Application of Plan

The program established by this subchapter shall be known as the Survivor Benefit Plan. The following persons are eligible to participate in the Plan: The Plan applies to the following persons, who shall be participants in the Plan: A married person who is eligible to provide a standard annuity may not without the concurrence of the person’s spouse elect— A married person who is eligible to provide a reserve-component annuity may not without the concurrence of the person’s spouse elect— A person may make an election described in subparagraph (A) or (B) without the concurrence of the person’s spouse if the person establishes to the satisfaction of the Secretary concerned— A person— An election under this paragraph— If a person makes an election under this paragraph— If a member retired after November 23, 2003, under chapter 61 of this title dies within one year after the date on which the member is so retired and the cause of death is related to a disability for which the member was retired under that chapter (as determined under regulations prescribed by the Secretary of Defense)— If a person providing an annuity under a election under clause (i) dies before the end of the two-year period beginning on the effective date of the election— A person— A person may not make an election under subparagraph (A) to provide an annuity to a former spouse who that person married after becoming eligible for retired pay unless— An election under this paragraph is effective as of— A person who elects to provide an annuity to a former spouse under paragraph (2) or (3) shall, at the time of making the election, provide the Secretary concerned with a written statement (in a form to be prescribed by that Secretary and signed by such person and the former spouse) setting forth— If a person’s participation in the Plan is discontinued by reason of the death of a former spouse beneficiary, the person may elect to resume participation in the Plan and to elect a new spouse beneficiary as follows: The effective date of election under this paragraph shall be as follows: Except as provided in paragraph (2), the Secretary concerned shall pay an annuity under this subchapter to the surviving spouse of— a member who dies while on active duty after— If a member described in paragraph (1) is required under a court order or spousal agreement to provide an annuity to a former spouse upon becoming eligible to be a participant in the Plan or has made an election under subsection (b) to provide an annuity to a former spouse, the Secretary— In any case in which a person is required to make a designation under this subsection, the person shall designate whether, in the event he dies before becoming 60 years of age, the annuity provided shall become effective on— The Secretary concerned shall pay an annuity under this subchapter to the surviving spouse of a person who— is eligible to provide a reserve-component annuity and dies— If a person described in paragraph (1) is required under a court order or spousal agreement to provide an annuity to a former spouse upon becoming eligible to be a participant in the Plan or has made an election under subsection (b) to provide an annuity to a former spouse, the Secretary— A person— The amount referred to in paragraph (2) is the amount equal to the difference between—