Page:United States Statutes at Large Volume 106 Part 3.djvu/631

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PUBLIC LAW 102-484—OCT. 23, 1992 106 STAT. 2425 "(2) The amount of the retired pay as recomputed under another provision of this section and as increased under paragraph (1) may not exceed the amount equal to 75 percent oi the monthly rate of basic pay upon which the recomputation of such retired pay is based. "(3) The determination of the Secretary concerned as to extraordinary heroism is conclusive for all purposes.". (b) MEMBERS INITIALLY ENTERING SERVICE AFTER SEPTEMBER 7, 1980.— Section 1402a of such title is amended by adding at lo use I402a. the end the following new subsection:

    • (f) ADDITIONAL 10 PERCENT FOR CERTAIN ENLISTED MEMBERS

CREDITED WITH EXTRAORDINARY HEROISM. —<1) In the case of a member who is entitled to recompute retired pay under this section upon release from active duty served after retiring under section 3914 or 8914 of this title, the member's retired pay as recomputed under another provision of this section shall be increased by 10 percent of the amount so recomputed if the member has been credited by the Secretary concerned with extraordinary heroism in the line of duty during any period of active duty service in the armed forces. "(2) The amount of the retired pay as recomputed under another provision of this section and as increased under paragraph (1) may not exceed the amount equal to 75 percent of the retired Eay base upon which the recomputation of such retired pay is ased. "(3) The determination of the Secretary concerned as to extraordinary heroism is conclusive for all purposes.". (c) PROSPECTIVE APPLICABILITY. —NO benefits shall accrue for iousci402 months beginning before the date of the enactment of this Act "°^' by reason of the amendments made by this section. SEC. 643. MODIFICATION TO SURVIVOR BENEFIT PLAN OPEN ENROLL- MENT PERIOD. Section 1405(g) of the Military Survivor Benefits Improvement Act of 1989 (10 U.S.C. 1448 note) is amended— (1) by inserting "(1)** before "If a person"; and (2) by adding at the end the following: "(2) Paragraph (1) does not apply in the case of the death of a person making an election under subsection (a) if the beneficiary of that person under the election is the person's spouse and that spouse was entitled, before November 1, 1990, to receive dependency and indenmity compensation benefits from the Department of Veterans Affairs based on a previous marriage to another member or former member of the uniformed services.". Subtitle E—Other Matters SEC. 651. PROVISION OF TEMPORARY FOSTER CARE SERVICES OUT- SIDE THE UNITED STATES FOR CHILDREN OF MEMBERS OF THE ARMED FORCES. (a) OVERSEAS FOSTER CARE.— Chapter 53 of title 10, United States Code, is amended by inserting after section 1045 the following new section:

    • § 1046. Overseas temporary foster care program

"(a) PROGRAM AUTHORIZED.— The Secretary concerned may establish a program to provide temporary foster care services out-