) APPLICATION REQUIRED. — NO benefit shall be paid to any person under this section unless an application for such benefit is filed with the Secretary concerned by or on behalf of such person. (d) DEFINITIONS.— For purposes of this section: (1) The terms "uniformed services" and "Secretary concerned" have the meanings given such 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) of section 1447 of title 10, United States Code. (e) PROSPECTIVE APPLICABILITY. —(1) Annuities under this section shall be paid for months beginning after the month in which this Act is enacted. (2) No benefit shall accrue to any person by reason of the enactment of this section for any period before the first month that begins after the month in which this Act is enacted. (f) EXPIRATION OF AUTHORITY.— The authority to pay annuities under this section shall expire on September 30, 2001. SEC. 645. ADMINISTRATION OF BENEFITS FOR SO-CALLED MINIMUM INCOME WIDOWS. (a) PAYMENTS TO BE MADE BY SECRETARY OF VETERANS AFFAIRS.— Section 653(d) of the National Defense Authorization Act, Fiscal Year 1989 (10 U.S.C. 1448 note) is amended— (1) by inserting "(1)" before "An annuity" the first place it appears; and (2) by adding at the end the following new paragraph: "(2) Payment of annuities under this section shall be made by the Secretary of Veterans Affairs. In making such payments, the Secretary shall combine the payment under this section with the payment of any amount due the same person under section 4 of Public Law 92-425 (10 U.S.C. 1448 note), as provided in subsection (e)(1) of that section. The Secretary concerned shall transfer amounts for payments under this section to the Secretary of Veterans Affairs in the same manner as is provided under subsection (e)(2) of section 4 of Public Law 92-425 for payments under that section.". (b) COMBINATION WITH OTHER BENEFITS. —Section 4(e)(1) of Public Law 92-425 (10 U.S.C. 1448 note) is amended— (1) by inserting after the first sentence the following new sentence: "In making such payments, the Secretary shall combine with the payment under this section payment of any amount due the same person under section 653(d) of the National Defense Authorization Act, Fiscal Year 1989 (10 U.S.C. 1448 note)."; and (2) by inserting "(and, if applicable, under section 653(d) of the National Defense Authorization Act, Fiscal Year 1989)" after "under this section". (c) EFFECTIVE DATE. —The amendments made by this section Applicability. take effect on the first day of the first month beginning after 10 USC 1448 the date of the enactment of this Act and shall apply with respect ' ^°*®-