Page:United States Statutes at Large Volume 82.djvu/793

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[82 STAT. 751]
[82 STAT. 751]
PUBLIC LAW 90-000—MMMM. DD, 1968

82 STAT.]

PUBLIC LAW 90-485-AUG. 13, 1968

751

Public Law 90-485 AN ACT To amend chapter 73 of title 10, United States Code, relating to the retired serviceman's family protection plan, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That chapter 73 of title 10, United States C<>de is amended*as follows: (1) Section 1431(b) is amended to read as follows: " (b) To provide an annuity under section 1434 of this title, a person covered by subsection (a) may elect to receive a reduced amount of the retired pay or retainer pay to which he may become entitled as a result of service in his armed force. Except as otherwise provided in this section^ unless it is made before he completes nineteen years of service for which he is entitled to credit in the computation of his basic pay, the election must be made at least two years before the first day for which retired pay or retainer pay is granted. However, if, because of military operations, a member is assigned to an isolated station or is missing, interned in a neutral country, captured by a hostile force, or beleaguered or besieged, and for that reason is unable to make an election before completing nineteen years of that service, he may make the election, to become effective immediately, within one year after he ceases to be assigned to that station or returns to the jurisdiction of his armed force, as the case may be. A member to whom retired pay or retainer pay is granted retroactively, and who is otherwise eligible to make an election, may make the election within ninety days after receiving notice that such pay has been granted to him. An election made after the date of enactment of this amendment is not effective if— "(1) the elector dies during the first thirty-day period he is entitled to retired pay as a result of a physical condition which led to his being granted retired pay under chapter 61 of title 10 with a disability of 100 per centum under the standard schedule of rating disabilities in use by the Veterans' Administration at the time of the determination of the per centum of his disability; "(2) the disability was not the result of injury or disease received in line of duty as a direct result of armed conflict; and "(3) his widow or children are entitled to dependency and indemnity compensation under chapter 13 of title 38 based upon his death." (2) Section 1431(c) is amended to read as follows: "(c) An election may be changed or revoked by the elector before the first day for which retired or retainer pay is granted. Unless it is made on the basis of restored mental competency under section 1433 of this title, or unless it is made before the elector completes nineteen years of service for which he is entitled to credit in the computation of his basic pay (in which case only the latest change or revocation shall be effective), the change or revocation is not effective if it is made less than two years before the first day for which retired or retainer pay is granted. The elector may, however, before the first day for which retired or retainer pay is granted, change or revoke his election (provided the change does not increase the amount of the annuity elected) to reflect a change in the marital or dependency status of the member or his family that is caused by death, divorce, annulment, remarriage, or acc[uisition of a child, if such change or revocation of election is made within two years of such change in marital or dependency status." (3) The text of section 1434 is amended to read as follows: " (a) The annuity that a person is entitled to elect under section 1431 or 1432 of this title shall, in conformance with actuarial tables selected

August 13, 1968 [ H. R. 12323]

Armed Forces. Retired members, family protection plan. 75 Stat. 810. Infra.

70A Stat. 9 1. 10 USC 12011221-

72 Stat. 1126. 38 USC 401-423.

70A Stat. 109.

Maximum and minimum amounts; beneficiaries. 70A Stat. 109; 75 Stat. 8 1 1.