An Act to amend chapter 73 of title 10, United States Code, relating to the retired serviceman's family protection plan, and for other purposes
PL 90-485 (H.R.12323), enacted 08/13/1968

82 STAT.] 
PUBLIC LAW 90-485-AUG. 13, 1968 
751 
Public Law 90-485 
AN ACT 
To amend chapter 73 of title 10, United States Code, relating to the retired 
serviceman's family protection plan, and for other purposes. 
August 13, 1968 
[H.R. 12323] 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That chapter 73 of 
title 10, United States C<>de is amended*as follows: 
(1) Section 1431(b) is amended to read as follows: 
"(b) To provide an annuity under section 1434 of this title, a person 
covered by subsection (a) may elect to receive a reduced amount of the 
retired pay or retainer pay to which he may become entitled as a result 
of service in his armed force. Except as otherwise provided in this 
section^ unless it is made before he completes nineteen years of service 
for which he is entitled to credit in the computation of his basic pay, 
the election must be made at least two years before the first day for 
which retired pay or retainer pay is granted. However, if, because of 
military operations, a member is assigned to an isolated station or is 
missing, interned in a neutral country, captured by a hostile force, or 
beleaguered or besieged, and for that reason is unable to make an 
election before completing nineteen years of that service, he may make 
the election, to become effective immediately, within one year after he 
ceases to be assigned to that station or returns to the jurisdiction of 
his armed force, as the case may be. A member to w^hom retired pay or 
retainer pay is granted retroactively, and who is otherwise eligible to 
make an election, may make the election within ninety days after 
receiving notice that such pay has been granted to him. An election 
made after the date of enactment of this amendment is not effective if— 
"(1) the elector dies during the first thirty-day period he is 
entitled to retired pay as a result of a physical condition which led 
to his being granted retired pay under chapter 61 of title 10 with 
a disability of 100 per centum under the standard schedule of 
rating disabilities in use by the Veterans' Administration at the 
time of the determination of the per centum of his disability; 
"(2) the disability was not the result of injury or disease 
received in line of duty as a direct result of armed conflict; and 
"(3) his widow or children are entitled to dependency and 
indemnity compensation under chapter 13 of title 38 based upon 
his death." 
(2) Section 1431(c) is amended to read as follows: 
"(c) An election may be changed or revoked by the elector before 
the first day for w^hich retired or retainer pay is granted. Unless it is 
made on the basis of restored mental competency under section 1433 
of this title, or unless it is made before the elector completes nineteen 
years of service for which he is entitled to credit in the computation of 
his basic pay (in which case only the latest change or revocation shall 
be effective), the change or revocation is not effective if it is made 
less than two years before the first day for which retired or retainer 
paj^ is granted. The elector may, however, before the first day for 
which retired or retainer pay is granted, change or revoke his election 
(provided the change does not increase the amount of the annuity 
elected) to reflect a change in the marital or dependency status of the 
member or his family that is caused by death, divorce, annulment, 
remarriage, or acc[uisition of a child, if such change or revocation of 
election is made within two years of such change in marital or depend-
ency status." 
(3) The text of section 1434 is amended to read as follows: 
" (a) The annuity that a person is entitled to elect under section 1431 
or 1432 of this title shall, in conformance with actuarial tables selected 
Armed Forces. 
Retired members, 
family protection 
plan. 
75 Stat. 810. 
Infra. 
70A Stat. 91. 
10 u s e 1201-
1221-
72 Stat. 1126. 
38 u s e 401-423. 
70A Stat. 109. 
Maximum and 
minimum amounts; 
beneficiaries. 
70A Stat. 109; 
75 Stat. 811. 
752 
PUBLIC LAW 90-485-AUG. 13, 1968 
[82 STAT. 
75^sfat^*8ii"°' 
^y ^^® Board of Actuaries under section 1436(a) of this title, be the 
amount specified by the elector at the time of the election, but not more 
than 50 per centum nor less than 1 2 ^ per centum of his retired or 
retainer pay, in no case less than $25. He may make the annuity 
payable— 
"(1) to, or on behalf of, the surviving spouse, ending when the 
spouse dies or remarries; 
"(2) in equal shares to, or on behalf of, the surviving children 
eligible for the annuity at the time each payment is due, ending 
when there is no surviving eligible child; or 
"(3) to, or on behalf of, the surviving spouse, and after the 
death or remarriage of that spouse, in equal shares to, or on behalf 
of, the surviving eligible children, ending when there is no sur-
viving eligible child. 
"(b) A person may elect to provide both the annuity provided in 
clause (1) of subsection (a) and that provided in clause (2) of subsec-
tion (a), but the combined amount of the annuities may not be more 
than 50 per centum nor less than 121/2 P^r centum of his retired or 
retainer pay but in no case less than $25. 
^'(c) An election of any annuity under clause (1) or (2) of subsec-
tion (a), or any combination of annuities under subsection (b), shall 
provide that no deduction may be made from the elector's retired or 
retainer pay after the last day of the month in which there is no bene-
ficiary who would be eligible for the annuity if the elector died. For 
the purposes of the preceding sentence, a child (other than a child who 
is incapable of supporting himself because of a mental defect or i)hys-
ical incapacity existing before his eighteenth birthday) who is at 
least eighteen, but under twenty-three years of age, and who is not 
pursuing a course of study or training defined in section 1435, of this 
title, shall be considered an eligible beneficiary unless the Secretary 
concerned approves an apj)lication submitted by the member under 
section 1436(b) (4) of this title. An election of an annuity under clause 
(3) of subsection (a) shall provide that no deduction may be made 
from the elector's retired or retainer pay after the last day of the 
month in which there is no eligible spouse because of death or divorce. 
"(d) Under regulations prescribed under section 1444(a) of this 
title^ a person may, before or after the first day for which retired or 
retainer pay is granted, provide for allocating, during the period of 
the surviving spouse's eligibility, a part of the annuity under subsec-
tion (a) (3) for payment to those of his surviving children who are 
not children of that spouse." 
Eligibility. 
(4) Section 1435 (2) (B) is amended to read as follows: 
"(B) under eighteen years of age, or incapable of support-
ing themselves because of a mental defect or physical in-
capacity existing before their eighteenth birthdaj", or at least 
eighteen, but undter twenty-three, years of age and pursuing a 
full-time course of study or training in a high school, trade 
school, technical or vocational institute, junior college, college, 
university, or comparable recognized educational institu-
tion;". 
(5) Section 1435 is amended by adding the following flush 
sentences at the end: 
"For the purposes of clause (2)(B), a child is considered to be 
pursuing a full-time course of study or training during an interval 
between school years that does not exceed one hundred and fifty days 
if he has demonstrated to the satisfaction of the Secretary concerned 
that he has a bona fide intention of commencing, resuming, or continu-
ing to pursue a full-time course of study or training in a recognized 
educational institution immediately after that interval." 
Post, p. 753. 
70A Stat. 111. 
70A Stat. 111. 
Ante, 
p. 751. 
82 STAT. ] 
PUBLIC LAW 90-485-AUG. 13, 1%8 
753 
(6) Section 1436 (b) is amended to read as follows: 
. Annuity reduc-
"(b) Under regulations prescribed under section 1444(a) of this from p'^ogram^'^ 
title, the Secretary concerned may, upon application by the retired 
^s stat. sii 
member, allow the member— 
"(1) to reduce the amount of the annuity specified by him 
under section 1434(a) and 1434(b) of this title but to not less 
than the prescribed minimum; or 
"(2) to withdraw from participation in an annuity program 
under this title; or 
"(3) to elect the annuity provided under clause (1) of section 
1434(a) of this title in place of the annuity provided mider clause 
(3) of such section, if on the first day for which retired or retainer 
pay is granted the member had in effect a valid election under 
clause (3) of such section, and he does not have a child beneficiary 
who would be eligible for the annuity provided under clause (3) 
of such section. For this purpose, a child (other than a child who 
is incapable of supporting himself because of a mental defect or 
physical incapacity existing before his eighteenth birthday) who 
is at least eighteen, but under twenty-three years of age shall 
not be considered an eligible beneficiary; or 
"(4) to elect that a child (other than a child who is incapable 
of supporting himself because of a mental defect or physical inca-
pacity existing before his eighteenth birthday) who is at least 
eighteen, but under twenty-three years of age shall not be con-
sidered eligible for the annuity provided under clause (2) of 
section 1434(a) of this title, or for an annuity provided under 
section 1434(b) of this title, if on the first day for which retired 
or retainer pay is granted the member had in effect a valid election 
under clause (2) of section 1434(a) of this title, or under section 
1434(b) of this title." 
A retired member may not reduce an annuity under clause (1) of this 
subsection, or withdraw under clause (2) of this subsection, earlier 
than the first day of the seventh calendar month beginning after he 
applies for reduction or withdrawal. A change of election under clause 
(3) of this subsection shall be effective on the first day of the month 
following the month in which application is made. An election under 
clause (4) of this subsection shall be effective on the first day of the 
month following the month in which application is made and, if on 
the effective date there is no surviving child who would be eligible for 
an annuity provided under clause (2) of section 1434(a), or under 
section 1434(b), of this title if the elector died, no deduction shall be 
made for such an annuity to, or on behalf of, a child from the elector's 
retired or retainer pay for that month or any subsequent month. No 
amounts by which a member's retired or retainer pay is reduced prior 
to the effective date of a reduction of annuity, withdrawal, change of 
election, or election under this subsection may be refunded to, or 
credited on behalf of, the member by virtue of an application made by 
him under this subsection. 
(7) Section 1437 is amended to read as follows: 
yoAstat. no 
"§ 1437. Payment of annuity 
"(a) Except as provided in subsection (b) each annuity payable 
under this chapter accrues as of the first day of the month in which the 
person upon whose pay the annuity is based dies. Payments shall be 
made in equal installments and not later than the fifteenth day of each 
month following that month. However, no annuity accrues for the 
month in which entitlement thereto ends. 
"(b) Each annuity payable to or on behalf of an eligible child 
(other than a child who is incapable of supporting himself because of 
a mental defect or physical incapacity existing before his eighteenth 
754 
PUBLIC LAW 90-485-AUG. 13, 1968 
[82 STAT. 
Ante, p. 752. 
Restriction. 
75 Stat. 811. 
70A Stat. 102; 
80 Stat. 902. 
80 Stat. 557. 
Ante, p. 751. 
Ante, p. 752. 
70A Stat. 108-
10 u s e 1431-
1446. 
Ante, p. 753. 
Effective dates. 
birthday) as defined in section 1435(2) (B) of this title who is at least 
eighteen years of age and pursuing a full-time course of study or train-
ing at a recognized educational institution, accrues— 
" (1) as of the first day of the month in which the member upon 
whose pay the annuity is based dies, if the eligible child's 
eighteenth birthday occurs in the same or a preceding month. 
"(2) as of the first day of the month in which the eighteenth 
birthday of an eligible child occurs, if the member upon whose 
pay the annuity is based died in a preceding month. 
"(3) as of the first day of the month in which a child first 
becomes or again becomes eligible, if that eligible child's eight-
eenth birthday and the death of the member upon whose pay the 
annuity is based both occurred in a preceding month or months. 
However, no such annuity is payable or accrues for any month prior 
to the effective date of this subsection." 
(8) Section 1446(a) (2) is amended by striking out "18" and insert-
ing in lieu thereof "19". 
SEC. 2. Chapter 67 of title 10, United States Code, is amended by add-
ing to section 1331 the following new subsection: 
"(e) Notwithstanding section 8301 of title 5, United States Code, 
the date of entitlement to retired pay under this section shall be 
the date on which the requirements of subsection (a) have been 
completed." 
SEC. 3. For members to whom section 1431 of title 10, United States 
Code, applies on the date of enactment of this Act, the provisions of 
section 1434(c) of that title, as amended by this Act, are effective 
immediately and automatically. 
SEC. 4. A retired member who elected an annuity under chapter 73 
of title 10, United States Code, before the date of enactment of this 
Act, but did not make the election that was then provided by section 
1434 (c) of that title, may, before the first day of the thirteenth calendar 
month beginning after the date of enactment of this Act, make that 
election. That election becomes effective on the first day of the month 
following the month in which the election is made. Under regulations 
prescribed under section 1444(a) of this title, on or before the effec-
tive date the retired member must pay the total additional amount that 
would otherwise have been deducted from his retired or retainer pay 
to reflect such an election, had it been effective when he retired, plus 
the interest which would have accrued on that additional amount up 
to the effective date, except that if an undue hardship or financial 
burden would otherwise result payment may be made in from two to 
twelve monthly installments when the monthly amounts involved are 
$25, or less, or in from two to thirty-Six monthly installments when the 
monthly amounts involved exceed $25. No amounts by which a mem-
ber's retired or retainer pay was reduced may be refunded to, or 
credited on behalf of, the retired member by virtue of an application 
made by him under this section, A retired member described in the 
first sentence of this section, who does not make the election provided 
under this section, will not be allowed under section 1436(b) of title 
10, to reduce an annuity or withdraw from participation in an an-
imity program under that title. 
SEC. 5. Notwithstanding any other provision of this Act, elections 
in effect on the date of enactment will remain under the cost tables 
applicable on the date of retirement, and the annuities provided 
thereunder shall be payable to those eligible beneficiaries prescribed 
under the law in effect on the day prior to the date of enactment of 
this Act. 
SEC. 6. Clause (1) and clause (6) of section 1, and sections 2,3, and 
4 of this Act are effective on the date of enactment. Remaining provi-
sions of this Act are effective on the first day of the third calendar 
Ante, 
p. 751. 
82 STAT. ] 
PUBLIC LAW 90-486-AUG. 13, 1968 
755 
month following the date of enactment. However, notwithstanding any 
other provision of this Act, any member to whom section 1431 of title 
10, United States Code, applies on the date of enactment of this Act 
may, before the first day of the thirteenth calendar month beginning 
after the date of enactment of this Act, submit a written application to 
the Secretary concerned requesting that an election or a change or revo-
cation of election made by such member prior to the date of enactment 
of this Act shall continue to be governed by the provisions of section 
1431 (b) or (c) of title 10, United States Code, as in eflfect on the day 
before the date of enactment of this Act. 
Approved August 13, 1968. 
Public Law 90-486 
AN ACT 
August 13, 1968 
To clarify the status of National Guard technicians, and for other purposes. 
[_38^^j 
National Guard 
Technicians Act 
70A Stat. 604. 
Be it enacted hy the SeTuite and House of RepreHentatlveH of the 
United States of America in Congress assembled, That this Act may 
be cited as the "National Guard Technicians Act of 1968". 
0^1968" 
SEC. 2. Title 32, United States Code, is amended as follows: 
(1) Section 709 is amended to read as follows: 
^°^ ^'^*- ^^^ 
"§ 709. Technicians: employment, use, status 
"(a.) Under regulations prescribed by the Secretary of the Army or 
the Secretary of the Air Force, as the case may be, and subject to sub-
section (b) of this section persons may be employed as technicians in— 
"(1) the administration and training of the National Guard; 
and 
'"(2) the maintenance and repair of supplies issued to the 
National Guard or the armed forces. 
''(b) Except as prescribed by the Secretary concerned, a technician 
employed under subsection (a) shall, while so employed, be a member 
of the National Guard and hold the military grade specified by the 
Secretary concerned for that position. 
"(c) The Secretary concerned shall designate the adjutants general 
referred to in section 314 of this title, to employ and administer the 
technicians authorized by this section. 
"(d) A technician employed under subsection (a) is an employee 
of the I)epa,rtment of the Army or the Department of the Air Force, 
as the case may be, and an employee of the United States. However, a 
position authorized by this section is outside the competitive service if 
the technician employed therein is required under subsection (b) to 
be a member of the National Guard. 
"(e) Notwithstanding any other provision of law and under regu-
lations prescribed by the Secretary concerned— 
"(1) a technician who is employed in a position in which 
National Guard membership is required as a condition of employ-
ment and who is separated from the National Guard or ceases to 
hold the military grade specified for his position by the Secretary 
concerned shall be promptly separated from his technician 
employment by the adjutant general of the jurisdiction concerned; 
"(2) a technician who is employed in a position in which 
National Guard membership is required as a condition of employ-
ment and who fails to meet the military security standards estab-
lished by the Secretary concerned for a member of a reserve 
component of the armed force under his jurisdiction may be sepa-