C. FAMILY AND SPOUSE PROVISIONS 1. SPECIAL ANNUITY PROGRAMS FOR CERTAIN SURVIVING SPOUSES NOT COVERED BY SURVIVOR BENEFIT PLAN a. Section 4 of Public Law 92-425 (Minimum Income for Certain Widows) SEC. 4. [10 U.S.C. 1448 note] (a) A person (1) who, on September 21, 1972, was, or during the period beginning on September 22, 1972, and ending on March 20, 1974, became a widow of a person who was entitled to retired or retainer pay when he died; (2) who is eligible for a pension 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 (3) whose annual income, as determined in establishing that eligibility, is less than $2,340; shall be paid an annuity by the Secretary concerned unless she is eligible to receive an annuity under the Survivor Benefit Plan established pursuant to clause (3) of the first section of this Act [subchapter II of chapter 73 of title 10, United States Code]. However, such a person who is the widow of a retired officer of the Public Health Service or the National Oceanic and Atmospheric Administration, and who would otherwise be eligible for an annuity under this section except that she does not qualify for the pension described in clause (2) of this subsection because the service of her deceased spouse is not considered active duty under section 101(21) of title 38, United States Code, is entitled to an annuity under this section. (b) The annuity under subsection (a) of this section shall be in an amount which when added to the widow's income determined under subsection (a)(3) of this section, plus the amount of any annuity being received under sections 1431-1436 of title 10, United States Code, but exclusive of a pension described in subsection (a)(2) of this section, equals $2,340 a year. In addition, the Secretary concerned shall pay to the widow, described in the last sentence of subsection (a) of this section, an amount equal to the pension she would otherwise have been eligible to receive under subchapter III of chapter 15 of title 38, United States Code, if the service of her deceased spouse was considered active duty under section 101(21) of that title. (c) The amounts specified in subsections (a)(3) and (b) shall be increased by the Secretary concerned whenever there is an increase under section 3112 of title 38, United States Code, in the maximum annual rate of pension under section 541(b) of such title. Any such increase under the preceding sentence shall be in the same amount, and shall have the same effective date, as such increase in the maximum annual rate of pension. (d) 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. b. Section 635 of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106) SEC. 635. [10 U.S.C. 1448 note] AUTHORITY FOR RELIEF FROM PREVIOUS OVERPAYMENTS UNDER MINIMUM INCOME WIDOWS PROGRAM. (a) AUTHORITY.-The Secretary of Defense may waive recovery by the United States of any overpayment by the United States described in subsection (b). In the case of any such waiver, any debt to the United States arising from such overpayment is forgiven. (b) COVERED OVERPAYMENTS.-Subsection (a) applies in the case of an overpayment by the United States that (1) was made before the date of the enactment of this Act under section 4 of Public Law 92-425 (10 U.S.C. 1448 note); and (2) is attributable to failure by the Department of Defense to apply the eligibility provisions of subsection (a) of such section in the case of the person to whom the overpayment was made. c. Section 5 of the Uniformed Services Survivor Benefits Amendments of 1980 (Public Law 96-402) SEC. 5. [10 U.S.C. 1448 note] (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 after 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 amount 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 percentage 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 pay 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. (c) If an individual entitled to an annuity under this section is also entitled to an annuity under subchapter II of chapter 73 of title 10, United States Code, based upon a subsequent marriage, the individual 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 Administration, and the Secretary of Health and Human Services, with respect to matters concerning the Public Health Service. d. Section 653 of the National Defense Authorization Act, Fiscal Year 1989 (Public Law 100-456) 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 com pensation (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.-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. (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. 2. DEFENSE DEPENDENTS' EDUCATION a. Defense Dependents' Education Act of 1978 SHORT TITLE SEC. 1401. This title may be cited as the "Defense Dependents' Education Act of 1978". ESTABLISHMENT OF DEFENSE DEPENDENTS' EDUCATION SYSTEM SEC. 1402. [20 U.S.C. 921] (a) The Secretary of Defense shall establish and operate a program (hereinafter in this title referred to as the "defense dependents' education system") to provide a free public education through secondary school for dependents in over seas areas. (b)(1) The Secretary shall ensure that individuals eligible to receive a free public education under subsection (a) receive an education of high quality. (2) In establishing the defense dependents' education system under subsection (a), the Secretary shall provide programs designed to meet the special needs of (A) the handicapped, (B) individuals in need of compensatory education, (C) individuals with an interest in vocational education, (D) gifted and talented individuals, and (E) individuals of limited English-speaking ability. (3) The Secretary shall provide a developmental preschool program to individuals eligible to receive a free public education under subsection (a) who are of preschool age if a preschool program is not otherwise available for such individuals and if funds for such a program are available. (c) The Secretary of Defense shall consult with the Secretary of Education on the educational programs and practices of the defense dependents' education system. (d)(1) The Secretary of Defense may provide optional summer school programs in the defense dependents' education system. (2) The Secretary shall provide in regulations for fees to be charged for the students enrolling in a summer school program under this subsection in amounts determined on the basis of family income. (3) The amounts received by the Secretary in payment of the fees shall be available to the Department of Defense for defraying the costs of conducting summer school programs under this subsection. |