Federal Register

Executive Order 11687--Delegating functions conferred upon the President by section 1455 of title 10 of the United States Code, establishing the Retired Serviceman's Survivor Benefit Plan

Source: The provisions of Executive Order 11687 of Oct. 11, 1972, appear at 37 FR 21479, 3 CFR, 1971-1975 Comp., p. 729, unless otherwise noted.

By virtue of the authority vested in me by section 1455 of title 10 of the United State Code (as added by section 1 of the act entitled "An Act To amend chapter 73 of title 10, United States Code, to establish a Survivor Benefit Plan, and for other purposes"), section 301 of title 3 of the United States Code, and as President of the United States, it is ordered as follows:

Section 1. The Secretary of Defense, the Secretary of Commerce, the Secretary of Health and Human Services, and the Secretary of Transportation are hereby severally authorized and empowered to perform, without the approval, ratification or other action of the President, the function vested in the President by section 1455 of title 10 of the United States Code of prescribing regulations for the administration of subchapter II of chapter 73 of title 10 of the United States Code. The regulations prescribed by any such Secretary shall relate only to the Department of which the Secretary is the head. However, the regulations prescribed by the Secretaries shall be uniform to the extent practicable, and, in order to achieve that purpose, the regulations of the Secretary of Commerce, the Secretary of Health and Human Services, and the Secretary of Transportation shall be issued only after consultation with the Secretary of Defense.

[Sec. 1 amended by Executive Order 12608 of Sept. 9, 1987, 52 FR 34617, 3 CFR, 1987 Comp., p. 245]

Sec. 2. The regulations shall be in accordance with the provisions of subchapter II of chapter 73 of title 10 of the United States Code, shall be designed to achieve the uniform, equitable, and economical administration of that subchapter, and shall include, along with any other regulations deemed necessary, procedures for:
(1) informing the member and his spouse (when required by section 1448(a) of title 10 of the United States Code), before the date the member becomes entitled to retire or retainer pay, of the elections available and the effects of such elections;
(2) submitting elections and claims;
(3) depositing the amounts referred to in section 1452(d) of title 10 of the United States Code; and;
(4) correcting administrative deficiencies in accordance with section 1454 of title 10 of the United States Code.

Sec. 3. This order shall be effective as of the date of approval of the act entitled "An Act To amend chapter 73 of title 10 of the United States Code, to establish a Survivor Benefit Plan, and for other purposes."


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