112 STAT. 2046 PUBLIC LAW 105-261—OCT. 17, 1998 (3) ELIGIBLE RETIRED OR FORMER MEMBER.— For purposes of paragraphs (1) and (2), an eligible retired or former member is a member or former member of the uniformed services who on the day before the first day of the open enrollment period is not a participant in the Survivor Benefit Plan and— (A) is entitled to retired pay; or (B) would be entitled to retired pay under chapter 1223 of title 10, United States Code (or chapter 67 of such title as in effect before October 5, 1994), but for the fact that such member or former member is under 60 years of age. (4) STATUS UNDER SBP OF PERSONS MAIQNG ELECTIONS.— (A) STANDARD ANNUITY.— A person making an election under paragraph (1) by reason of eligibility under paragraph (3)(A) shall be treated for all purposes as providing a standard annuity under the Survivor Benefit Plan. (B) RESERVE-COMPONENT ANNUITY. — -A person making an election under paragraph (1) by reason of eligibility under paragraph (3)(B) shall be treated for all purposes as providing a reserve-component annuity under the Survivor Benefit Plan. (b) MANNER OF MAKING ELECTIONS. — (1) IN GENERAL.— An election under this section must be made in writing, signed by the person making the election, and received by the Secretary concerned before the end of the open enrollment period. Except as provided in paragraph (2), any such election shall be made subject to the same conditions, and with the same opportunities for designation of beneficiaries and specification of base amount, that apply under the Survivor Benefit Plan or the Supplemental Survivor Benefit Plan, as the case may be. A person making an election under subsection (a) to provide a reserve-component annuity shall make a designation described in section 1448(e) of title 10, United States Code. (2) ELECTION MUST BE VOLUNTARY. — An election under this section is not effective unless the person making the election declares the election to be voluntary. An election to participate in the Survivor Benefit Plan under this section may not be required by any court. An election to participate or not to participate in the Survivor Benefit Plan is not subject to the concurrence of a spouse or former spouse of the person. (c) EFFECTIVE DATE FOR ELECTIONS.— Any such election shall be effective as of the first day of the first calendar month following the month in which the election is received by the Secretary concerned. (d) OPEN ENROLLMENT PERIOD DEFINED. — The open enrollment period is the 1-year period beginning on Msirch 1, 1999. (e) EFFECT OF DEATH OF PERSON MAKING ELECTION WITHIN Two YEARS OF MAKING ELECTION. —I f a person making an election under this section dies before the end of the 2-year period beginning on the effective date of the election, the election is void and the amount of any reduction in retired pay of the person that is attributable to the election shall be paid in a lump sum to the person who would have been the deceased person's beneficiary under the voided election if the deceased person had died after the end of such 2-year period.
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