CLARIFICATION OF ELIGIBILITY FOR BENEFITS FOR DEPENDENT VICTIMS OF ABUSE BY MEMBERS OF THE ARMED FORCES PENDING LOSS OF RETIRED PAY.

SEC. 555. CLARIFICATION OF ELIGIBILITY FOR BENEFITS FOR DEPENDENT VICTIMS OF ABUSE BY MEMBERS OF THE ARMED FORCES PENDING LOSS OF RETIRED PAY. (a) Payment Required.—Subsection (h) of section 1408 of title 10, United States Code, is amended— (1) by redesignating paragraph (10) as paragraph (11); and (2) by inserting after paragraph (9) the following new paragraph (10): “(10)(A) For purposes of this subsection, in the case of a member of the armed forces who has been sentenced by a court-martial to receive a punishment that will terminate the eligibility of that member to receive retired pay if executed, the eligibility of that member to receive retired pay may, as determined by the Secretary concerned, be considered terminated effective upon the approval of that sentence by the person acting under section 860(c) of this title (article 60(c) of the Uniform Code of Military Justice). “(B) If each form of the punishment that would result in the termination of eligibility to receive retired pay is later remitted, set aside, or mitigated to a punishment that does not result in the termination of that eligibility, a payment of benefits to the eligible recipient under this subsection that is based on the punishment so vacated, set aside, or mitigated shall cease. The cessation of payments shall be effective as of the first day of the first month following the month in which the Secretary concerned notifies the recipient of such benefits in writing that payment of the benefits will cease. The recipient may not be required to repay the benefits received before that effective date (except to the extent necessary to recoup any amount that was erroneous when paid).”. (b) Administration for the Coast Guard.—Such subsection is further amended— (1) in paragraph (2)(A), by inserting after “Secretary of Defense” the following: “or, for the Coast Guard when it is not operating as a service in the Navy, by the Secretary of Transportation”; and 107 STAT. 1667 (2) in paragraph (8), by inserting before the period at the end the following: “or, in the case of the Coast Guard, out of funds appropriated to the Department of Transportation for payment of retired pay for the Coast Guard”. (c) Effective Date.—The amendments made by this section shall take effect as of October 23, 1992, and shall apply as if the provisions of the paragraph (10) of section 1408(h) of title 10, United States Code, added by such subsection were included in the amendment made by section 653(a)(2) of Public Law 102–484 (106 Stat. 2426).