An Act to amend title 10, United States Code, to make certain changes in the Survivor Benefit Plan provided for under subchapter II of chapter 73 of title 10, United States Code, and for other purposes.
PL 94-496 (H.R.14773), enacted 10/14/1976

PUBLIC LAW 94-496—OCT. 14, 1976 
90 STAT. 2375 
Public Law 94-496 
94th Congress 
An Act 
To amend title 10, United States Code, to make certain changes in the Survivor 
Oct. 14, 1976 
Benefit Plan provided for under subchapter II of chapter 73 of title 10, United 
[H.R. 14773] 
States Code, and for other purposes. 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assembled^ That chapter 73 of Armed Forces, 
title 10, United States Code, is amended as follows: 
Survivor Benefit 
(1) Clauses (3) (A) and (4) (A) of section 1447 are each amended 
"" p ^ -
by striking out "two years" and inserting in place thereof "one year". ^^ ^^^ Y'wn. 
(2) The second sentence of section 1448(a) is amended by inserting 
10 U
S
C 1448. 
"or elects to provide an annuity for a dependent child but not for his 
spouse" after "maximum level,". 
(3) Section 1450(a) is amended by striking out "or" at the end of 
10 USC 1450. 
clause (2), renumbering clause (3) as clause (4), and inserting after 
clause (2) a new clause (3) as follows: 
"(3) the dependent children in equal shares if the person to 
whom section 1448 of this title applies elected to provide an 
annuity for dependent children but not for the spouse; or". 
(4) Sections 1450(f), 1451(b), 1452(a), and 1452(c) are each 10 USC1450, 
amended by striking out "(a)(3)" and inserting in place thereof 
1451,1452. 
(5) Section 1452 of title 10, United States Code, is amended by— 
10 U
S
C 1452. 
(A) further amending subsection (a) by— 
(i) striking out the first word and inserting the following 
in place thereof: "Except as provided in subsection (b), the"; 
and 
(ii) adding the following new sentence at the end thereof: 
"The reduction in retired or retainer pay prescribed by the 
first sentence of this subsection shall not be applicable during 
any month in which there is no eligible spouse beneficiary"; 
(B) amending subsection (b) by inserting "or who has a spouse 
but has elected to provide an annuity for dependent children 
only," after "spouse,"; and 
(C) further amending subsection (c) by adding the following 
sentence at the end thereof: "The reduction in retired or retainer 
pay prescribed by this subsection shall continue during the life-
time of the person designated under section 1450(a) (4) of this 
title or until the person receiving retired or retainer pay changes 
his election under section 1450(f).". 
SEC. 2. Section 4 of Public Law 92-425, September 21, 1972 (86 10 USC 1448 
Stat. 712), is amended as follows: 
note. 
(1) Subsection (a) (3) is amended by striking "$1,400" and 
inserting "$2,100" in place thereof. 
(2) The first sentence of subsection (b) is amended by striking 
"$1,400" and inserting "$2,100" in place thereof. 
90 STAT. 2376 
PUBLIC LAW 94-496—OCT. 14, 1976 
(3) Add at the end thereof a new subsection (c) as follows: 
"(c) Subsection 1450(i) and section 1453 as added to title 10, 
United States Code, by clause 3 of the first section of this Act, are 
applicable to persons covered by this section.". 
Effective 
SEC. 3. This Act shall be effective as of September 21, 1972. No 
<***«• 
pay shall accrue to any person by virtue of the enactment of this Act 
10 use 1447 
for any period prior to October 1,1976. 
note. 
Approved October 14, 1976. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 94-1458, Pt. 1 (Comm. on Armed Services) and No. 94-1458, Pt. 
2 (Comm. on Appropriations). 
SENATE REPORT No. 94-1328 (Comm. on Armed Services). 
CONGRESSIONAL RECORD, Vol. 122 (1976): 
Sept. 20, considered and passed House. 
Oct. 1, considered and passed Senate, amended; House concurred in Senate 
amendments.