Uniformed Services Survivor Benefits Amendments of 1980
PL 96-402 (S.91), enacted 10/09/1980

PUBLIC LAW 96-402—OCT. 9, 1980 
94 STAT. 1705 
Public Law 96-402 
96th Congress 
An Act 
To amend title 10, United States Code, to remove certain inequities in the Survivor 
Benefit Plan provided for under chapter 73 of such title, and for other 
purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of 
America in Congress assembled, That this Act may be 
cited as the "Uniformed Services Survivor Benefits Amendments of 
1980". 
SEC. 2. Section 1447(2) of title 10, United States Code, relating to 
definitions, is amended— 
(1) in subparagraph (C)— 
(A) by inserting "but which is not less than $300" after 
"under the Plan"; and 
(B) by striking out", but not less than $300;" and inserting 
in lieu thereof a period; and 
(2) by striking out "as increased from time to time under 
section 1401a of 
this title.". 
SEC. 3. (a) Subsection (a) of section 1451 of title 10, United States 
Code, relating to the amount of annuities under the Survivor Benefit 
Plan, is amended to read as follows: 
"(a)(1) The monthly annuity pavable to a widow, widower, or 
dependent child who is entitled under section 1450(a) of this title to 
an annuity shall be— 
"(A) 55 percent of the base amount, as acijusted fi'om time to 
time under section 1401a of this title, if the annuity is provided 
by virtue of eUgibility under section l448(aXlXA) of this title; or 
"(B) a lesser percentg^e (determined by the Secretary of 
Defense in accor«fance with subsection (d)) of 
the base amount, as 
adjusted from time to time under section 1401a of this title on or 
after the date the person becomes entitled to retired pay under 
chapter 67 of this title, if the annuity is provided by virtue of 
eUgibility under section 1448(aXl)(B) of 
this title. 
"(2) In the case of a widow who has one dependent child, the 
monthly annuity shall be reduced by the lesser of (A) an amount 
equal to the amount of the mother's benefit, if any, to which the 
widow would be entitled under title n of the Social Security Act (42 
U.S.C. 401 et seq.) based solely upon service by the person concerned 
as described in section 210(1X1) of such Act (42 U.S.C. 410(1X1)) and 
calculated assuming that the person concerned lived to age 65, or (B) 
an amount equal to 40 percent of the amount of the monthly annuity 
as determined under paragraph (1). 
"(3) When the widow or widower reaches age 62, or there is no 
longer a dependent child, whichever occurs later, the monthly annu-
ity shall be reduced by the lesser of (A) an amount equal to the 
amount of 
the survivor benefit, if any, to which the widow or widower 
would be entitled under title H of the Social Security Act (42 U.S.C. 
401 et seq.) based solely upon service by the person concerned as 
described in section 210aXl) of such Act (42 U.S.C. 410(1X1)) and 
calculated assuming that the person concerned lives to age 65, or (B) 
Oct. 9, 1980 
[S. 91] 
Uniformed 
Services 
Survivor 
Benefits 
Amendments 
of 1980. 
10 use 1447 
note. 
Monthly 
annuity. 
10 use 1450. 
10 use 1401a. 
10 use 1448. 
10 use 1331. 
94 STAT. 1706 
PUBLIC LAW 96-402—OCT. 9, 1980 
Ante, p. 1705. 
26 u s e 6413. 
10 u s e 1448. 
Plan 
participation, 
discontinuance 
request. 
Request 
withdrawal. 
an amount emial to 40 percent of the amount of the monthly annuity 
as determmed under paragraph (1). For the purpose of the preceding 
sentence, a widow or widower shall not be considered as entitled to a 
benefit under title n of the Social Security Act (42 U.S.C. 401 et seq.) 
to the extent that such benefit has been offset by deductions under 
section 203 of 
such Act (42 U.S.C. 403) on account of 
work. 
"(4) In the computation of any reduction made under paragraph (2) 
or (3), there shall be excluded any period of service described in 
section 210aXl) of the Social Security Act (42 U.S.C. 410(1)(1)) which 
was performed after the effective date of the Uniformed Services 
Survivor Benefits Amendments of 1980 and which involved periods o
i
F 
service of less than 30 continuous days for which the person con-
cerned is entitled to receive a refund under section 6413(c) of the 
Internal Revenue Ck)de of 1954 of 
the social security tax which he had 
paid.". 
(b) Subsection (c) of 
such section is amended— 
(1) by striking out "section, or section 1448(d) of this title, on 
the day before the effective day of that increase" in the first 
sentence and inserting in lieu thereof "section or under section 
1448(d) of 
this title"; and 
(2) by striking out "title, or" in the second sentence and 
inserting in lieu thereof "title or under". 
(c) Subsection (d) of such section is amended by striking out "(a)(2)" 
and inserting in lieu thereof "(aXl)(B)". 
SEC. 4. Section 1452 of title 10, United States Code, relating to 
reductions in retired and retainer pay, is amended by adding at the 
end thereof the following new subsections: 
"^)(1) Notwithstanding any other provision of this subchapter but 
subject to paragraphs (2) and (3), any person who has elected to 
participate in the Plan and who is suffering from a service-connected 
disability rated by the Veterans* Administration as totally disabling 
and has suffered from such disability while so rated for a continuous 
period of 10 or more years (or, if so rated for a lesser period, has 
suffered from such disability while so rated for a continuous period of 
not less than 5 years from the date of such person's last discharge or 
release from active duty) may discontinue participation in the Plan 
by submitting to the Secretary concerned a request to discontinue 
participation in the Plan. An^ such person's participation in the Plan 
shall be discontinued effective on the first day of the first month 
following the month in which a request under this paragraph is 
received by the Secretary concerned. Effective on such date, the 
Secretary concerned shall discontinue the reduction being made in 
such person's retired or retainer pay on account of participation in 
the Plan or, in the case of a person who has been required to make 
deposits in the Treasury on account of participation in the Plan, such 
person may discontinue making such deposits effective on such date. 
Any request under this paragraph to discontinue participation in the 
Plan shall be in such form and shall contain such information as the 
Secretary concerned may req^uire by regulation. 
"(2) A person described in paragraph (1) may not discontinue 
participation in the Plan under such paragraph without the written 
consent of the beneficiary or beneficiaries of such person under the 
Plan. 
"(3) The Secretary concerned shall famish promjjtly to each person 
who files a request under paragraph (1) to discontinue particii)ation 
in the Plan a written statement of the advantages of participating in 
the Plan and the possible disadvantages of discontinuing participa-
tion. A person may withdraw a request made under paragraph (1) if it 
PUBLIC LAW 96-402—OCT. 9, 1980 
94 STAT. 1707 
is withdrawn within 30 days after having been submitted to the 
Secretary concerned. 
"(4) Upon the death of any person described in paragraph (1) who 
has discontinued participation in the Plan in accordance with this 
subsection, any amounts deducted from the retired or retainer pay of 
the deceased under section 1452 of this title shall be refunded to the 
widow or widower. 
"(5) Any person described in paragraph (1) who has discontinued 
participation in the Plan may again elect to participate in the Plan if 
(A) at any time after having discontinued participation in the 
Plan the Veterans' Administration reduces such person's service-
connected disability rating to less than total, and (B) such person 
applies to the Secretary concerned, within such period of time after 
the reduction in such person's service-connected disability rating has 
been made as the Secretary concerned may prescribe, to again 
participate in the Plan and includes in such application such infor-
mation as the Secretary concerned may require. Such person's 
participation in the Plan under this paragraph is effective beginning 
on the first day of the month after the month in which the Secretary 
concerned receives the application for resumption of participation in 
the Plan, and the Secretary concerned shall begin making reductions 
in such person's retired or retainer pay, or require such person to 
make deposits in the Treasury under subsection (d), as appropriate, 
effective on such day. 
"(h) Whenever retired and retainer pay is increased under section 
1401a of this title, the amount of the reduction to be made under 
subsection (a) or (b) in the retired or retainer pay of any person shall 
be increased at the same time and by the same percentage as such 
retired or retainer pay is increased under section 1401a of this title.". 
SEC. 5. (a)(1) The Secretary concerned shall pay an annuity to any 
individual who is the surviving spouse of a member of the uniformed 
services who— 
(A) died before September 21,1972; 
(B) was serving on active duty in the uniformed services at the 
time of his death and had served on active duty for a period of not 
less than 20 years; and 
(C) was at the time of his death entitled to retired or retainer 
pay or would have been entitled to that pay except that he had 
not applied for or been granted that pay. 
(2) An annuity under paragraph (1) shall be paid under the 
provisions of subchapter II of chapter 73 of title 10, United States 
Code, in the same manner as if such member had died on or adfter 
September 21,1972. 
(b)(1) The amount of retired or retainer pay to be used as the basis 
for the computation of an annuity under subsection (a) is the emiount 
of the retired or retainer pay to which the member would have been 
entitled if the member had been entitled to that pay based upon his 
years of active service when he died, adjusted by the overall percent-
age increase in retired and retainer pay under section 1401a of title 
10, United States Code (or any prior comparable provision of law), 
during the period beginning on the date of the member's death and 
ending on the day before the effective date of 
this section. 
(2) In addition to any reduction required under the provisions of 
subchapter II of chapter 73 of title 10, United States Code, the 
annuity paid to any surviving spouse under this section shall be 
reduced by any amount such surviving spouse is entitled to receive as 
an annuity under subchapter I of 
such chapter. 
Deductions, 
refund. 
Ante, p. 1706. 
Plan 
participation, 
resumption. 
Retired and 
retainer pay, 
increased, 
reduction. 
Surviving 
spouse, annuity 
payment 
provisions. 
10 u s e 1448 
note. 
10 u s e 1447. 
Annuity 
payment, 
reduction. 
10 u s e 1431. 
94 STAT. 1708 
PUBLIC LAW 96-402—OCT. 9, 1980 
10 u s e 1447. 
Definitions. 
38 u s e 521 
note. 
38 u s e 541. 
Effective 
date. 
10 u s e 1447 
note. 
(c) If an individual entitled to an annuity under this section is also 
entitled to an annuity under subchapter U of chapter 73 of title 10, 
United States Code, based upon a subsequent marriage, the individ-
ual may not receive both annuities but must elect which to receive. 
(d) As used in this section: 
(1) The term "uniformed services" means the Armed Forces 
and the commissioned corps of the Public Health Service and of 
the National Oceanic and Atmospheric Administration. 
(2) The term "surviving spouse" has the meaning given the 
terms "widow" and "widower" in section 1447 of title 10, United 
States Code. 
(3) The term "Secretary concerned" has the meaning given 
such term in section 101(8) of title 10, United States Code, and 
includes the Secretary of Commerce, with respect to matters 
concerning the National Oceanic and Atmospheric Administra-
tion, and the Secretary of Health and Human Services, with 
respect to matters concerning the Public Health Service. 
SEC. 6. Section 4 of 
the Act entitled "An Act to amend chapter 73 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 "section 90b) of the Veterans* Pension Act of 
1959 (73 Stat. 436)" in subsection (aX2) and inserting in lieu 
thereof "section 306 of the Veterans' and Survivors' Pension 
Improvement Act of 1978"; 
(2) by striking out "in the limitation on annual income for 
purposes of eligibility for benefits under section 5410b) of title 38, 
United States Code in the first sentence of subsection (c) and 
inserting in lieu thereof "under section 3112 of title 38, United 
States Code, in the maximum armual rate of pension under 
section 5410b) of 
such title"; and 
(3) by striking out "limitation on annual income" in the second 
sentence of subsection (c) and inserting in lieu thereof "the 
maximum armual rate of pension". 
SEC. 7. The amendments made by sections 2,3, and 4 of 
this Act and 
the provisions of section 5 of 
this Act shall be effective on the first day 
of the second calendar month following the month in which this Act 
is enacted and shall apply to aimuities payable by virtue of such 
amendments and provisions for months beginning on or after such 
date. No benefits shall accrue to any person by virtue of the 
enactment of 
this Act for any period before the date of 
the enactment 
of 
this Act. 
Approved October 9, 1980. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 96-1315 (Comm. on Armed Services). 
SENATE REPORT No. 96-748 (eomm. on Armed Services). 
eONGRESSIONAL RECORD, Vol. 126 (1980): 
May 28, considered and passed Senate. 
Sept. 22, considered and passed House, amended. 
Sept. 29, Senate concurred in House amendment.