Uniformed Services Survivors Benefits Amendments
PL 95-397 (H.R.3702), enacted 09/30/1978

PUBLIC LAW 95-397—SEPT. 30, 1978 
92 STAT. 843 
Public Law 95-397 
95th Congress 
An Act 
To amend title 10, United States Code, to make certain changes in tlie Retired 
Serviceman's Family Protection Plan and the Survivor Benefit Plan as author-
ized by chapter 73 of that title, and for other purposes. 
Be it enacted hy the Senate and House of Representatwes of the 
United States of America in Congress assembled, That this Act may 
be cited as the "Uniformed Services Survivors' Benefits Amendments 
of 1978". 
TITLE I—ANNUITIES UNDER RETIRED SERVICEMAN'S 
FAMILY PROTECTION PLAN 
SEC. 101. (a) Section 1434 of title 10, United States Code, is 
amended— 
(1) by striking out "or remarries" in subsection (a) (1) and 
inserting in lieu thereof "or, if the spouse remarries before age 
60, when the spouse remarries"; 
(2) by striking out "or remarriage of that spouse" in subsection 
(a) (3) and inserting in lieu thereof "of that spouse or the remar-
riage of that spouse before age 60"; and 
(3) by adding at the end thereof the following new subsection: 
"(e) Whenever there is an increase in retired and retainer pay 
under section 1401a of this title, each annuity that is payable under 
this subchapter on the day before the effective date of that increase 
to a spouse or child of a member who died on or before March 20,1974, 
shall be increased by the same percentage as the percentage of that 
increase, effective on the effective date of that increase.". 
(b) No benefits shall accrue to any person by virtue of the amend-
ments made by subsection (a) for any period prior to the first day 
of the first calendar month following the month in which this Act is 
enacted or October 1,1978, whichever is later. 
SEC. 102. Each annuity that is payable under subchapter I of chap-
ter 73 of title 10, United States Code, on the day before the date of 
the enactment of this Act to a spouse or child of a member of the 
uniformed services who died on or before March 20, 1974, shall be 
increased effective as of the first day of the first calendar month follow-
ing the month in which this Act is enacted, or as of October 1, 1978, 
whichever is later, by the percentage increase in retired and retainer 
pay under section 1401a of that title since September 21, 1972. 
TITLE II—ANNUITIES UNDER SURVIVOR BENEFIT 
PLAN 
DEFINITION OF BASE AMOUNT 
SEC. 201. Section 1447(2) of title 10, United States Code, is 
amended to read as follows: 
" (2) 'Base amount' means— 
"(A) in the case of a person who dies after becoming entitled 
to retired or retainer pay, the amount of monthly retired or 
retainer pay to which the person— 
Sept. 30, 1978 
[H.R. 3702] 
Uniformed 
Services 
Survivors' 
Benefits 
Amendments of 
1978. 
10 u s e 1431 
note. 
Retired and 
retainer pay, 
increase. 
10 u s e 1401a. 
10 u s e 1434 
note. 
10 u s e 1434 
note. 
10 u s e 1431 et 
seq. 
-pt. 1 
57 : QL3 
92 STAT. 844 
PUBLIC LAW 95-397—SEPT. 30, 1978 
"(i) was entitled when he became eligible for that pay; or 
" (ii) later became entitled by being advanced on the retired 
list, performing active duty, or being transferred from the 
temporary disability retired list to the permanent disability 
retired list; 
"(B) in the case of a person who would have become eligible 
10 use 1331 et 
for retired pay under chapter 67 of this title but for the fact 
^^9- 
that he died before becoming 60 years of age, the amount of 
monthly retired pay for which the person would have been 
eligible— 
" (i) if he had been 60 years of age on the date of his death, 
for purposes of an annuity to become effective on the day 
after his death in accordance with a designation made under 
Infra. 
' 
Section 1448(e) of this title; or 
, 
"(ii) upon becoming 60 years of age (if he had lived to that 
age), for purposes of an annuity to become effective on the 
60th anniversary of his birth in accordance with a designation 
made under section 1448 (e) of this title; or 
"(C) any amount which is less than the amount otherwise 
applicable under clause (A) or (B) with respect to an annuity 
provided under the Plan and which is designated by the person 
providing the annuity on or before (i) the first day for which 
he becomes eligible for retired or retainer pay^ in the case of a 
person providing an annuity by virtue of eligibility under sec-
InfTa. 
tion 1448(a) (1) (A) of this title, or (ii) the end of the 90-day 
period beginning on the date on which he receives the notifica-
Post, p. 847. 
tion required by section 1331(d) of this title that he has com-
pleted the years of service required for eligibility for retired pay 
under chapter 67 of this title, in the case of a person providing an 
annuity by virtue of eligibility under section 1448(a)(1)(B) 
of this title, but not less than $300; 
as increased from time to time under section 1401a of this title.". 
APPLICATION OF SURVIVOR BENEFIT PLAN 
SEC. 202. (a) Subsection (a) of section 1448 of title 10, United 
States Code, is amended to read as follows: 
"(a)(1) The program established by this subchapter shall be known 
as the Survivor Benefit Plan. The following persons are eligible to 
participate in the Plan: 
"(A) Persons entitled to retired or retainer pay. 
"(B) Persons who would be eligible for retired pay under 
10 use 1331 et 
chapter 67 of this title but for the fact that they are under 60 
*«9- 
years of age. 
"(2) The Plan applies— 
" (A) to a person who is eligible to participate in the Plan under 
paragraph (1) (A) and who is married or has a dependent child 
when he becomes entitled to retired or retainer pay, unless he 
elects not to participate in the Plan before the first day for which 
he is eligible for that pay; and 
"(B) to a person who (i) is eligible to participate in the Plan 
under paragraph (1) (B), (ii) is married or has a dependent child 
when he is notified under section 1331(d) of this title that he has 
completed the years of service required for eliffibility for retired 
pay under chapter 67 of this title, and (iii) elects to participate 
PUBLIC LAW 95-397—SEPT. 30, 1978 
92 STAT. 845 
in the Plan (and makes a designation under subsection (e)) before 
the end of the 90-day period beginning on the date he receives 
such notification. 
A person described in subclauses (i) and (ii) of clause (B) who does 
not elect to participate in the Plan before the end of the 90-day period 
referred to in such clause shall remain eligible, upon reaching 60 years 
of age and otherwise becoming entitled to retired pay, to participate 
in the Plan in accordance with eligibility under paragraph (1) (A). 
"(o)(A) If a person who is eligible under paragraph (1) (A) to 
participate in the Plan and who is married elects not to participate in 
the Plan at the maximum level, or elects to provide an annuity for a 
dependent child but not for his spouse, that person's spouse shall be 
notified of that election. 
"(B) If a person who is eligible under paragraph (1) (B) to par-
ticipate in the Plan and who is married does not elect to participate 
in the Plan at the maximum level, or elects to provide an annuity for 
a dependent child but not for his spouse, that person's spouse shall be 
notified of that action. 
"(4) (A) An election under paragraph (2) (A) not to participate in 
the Plan is irrevocable if not revoked before the date on which the 
person first becomes entitled to retired or retainer pay. 
"(B) An election under paragraph (2) (B) to participate in the 
Plan is irrevocable if not revoked before the end of the 90-day period 
* 
referred to in such paragraph. 
"(5) A person who is not married when he becomes eligible to par-
ticipate in the Plan but who later marries or acquires a dependent 
child may elect to participate in the Plan, but his election must be 
written, signed by him, and received by the Secretary concerned 
within one year after he marries or acquires that dependent child. 
Such an election may not be revoked. His election is effective as of the 
first day of the first calendar month following the month in which his 
election is received by the Secretary concerned. In the case of a person 
providing an annuity by virtue of eligibility under paragraph (1) (B), 
such an election shall include a designation under subsection (e).". 
Infra. 
(b) Subsection (b) of such section is amended— 
(1) by striking out "entitled to retired or retainer pay" and 
inserting in lieu thereof "eligible to participate in the Plan"; and 
(2) by adding at the end thereof the following new sentence: 
"In the case of a person providing an annuity under this sub-
section by virtue of eligibility under subsection (a)(1)(B), such 
an election shall include a designation under subsection (e).". 
(c) Such section is further amended by adding at the end thereof 
the following new subsection: 
> 
"(e) In any case in which a person electing to participate in the 
Plan is required to make a designation under this subsection, the 
; 
person making such election shall designate whether, in the event he 
dies before becoming 60 years of age, the annuity provided shall 
become effective on the day after the date of his death or on the 60th 
anniversary of his birth.". 
PAYMENT OF ANNUITY 
SEC. 203. Section 1450 of title 10, United States Code, is amended— 
(1) by inserting "(or on such other day as he may provide 
under subsection (]'))" in subsection (a) after "of this title 
applies" the first place it appears therein; and 
92 STAT. 846 
PUBLIC LAW 95-397—SEPT. 30, 1978 
(2) by adding at the end thereof the following new subsections: 
"(j) An annuity elected by any person providing an annuity by 
Ante, p. 844. 
virtue of eligibility under section 1448(a) (1) (B) of this title shall 
be effective in accordance with the designation made by such person 
Ante, p. 844. 
under section 1448 (e) of this title. 
"(k) If a widow or widower whose annuity has been adjusted under 
subsection (c) subsequently loses entitlement to compensation under 
section 411(a) of title 38 oecause of the remarriage of such widow 
or widower, and if at the time of such remarriage such widow or 
widower is 60 years of age or more, the amount of the annuity of such 
widow or widower shall be readjusted, effective on the effective date of 
such loss of compensation, to the amount of the annuity which would 
be in effect with respect to such widow or widower if the adjustment 
under subsection (c) had never been made, but such readjustment 
may not be made until the widow or widower repays any amount 
refunded under subsection (e) by reason of the adjustment under sub-
section (c).". 
AMOUNT OF ANNUITY 
SEC. 204. (a) The first sentence of subsection (a) of section 1451 
of title 10, United States Code, is amended to read as follows: "The 
monthly annuity payable to a widow, widower, or dependent child 
Ante, p. 845. 
who is entitled under section 1450(a) of this title to an annuity shall 
be— 
"(1) 55 percent of the base amount, if the annuity is provided 
Ante, p. 844. 
by virtue of eligibility under section 1448(a) (1) (A) of this title, 
or 
"(2) a lesser percentage (determined by the Secretary of 
Defense in accordance with subsection (d)) of the base amount, 
if the annuity is provided by virtue of eligibility under section 
1448 (a) (1) (B) of this title.". 
(b) The last sentence of subsection (a) of such section is amended 
to read as follows: "For the purpose of the preceding sentence, a 
widow or widower shall not be considered as entitled to a benefit 
42 use 401. 
under subchapter II of chapter 7 of title 42 to the extent that such 
benefit has been offset by deductions under section 403 of title 42 on 
account of work.". 
(c) Subsection (b) of such section is amended to read as follows: 
"(b) The monthly annuity payable under section 1450(a)(4) of 
this title shall be— 
"(1) 55 percent of the retired or retainer pay of the person 
who elected to provide that annuity after the reduction in such 
Post, p. 847. 
pay in accordance with section 1452(c) of this title, if the annuity 
is provided by virtue of eligibility under section 1448(a) (1) (A) 
Ante, p. 844. 
of this title; or 
"(2) a lesser percentage (determined by the Secretary of 
Defense in accordance with subsection (d)) of the retired pay 
of the person who elected to provide that annuity after the reduc-
tion in such pay in accordance with section 1452(c) of this title, 
if the annuity is provided by virtue of eligibility under section 
1448(a)(1)(B) of this title. 
A person who provides an annuity which is determined in accordance 
with clause (2) and who dies before becoming 60 years of age and 
is otherwise entitled to retired pay shall be considered to have been 
entitled to retired pay, for the purpose of such clause, at the time of 
PUBLIC LAW 95-397—SEPT. 30, 1978 
92 STAT. 847 
his death, and the retired pay of such person for the purpose of such 
clause shall be computed on the basis of the rates of basic pay in effect 
on the date on which the annuity is to become effective in accordance 
with the designation of such person under section 1448(e) of this 
title.". 
Ante, p. 844. 
(d) Such section is further amended by adding at the end thereof 
the following new subsection: 
"(d) The percentage to be applied by the Secretary of Defense in 
determining the amount of an annuity under subsection (a) (2) or 
(b) (2) shall be 55 percent reduced by such amount as the Secretary 
shall by regulation prescribe, taking into consideration the age of the 
person electing to provide the annuity at the time of such election, the 
difference in age between such person and the beneficiary of the 
annuity, whether such person provided for the annuity to become 
effective (in the event he died before becoming 60 years of age) on 
the day after his death or on the 60th anniversary of his birth, appro-
priate group annuity tables, and such other factors as the Secretary 
considers relevant.". 
KEDUCTION IN RETIRED PAY 
SEC. 205. (a) The first sentence of subsection (a) of section 1462 
of title 10, United States Code, is amended by striking out "shall be 
., 
reduced each month" and all that follows in such sentence and insert-
ing in lieu thereof "shall be reduced each month— 
"(1) by an amount equal to 2i/^ percent of the first $300 of the 
base amount plus 10 percent of the remainder of the base amount, 
if the person is providing an annuity by virtue of eligibility 
under section 1448 (a) (1) (A) of this title; or 
Aiue, p. 844. 
" (2) by an amount prescribed under regulations of the Secre-
tary of Defense, if the person is providing an annuity by virtue 
of eligibility under section 1448 (a)(1)(B).". 
(b) Subsection (c) of such section is amended to read as follows: 
"(c) The retired or retainer pay of a person who has elected to 
provide an annuity to a person designated by him under section 
1450(a) (4) of this title shall be reduced— 
"(^1) in the case of a person providing the annuity by virtue of 
eligibility under section 1448(a) (1) (A) of this title, by 10 per-
cent plus 5 percent for each full five years the individual des-
ignated is younger than that person; or 
"(2) in the case of a person providing the annuity by virtue of 
eligibility under section 1448(a) (1) (13) of this title, bv an 
amount prescribed under regulations of the Secretary of Defense. 
However, the total reduction under clause (1) may not exceed 40 
percent. The reduction in retired or retainer pay prescribed by this 
section shall continue during the lifetime of the person designated 
I 
under section 1450(a)(4) of this title or until the person receiving 
retired or retainer pay changes his election under section 1450(f) of 
this title.". 
NOTiriCATIOlSr 
SEC. 206. Section 1331 (d) of title 10, United States Code, is amended 
by adding at the end thereof the following new sentence: "Such notice 
shall include notification of the elections available to such person under 
the Survivor Benefit Plan established under subchapter II of chapter 
73 of this title and the effects of such elections.". 
10 USC 1447. 
92 STAT. 848 
PUBLIC LAW 95-397—SEPT. 30, 1978 
TECHNICAL AND CONFORMING AMENDMENTS 
SEC. 207. (a) The first sentence of section 1449 of title 10, United 
States Code, is amended by striking out "the first sentence of sub-
section (a), or subsection (b)," and inserting in lieu thereof "sub-
section (a)(2) or (b)". 
(b) Section 1450(d) of such title is amended by striking out "sec-
tion 8339 (i)" and inserting in lieu thereof "section 8339 (j)". 
(c) Section 1450(f) of such title is amended by striking out "the 
last three sentences of section 1448(a)" and inserting in lieu thereof 
"section 1448(a)(5)". 
TRANSITION 
10 use 1447 
SEC. 208. With respect to any individual who— 
°ot«- 
(1) would be eligible for retired pay under chapter 67 of title 
10 use 1331 et 
10, United States Code, on the effective date of this title but for 
seq- 
the fact that such individual is under 60 years of age; or 
(2) receives, before the end of the nine-month period beginning 
on the effective date of this title, a notification that such individ-
ual has completed the years of service required for eligibility 
for such retired pay; 
the 90-day period referred to in section 1447(2) (C) of title 10, United 
Ante, p. 843. 
States Code (as amended by section 201 of this Act), and in sections 
Ante, p. 844. 
1448(a) (2) and 1448(a) (4) (B) of title 10, United States Code (as 
amended by section 202(a) of this Act), shall be considered to end 
at the end of the one-year period beginning on the effective date of this 
title. 
MINIMUM I N C O M E FOR CERTAIN SURVIVORS 
SEC. 209. Section 4 of the Act entitled "An Act to amend chapter 73 
10 use 1431 et 
of title 10, United States Code, to establish a Survivor Benefit Plan, 
««?• 
and for other purposes", approved September 21, 1972 (10 U.S.C. 
1448 note), is amended— 
(1) by striking out "$2,100" in subsections (a)(3) and (b) 
and inserting in lieu thereof "$2,340"; and 
(2) by redesignating subsection (c) as subsection (d) and 
inserting after subsection (b) the following new subsection (c) : 
"(c) The amounts specified in subsections (a)(3) and (b) shall 
be increased by the Secretary concerned whenever there is an increase 
in the limitation on annual income for purposes of eligibility for bene-
fits under section 541(b) of title 38, United States Code. Any such 
increase under the preceding sentence shall be in the same amount, and 
shall have the same effective date, as such increase in limitation on 
annual income.". 
EFFECTIVE DATES 
10 use 1447 
SEC. 210. (a) Except as provided in subsection (b), the provisions 
note. 
of this title and the amendments made by this title shall take effect 
on October 1,1978, or on the date of the enactment of this Act, which-
ever is later, and shall apply to annuities payable by virtue of such 
amendments for months beginning on or after such date. 
(b) The amendment made b^ section 206 shall apply to notifica-
Ante, p. 847. 
tions under section 1331(d) of title 10, United States Code, after the 
date of the enactment of this Act. 
PUBLIC LAW 95-397—SEPT. 30, 1978 
92 STAT. 84!? 
TITLE III—MEDICAL AND DENTAL CARE 
SEC. 301. Subsection (b) of section 1076 of title 10, United States 
Code, is amended to read as follows: 
"(b) Under regulations to be prescribed jointly by the Secretary Regulations, 
of Defense and the Secretary of Health, Education, and Welfare, a 
dependent of a member or former member— 
"(1) who is, or (if deceased) was at the time of his death, 
entitled to retired or retainer pay or equivalent pay; or 
"(2) who died before attaining age 60 and at the time of his 
death (A) would have been eligible for retired pay under chapter 
67 of this title but for the fact that he was under 60 years of age, 
and (B) had elected to participate in the Survivor feenefit Plan 
established under subchapter II of chapter 73 of this title; 
10 USC 1447. 
may, upon request, be given the medical and dental care prescribed by 
section 1077 of this title in facilities of the uniformed services, subject 
to the availability of space and facilities and the capabilities of the 
medical and dental staff, except that a dependent of a member or 
former member described in clause (2) may not be given such medical 
or dental care until the date on which such member or former member 
would have attained age 60.". 
SEC. 302. The amendment made by section 301 shall become effective Effective date, 
on October 1, 1978, or on the date of the enactment of this Act, 10 USC 1076 
whichever is later. 
note-
Approved September 30, 1978. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 95-72 (Coram, on Armed Services). 
SENATE REPORT No. 95-1138 (Coram, on Arraed Services). 
CONGRESSIONAL RECORD: 
Vol. 123 (1977): Sept. 12, considered and passed House. 
Vol. 124 (1978): Aug. 24, considered and passed Senate, araended. 
Sept. 19, House concurred in Senate amendment with an 
amendment. 
Sept. 22, Senate concurred in House amendment.