Page:United States Statutes at Large Volume 112 Part 3.djvu/217

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PUBLIC LAW 105-261—OCT. 17, 1998 112 STAT. 2047 (f) APPLICABILITY OF CERTAIN PROVISIONS OF LAW.—The provisions of sections 1449, 1453, and 1454 of title 10, United States Code, are applicable to a person making an election, and to an election, under this section in the same manner as if the election were made under the Survivor Benefit Plan or the Supplemental Survivor Benefit Plan, as the case may be. (g) PREMIUMS FOR OPEN ENROLLMENT ELECTION. — (1) PREMIUMS TO BE CHARGED. —The Secretary of Defense Regulations, shall prescribe in regulations premiums which a person electing under this section shall be required to pay for participating in the Survivor Benefit Plan pursuant to the election. The total amount of the premiums to be paid by a person under the regulations shall be equal to the sum of— (A) the total amount by which the retired pay of the person would have been reduced before the effective date of the election if the person had elected to participate in the Survivor Benefit Plan (for the same base amount specified in the election) at the first opportunity that was afforded the member to participate under chapter 73 of title 10, United States Code; (B) interest on the amounts by which the retired pay of the person would have been so reduced, computed from the dates on which the retired pay would have been so reduced at such rate or rates and according to such methodology as the Secretary of Defense determines reasonable; and (C) any additional amount that the Secretary determines necessary to protect the actuarigd soundness of the Department of Defense Military Retirement Fund against any increased risk for the fund that is associated with the election. (2) PREMIUMS TO BE CREDITED TO RETIREMENT FUND.— Premiums paid under the regulations shall be credited to the Department of Defense Military Retirement Fund. (h) DEFINITIONS.—In this section: (1) The term "Survivor Benefit Plan" means the program established under subchapter II of chapter 73 of title 10, United States Code. (2) The term "Supplemental Survivor Benefit Plan" means the program established under subchapter III of chapter 73 of title 10, United States Code. (3) The term "retired pay" includes retainer pay paid under section 6330 of title 10, United States Code. (4) The terms "uniformed services" and "Secretary concerned" have the meanings given those terms in section 101 of title 37, United States Code. (5) The term "Department of Defense Military Retirement Fund" means the Department of Defense Military Retirement Fund established under section 1461(a) of title 10, United States Code. SEC. 643. EFFECTIVE DATE OF COURT-REQUIRED FORMER SPOUSE SURVIVOR BENEFIT PLAN COVERAGE EFFECTUATED THROUGH ELECTIONS AND DEEMED ELECTIONS. (a) ELIMINATION OF DISPARITY IN EFFECTIVE DATE PROVI- SIONS. —Section 1448(b)(3) of title 10, United States Code, is amended—