PUBLIC LAW 87-38 1 - O C T. 4, 1961
SEC. 3. Section 1434 of title 10, United States O d e is amended— (1) by amending subsection (b) to read as follows: " (b) A person may elect to provide both the annuity provided in clause (1) of subsection (a) and that provided in clause (2) of subsection (a), but he may elect only 25 or 121/^ percent of his reduced retired or retainer pay for each annuity. The reduction in his retired or retainer pay on account of each annuity, and the amount of each annuity, shall be determined in the same manner that it would be determined if the other annuity had not been elected."; and (2) by adding the following new subsection at the end thereof: " (d) Under regulations prescribed under section 1444(a) of this title, a person may, before or after the first day for which retired or retainer pay is granted, provide for allocating, during the period of the surviving spouse's eligibility, a part of the annuity under subsection (a)(3) for payment to those of his surviving children who are not children of that spouse," SEC. 4. Section 1436 of title 10, United States Code, is amended— (1) by adding the following at the end of the catchline: "; withdrawal for severe jSnancial h a r d s h i p "; (2) by inserting the designation " (a) " before the words "The reduction" at the beginning; and (3) by adding the following new subsection at the end thereof: "(b) Under regulations prescribed under section 1444(a) of this title, the Secretary concerned may, whenever he considers it necessary because of the member's severe financial hardship, allow him to withdraw from participation in an annuity program under this chapter, when requiring the member to continue to participate in the program would violate equity and good conscience. The absence of an eligible beneficiary shall not of itself be a basis for such action. However, no amounts by which retired or retainer pay is reduced may be refunded to him under this subsection." SEC. 5. Section 1444(b) of title 10, United States Code, is amended by adding the following new sentence at the end thereof: " I n addition to a report on the administration of this chapter, the report shall also contain a detailed account, including an actuarial analysis, of those cases in which relief is granted under sections 1436(b) and 1552 of this title, or any other statutory or administrative procedure." SEC. 6. Chapter 73 of title 10, United States Code, is amended— (1) by adding the following new sections at the end thereof: "§ 1445. Correction of administrative deficiencies "Whenever he considers it necessary, the Secretary concerned may, under regulations prescribed under section 1444(a) of this title, correct any election, or any change or revocation of an election, under this chapter when he considers it necessary to correct an administrative error. Except when procured by fraud, a correction under this section is final and conclusive on all officers of the United States.
- '§ 1446. Restriction on participation
" (a) Notwithstanding section 1441 of this title, if a perscm— " (1) has made an election under this chapter; and "(2) is retired for physical disability before he completes 18 years of service for which he is entitled to credit in the computation of his basic pay; and thereafter dies, his beneficiaries are not entitled to the annuities provided under this chapter until they give proof to the department concerned that they are not eligible for benefits under chapter 11 or 13 of title 38. If the beneficiaries are not eligible for benefits under chapter 11 or 13 of title 38, the annuity shall begin on the first day of the month in which the death occurs.
811 'OA Stat. 109.
7OA Stat. 111.
7OA Stat. 110.
ar^i^naV'sis*"" °^^^ ana ys s. 10 USC 1552.
10 USC 1441.