[Code of Federal Regulations]

[Title 32, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 32CFR48.401]



[Page 314-315]

 

                       TITLE 32--NATIONAL DEFENSE

 

              CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE

 

PART 48_RETIRED SERVICEMAN'S FAMILY PROTECTION PLAN--Table of Contents

 

                   Subpart D_Reduction of Retired Pay

 

Sec.  48.401  Computation of reduction.





    (a) The reduction to be made in the retired pay of a member who has 

made an election shall be computed by the uniformed service concerned in 

each individual case, based upon tables of factors prepared by the Board 

of Actuaries. The computation shall be based upon the applicable table 

in effect on the date of retirement.

    (b) An adjustment may be made in the reduction of retired pay upon 

the finding of an administrative error or a mistake of fact (see Sec.  

48.603).

    (c) If a member elects to be covered by option 3, and on the date he 

is awarded retired pay has no children eligible to receive the annuity, 

or has only a child or children aged 18-22 (other than a child described 

in Sec.  48.102(e)(4) and elects, at retirement, that such child or 

children shall not be considered to be eligible beneficiaries, he shall 

have his costs computed as though he had elected option 1. If he elects 

option 3, and on the date he is awarded retired pay has no wife eligible 

for the annuity, he shall have his costs computed as though he had 

elected option 2.

    (d) If a member elects option 3, and after he becomes entitled to 

retired pay, there is no eligible spouse because of death or divorce, 

upon the retired member's application, no deductions from his retired 

pay shall be made after the last day of the month in which there ceases 

to be an eligible spouse. Children otherwise eligible will continue to 

be eligible for the annuity in event of the member's death. No amounts 

by which the member's retired pay is reduced before that date may be 

refunded to or credited on behalf of that person.

    (e) The amount of reduction in retired pay and the annuity payable 

established for each individual at the time of his retirement shall 

remain unaltered except as provided in Sec.  48.203(g), paragraphs (b) 

and (d) of this



[[Page 315]]



section, and Sec.  48.406, regardless of future pay increases or 

decreases.