Page:United States Statutes at Large Volume 82.djvu/796

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[82 STAT. 754]
[82 STAT. 754]
PUBLIC LAW 90-000—MMMM. DD, 1968

754 Ante, p. 752.

Restriction. 75 Stat. 811. 70A Stat. 102; 80 Stat. 902. 80 Stat. 557.

Ante, p. 751. Ante, p. 752.

70A Stat. 10810 USC 14311446.

Ante, p. 753.

Effective dates.

PUBLIC LAW 90-485-AUG. 13, 1968

[82 STAT.

birthday) as defined in section 1435(2)(B) of this title who is at least eighteen years of age and pursuing a full-time course of study or training at a recognized educational institution, accrues— " (1) as of the first day of the month in which the member upon whose pay the annuity is based dies, if the eligible child's eighteenth birthday occurs in the same or a preceding month. "(2) as of the first day of the month in which the eighteenth birthday of an eligible child occurs, if the member upon whose pay the annuity is based died in a preceding month. "(3) as of the first day of the month in which a child first becomes or again becomes eligible, if that eligible child's eighteenth birthday and the death of the member upon whose pay the annuity is based both occurred in a preceding month or months. However, no such annuity is payable or accrues for any month prior to the effective date of this subsection." (8) Section 1446(a)(2) is amended by striking out "18" and inserting in lieu thereof "19". SEC. 2. Chapter 67 of title 10, United States Code, is amended by adding to section 1331 the following new subsection: "(e) Notwithstanding section 8301 of title 5, United States Code, the date of entitlement to retired pay under this section shall be the date on which the requirements of subsection (a) have been completed." SEC. 3. For members to whom section 1431 of title 10, United States Code, applies on the date of enactment of this Act, the provisions of section 1434(c) of that title, as amended by this Act, are effective immediately and automatically. SEC. 4. A retired member who elected an annuity under chapter 73 of title 10, United States Code, before the date of enactment of this Act, but did not make the election that was then provided by section 1434 (c) of that title, may, before the first day of the thirteenth calendar month beginning after the date of enactment of this Act, make that election. That election becomes effective on the first day of the month following the month in which the election is made. Under regulations prescribed under section 1444(a) of this title, on or before the effective date the retired member must pay the total additional amount that would otherwise have been deducted from his retired or retainer pay to reflect such an election, had it been effective when he retired, plus the interest which would have accrued on that additional amount up to the effective date, except that if an undue hardship or financial burden would otherwise result payment may be made in from two to twelve monthly installments when the monthly amounts involved are $25, or less, or in from two to thirty-Six monthly installments when the monthly amounts involved exceed $25. No amounts by which a member's retired or retainer pay was reduced may be refunded to, or credited on behalf of, the retired member by virtue of an application made by him under this section, A retired member described in the first sentence of this section, who does not make the election provided under this section, will not be allowed under section 1436(b) of title 10, to reduce an annuity or withdraw from participation in an animity program under that title. SEC. 5. Notwithstanding any other provision of this Act, elections in effect on the date of enactment will remain under the cost tables applicable on the date of retirement, and the annuities provided thereunder shall be payable to those eligible beneficiaries prescribed under the law in effect on the day prior to the date of enactment of this Act. SEC. 6. Clause (1) and clause (6) of section 1, and sections 2,3, and 4 of this Act are effective on the date of enactment. Remaining provisions of this Act are effective on the first day of the third calendar