Sec. 641. Death of former spouse beneficiaries and subsequent remarriages under Survivor Benefit Plan
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/bill/114/hr/1735/pap/section-641·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 1448(b) of title 10, United States Code, is amended by adding at the end the following new paragraph: A person who elects to provide an annuity to a former spouse under paragraph
(2)or
(3)and whose former spouse subsequently dies is no longer a participant in the Plan, effective on the date of death of the former spouse. If a person’s participation in the Plan is discontinued by reason of the death of a former spouse beneficiary, the person may elect to resume participation in the Plan and to elect a new spouse beneficiary as follows: A person who is married at the time of the death of the former spouse beneficiary may elect to provide coverage to that person’s spouse. Such an election must be received by the Secretary concerned within one year after the date of death of the former spouse beneficiary. A person who is not married at the time of the death of the former spouse beneficiary and who later marries may elect to provide spouse coverage. Such an election must be received by the Secretary concerned within one year after the date on which that person marries. The effective date of election under this paragraph shall be as follows: An election under subparagraph (B)(i) is effective as of the first day of the first calendar month following the death of the former spouse beneficiary. An election under subparagraph (B)(ii) is effective as of the first day of the first calendar month following the month in which the election is received by the Secretary concerned. A person making an election under subparagraph
(B)may not reduce the base amount previously elected. An election under this paragraph shall be in writing, signed by the participant, and made in such form and manner as the Secretary concerned may prescribe. An election under this paragraph is irrevocable. . Paragraph
(7)of section 1448(b) of title 10, United States Code, as added by subsection (a), shall apply with respect to any person whose former spouse beneficiary dies on or after the date of the enactment of this Act. A person— who before the date of the enactment of this Act had a former spouse beneficiary under the Survivor Benefit Plan who died before that date; and who on the date of the enactment of this Act is married, may elect to provide spouse coverage for such spouse under the Plan, regardless of whether the person married such spouse before or after the death of the former spouse beneficiary. Any such election may only be made during the one-year period beginning on the date of the enactment of this Act. If the person providing the annuity was married to the spouse beneficiary for at least one year at the time of the death of the former spouse beneficiary, the effective date of such election shall be the first day of the first month after the death of the former spouse beneficiary. If the person providing the annuity married the spouse beneficiary after (or during the one-year period preceding) the death of the former spouse beneficiary, the effective date of the election shall be the first day of the first month following the first anniversary of the person’s marriage to the spouse beneficiary. A person electing to participate in the Plan under this subsection shall be responsible for payment of all premiums due from the effective date of the election.