Chapter 73, Subchapter II, Section 1450, Subsection (m) · 10 U.S.C. Chapter 73 — ANNUITIES BASED ON RETIRED OR RETAINER PAY

Contents

(m)

(1)The Secretary concerned shall pay a monthly special survivor indemnity allowance under this subsection to the surviving spouse or former spouse of a member of the uniformed services to whom section 1448 of this title applies if—

(A)the surviving spouse or former spouse is entitled to dependency and indemnity compensation under section 1311(a) of title 38;

(B)except for subsection (c) of this section, the surviving spouse or former spouse is eligible for an annuity by reason of a participant in the Plan under subsection (a)(1) of section 1448 of this title or by reason of coverage under subsection (d) or (f) of such section; and

(C)the eligibility of the surviving spouse or former spouse for an annuity as described in subparagraph (B) is affected by subsection (c) of this section.

(2)Subject to paragraph (3), the amount of the allowance paid to an eligible survivor under paragraph (1) for a month shall be equal to—

(A)for months during fiscal year 2009, $50;

(B)for months during fiscal year 2010, $60;

(C)for months during fiscal year 2011, $70;

(D)for months during fiscal year 2012, $80;

(E)for months during fiscal year 2013, $90;

(F)for months during fiscal year 2014, $150;

(G)for months during fiscal year 2015, $200;

(H)for months during fiscal year 2016, $275;

(I)for months from October 2016 through November 2018, $310; and

(J)for months after November 2018, the amount determined in accordance with paragraph (6).

(3)The amount of the allowance paid to an eligible survivor under paragraph (1) for any month may not exceed the amount of the annuity for that month that is subject to offset under subsection (c).

(4)An allowance paid under this subsection does not constitute an annuity, and amounts so paid are not subject to adjustment under any other provision of law.

(5)The special survivor indemnity allowance shall be paid from amounts in the Department of Defense Military Retirement Fund established under section 1461 of this title.

(6)

(A)Whenever retired pay is increased for a month under section 1401a of this title (or any other provision of law), the amount of the allowance payable under paragraph (1) for that month shall also be increased.

(B)With respect to an eligible survivor of a member of the uniformed services, the increase for a month shall be—

(i)the amount payable pursuant to paragraph (2) for months during the preceding 12-month period; plus

(ii)an amount equal to a percentage of the amount determined pursuant to clause (i), which percentage is the percentage by which the retired pay of the member would have increased for the month, as described in subparagraph (A), if the member was alive (and otherwise entitled to such pay).

(C)The monthly amount of an allowance payable under this subsection, if not a multiple of $1, shall be rounded to the next lower multiple of $1.

(D)Whenever an increase in the amount of the allowance payable under paragraph (1) is made pursuant to this paragraph, the Secretary of Defense shall publish the amount of the allowance so payable by reason of such increase, including the months for which payable.

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