98 STAT. 2546
PUBLIC LAW 98-525—OCT. 19, 1984
merits made by reason of this subsection shall constitute a debt to the United States which (notwithstanding section 144 of this title) may be collected or offset— "(i) from any retired or retainer pay otherwise payable to the member; "(ii) if the member is entitled to compensation under chapter 38 USC 301 et 11 of title 38, from that compensation; or «^9"(iii) if the member is entitled to any other payment from the United States, from that payment. "(B) If the member dies before the full recovery of the amount of annuity payments described in subparagraph (A) has been made by the United States, the remaining amount of such annuity payments may be collected from the member's beneficiary under this subchapter if that beneficiary was the recipient of the annuity payments made by reason of this subsection.". 10 USC 1440. (2) Section 1440 of such title is amended by striking out "No" and inserting in lieu thereof "Except as provided in section 1437(c)(3) of this title, no". 10 USC 1450. (b) Section 1450 of such title is amended— (1) by striking out "An" in subsection (i) and inserting in lieu thereof "Except as provided in subsection (1), an"; and (2) by adding at the end thereof the following new subsection: "(1)(1) Upon application of the beneficiary of a participant in the plan whose retired or retainer pay has been suspended on the basis that the participant is missing (or of a participant in the plan who 10 USC 1331 et would be eligible for retired pay under chapter 67 of this title but for seq. the fact that he is under 60 years of age and whose retired pay, if he were entitled to retired pay, would be suspended on the basis that he is missing), the Secretary concerned may determine for purposes of this subchapter that the participant is presumed dead. Any such determination shall be made in accordance with regulations prescribed under section 1455 of this title. The Secretary concerned may not make a determination for purposes of this subchapter that a participant is presumed dead unless he finds— "(A) that the participant has been missing for at least 30 days; and "(B) that the circumstances under which the participant is missing would lead a reasonably prudent person to conclude that the participant is dead. "(2) Upon a determination under paragraph (1) with respect to a participant in the Plan, an annuity otherwise payable under the provision of this subchapter shall be paid as if the participant died on the date as of which the retired or retainer pay of the participant was suspended. "(3)(A) If, after a determination under paragraph (1), the Secretary concerned determines that the participant is alive, any annuity being paid under this subchapter by reason of this subsection shall be terminated and the total amount of any annuity payments made by reason of this subsection shall constitute a debt to the United States which (notwithstanding subsection (h)) may be collected or offset— "(i) from any retired or retainer pay otherwise payable to the participant; "(ii) if the participant is entitled to compensation under 38 USC 301 et chapter 11 of title 38, from that compensation; or seq. "(iii) if the participant is entitled to any other payment from the United States, from that payment.
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