National Defense Authorization Act, Fiscal Year 1989 - Sec. 653
Public Law 100–456
National Defense Authorization Act, Fiscal Year 1989 - Sec. 653
456
100–456
Statute Compilation
United States House of Representatives
Office of the Legislative Counsel
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National Defense Authorization Act, Fiscal Year 1989
634
100
1988-09-29
National Defense Authorization Act, Fiscal Year 1989 - Sec. 653
[(Public Law 100–456)]
[As amended through P.L. 105–85, Enacted November 18, 1997]
[Currency: This publication is a compilation of the text of Public Law 100–456. It was last amended by the public law listed in the As Amended Through note above and below at the bottom of each page of the pdf version and reflects current law through the date of the enactment of the public law listed at https://www.govinfo.gov/app/collection/comps/]
[Note: While this publication does not represent an official version of any Federal statute, substantial efforts have been made to ensure the accuracy of its contents. The official version of Federal law is found in the United States Statutes at Large and in the United States Code. The legal effect to be given to the Statutes at Large and the United States Code is established by statute (1 U.S.C. 112, 204).]
SEC. 653.
[10 U.S.C. 1448 note]

ANNUITY FOR CERTAIN SURVIVING SPOUSES
(a)

Annuity.—
(1)
The Secretary concerned shall pay an annuity to the qualified surviving spouse of each member of the uniformed services who—
(A)
died before November 1, 1953; and
(B)
was entitled to retired or retainer pay on the date of death.
(2)
A qualified surviving spouse for purposes of this section is a surviving spouse who has not remarried and who is eligible for an annunity under section 4 of Public Law 92–425 (10 U.S.C. 1448 note).
(b)

Amount of Annuity.—
(1)
An annuity payable under this section shall be paid at the rate of $165 per month, as adjusted from time to time under subsection (c).
(2)
An annuity paid to a surviving spouse under this section shall be reduced by the amount of dependency and indemnity compensation (DIC) to which the surviving spouse is entitled under section 1311(a) of title 38, United States Code.
(c)

Cost-of-Living Increases.—
Whenever retired or retainer pay is increased under section 1401a(b)(2) of title 10, United States Code, each annuity that is payable under this section shall be increased at the same time and by the same total percent. The amount of the increase shall be based on monthly annuity payable before any reduction under this section.
(d)

Relationship to Other Programs.—
(1)
An annuity paid to a surviving spouse under this section is in addition to any pension to which the surviving spouse is entitled under subchapter III of chapter 15 of title 38, United States Code, or section 306 of the Veterans' and Survivors' Pension Improvement Act of 1978 (38 U.S.C. 521 note), and any payment made under the provisions of section 4 of Public Law 92–425. An annuity paid under this section shall not be considered as income for the purposes of eligibility for any such pension.
(2)
Payment of annuities under this section shall be made by the Secretary of Veterans Affairs. In making such payments, the Secretary shall combine the payment under this section with the payment of any amount due the same person under section 4 of Public Law 92–425 (10 U.S.C. 1448 note), as provided in subsection (e)(1) of that section. The Secretary concerned shall transfer amounts for payments under this section to the Secretary of Veterans Affairs in the same manner as is provided under subsection (e)(2) of section 4 of Public Law 92–425 for payments under that section.
(e)

Definitions.—
For purposes of this section:
(1)
The terms “uniformed services” and “Secretary concerned” have the meanings given those terms in section 101 of title 37, United States Code.
(2)
The term “surviving spouse” has the meaning given the terms “widow” and “widower” in paragraphs (3) and (4), respectively, of section 1447 of title 10, United States Code.
(f)

Effective Date.—
Annuities under this section shall be paid for months beginning after the month in which this Act is enacted [Sept. 1988]. No benefit shall accrue to any person by reason of the enactment of this section for any period before the first month referred to in the preceding sentence. No benefit shall be paid to any person under this section unless an application for such benefit has been filed with the Secretary concerned by or on behalf of such person.