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U.S. Code as of:
01/19/04
Section 1447. Definitions
In this subchapter:
(1) Plan. - The term "Plan" means the Survivor Benefit Plan
established by this subchapter.
(2) Standard annuity. - The term "standard annuity" means an
annuity provided by virtue of eligibility under section
1448(a)(1)(A) of this title.
(3) Reserve-component annuity. - The term "reserve-component
annuity" means an annuity provided by virtue of eligibility under
section 1448(a)(1)(B) of this title.
(4) Retired pay. - The term "retired pay" includes retainer pay
paid under section 6330 of this title.
(5) Reserve-component retired pay. - The term
"reserve-component retired pay" means retired pay under chapter
1223 of this title (or under chapter 67 of this title as in
effect before the effective date of the Reserve Officer Personnel
Management Act).
(6) Base amount. - The term "base amount" means the following:
(A) Full amount under standard annuity. - In the case of a
person who dies after becoming entitled to retired pay, such
term means the amount of monthly retired pay (determined
without regard to any reduction under section 1409(b)(2) of
this title) to which the person -
(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) Full amount under reserve-component annuity. - In the
case of a person who would have become eligible for
reserve-component retired pay but for the fact that he died
before becoming 60 years of age, such term means 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 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.
(C) Reduced amount. - Such term means any amount less than
the amount otherwise applicable under subparagraph (A) or (B)
with respect to an annuity provided under the Plan but which is
not less than $300 and which is designated by the person (with
the concurrence of the person's spouse, if required under
section 1448(a)(3) of this title) providing the annuity on or
before -
(i) the first day for which he becomes eligible for retired
pay, in the case of a person providing a standard annuity, or
(ii) the end of the 90-day period beginning on the date on
which he receives the notification required by section
12731(d) of this title that he has completed the years of
service required for eligibility for reserve-component
retired pay, in the case of a person providing a
reserve-component annuity.
(7) Widow. - The term "widow" means the surviving wife of a
person who, if not married to the person at the time he became
eligible for retired pay -
(A) was married to him for at least one year immediately
before his death; or
(B) is the mother of issue by that marriage.
(8) Widower. - The term "widower" means the surviving husband
of a person who, if not married to the person at the time she
became eligible for retired pay -
(A) was married to her for at least one year immediately
before her death; or
(B) is the father of issue by that marriage.
(9) Surviving spouse. - The term "surviving spouse" means a
widow or widower.
(10) Former spouse. - The term "former spouse" means the
surviving former husband or wife of a person who is eligible to
participate in the Plan.
(11) Dependent child. -
(A) In general. - The term "dependent child" means a person
who -
(i) is unmarried;
(ii) is (I) under 18 years of age, (II) at least 18, but
under 22, 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 institution, or (III)
incapable of self support because of a mental or physical
incapacity existing before the person's eighteenth birthday
or incurred on or after that birthday, but before the
person's twenty-second birthday, while pursuing such a
full-time course of study or training; and
(iii) is the child of a person to whom the Plan applies,
including (I) an adopted child, and (II) a stepchild, foster
child, or recognized natural child who lived with that person
in a regular parent-child relationship.
(B) Special rules for college students. - For the purpose of
subparagraph (A), a child whose twenty-second birthday occurs
before July 1 or after August 31 of a calendar year, and while
regularly pursuing such a course of study or training, is
considered to have become 22 years of age on the first day of
July after that birthday. A child who is a student is
considered not to have ceased to be a student during an interim
between school years if the interim is not more than 150 days
and if the child shows to the satisfaction of the Secretary of
Defense that the child has a bona fide intention of continuing
to pursue a course of study or training in the same or a
different school during the school semester (or other period
into which the school year is divided) immediately after the
interim.
(C) Foster children. - A foster child, to qualify under this
paragraph as the dependent child of a person to whom the Plan
applies, must, at the time of the death of that person, also
reside with, and receive over one-half of his support from,
that person, and not be cared for under a social agency
contract. The temporary absence of a foster child from the
residence of that person, while a student as described in this
paragraph, shall not be considered to affect the residence of
such a foster child.
(12) Court. - The term "court" has the meaning given that term
by section 1408(a)(1) of this title.
(13) Court order. -
(A) In general. - The term "court order" means a court's
final decree of divorce, dissolution, or annulment or a court
ordered, ratified, or approved property settlement incident to
such a decree (including a final decree modifying the terms of
a previously issued decree of divorce, dissolution, annulment,
or legal separation, or of a court ordered, ratified, or
approved property settlement agreement incident to such
previously issued decree).
(B) Final decree. - The term "final decree" means a decree
from which no appeal may be taken or from which no appeal has
been taken within the time allowed for the taking of such
appeals under the laws applicable to such appeals, or a decree
from which timely appeal has been taken and such appeal has
been finally decided under the laws applicable to such appeals.
(C) Regular on its face. - The term "regular on its face",
when used in connection with a court order, means a court order
that meets the conditions prescribed in section 1408(b)(2) of
this title.
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