Sec. 644. PHASED ELIMINATION OF TWO-TIER ANNUITY COMPUTATION FOR SURVIVING SPOUSES UNDER SURVIVOR BENEFIT PLAN
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## SEC. 644 PHASED ELIMINATION OF TWO-TIER ANNUITY COMPUTATION FOR SURVIVING SPOUSES UNDER SURVIVOR BENEFIT PLAN ###
(a)* * * * * * * * * * ###
(c)Recomputation of Annuities **[**[10 U.S.C. 1450 note](/us/usc/t10/s1450)**]** ####
(1)Periodic recomputation required Effective on the first day of each month specified in paragraph (2)— #####
(A)each annuity under section 1450 of title 10, United States Code, that commenced before that month, is computed under a provision of section 1451 of that title amended by subsection (a), and is payable for that month shall be recomputed so as to be equal to the amount that would be in effect if the percent applicable for that month under that provision, as so amended, had been used for the initial computation of the annuity; and #####
(B)each supplemental survivor annuity under section 1457 of such title that commenced before that month and is payable for that month shall be recomputed so as to be equal to the amount that would be in effect if the percent applicable for that month under that section, as amended by this section, had been used for the initial computation of the supplemental survivor annuity. ####
(2)Time for recomputation The requirement under paragraph
(1)for recomputation of certain annuities applies with respect to the following months: #####
(A)October 2005. #####
(B)April 2006. #####
(C)April 2007. #####
(D)April 2008. ####
(3)Savings provision If, as a result of the recomputation of annuities under section 1450 of title 10, United States Code, and supplemental survivor annuities under section 1457 of such title, as required by paragraph (1), the total amount of both annuities to be paid to an annuitant for a month would be less (because of the offset required by section 1450(c) of such title for dependency and indemnity compensation) than the amount that would be paid to the annuitant in the absence of recomputation, the Secretary of Defense shall take such actions as are necessary to adjust the annuity amounts to eliminate the reduction. ###
(d)1 Termination of Retired Pay Reductions for Supplemental Survivor Annuities **[**[10 U.S.C. 1460 note](/us/usc/t10/s1460)**]** ####
(1)Except as provided in paragraph (2), there shall be no reduction in retired pay under section 1460 of title 10, United States Code, for any month beginning after the date of the enactment of this Act. 1Section 1460 of title 10, USC was repealed effective on April 1, 2008. Therefore, the USC citation for subsection
(d)could be relocated to another section in such title. ####
(2)Reductions in retired pay under section 1460 of title 10, United States Code, shall be made for months after September 2005 in the case of coverage under subchapter III of chapter 73 of title 10, United States Code, that is provided (for new coverage or increased coverage) through an election under the open season provided by section 645. The Secretary of Defense shall take such actions as are necessitated by the amendments made by subsection
(b)and the requirements of subsection (c)(1)(B) to ensure that reductions in retired pay under section 1460 of title 10, United States Code, pursuant to the preceding sentence are adjusted to achieve the objectives set forth in subsection
(b)of that section.
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- 10 USC 1460
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Sec. 644
PHASED ELIMINATION OF TWO-TIER ANNUITY COMPUTATION FOR SURVIVING SPOUSES UNDER SURVIVOR BENEFIT PLAN
Cite10 USC 1460
Cites 2Cited by 0 across 0 sources