10 U.S.C. § 1448a — Election to discontinue participation: one-year opportunity after second anniversary of commencement of payment of retired pay

(a) A Plan participant may elect to stop participating during the one-year period beginning on the second anniversary of the date retired-pay payments start, subject to this section. (b)(1) A married participant generally may not make that election without the spouse’s agreement. (2) Agreement is unnecessary if the participant proves to the Secretary concerned that one of the conditions in section 1448(a)(3)(C) exists. (3) The spouse’s agreement must be written and contain information required by Defense Department regulations. (c) The restriction in section 1450(f)(2) applies when former-spouse coverage is in effect. (d) The rule in section 1448(b)(1)(D) about withdrawing a discontinuation request applies. (e) The consequence in section 1448(b)(1)(E) applies. (f) The Secretary concerned must notify any former spouse or other natural person previously designated under section 1448(b). (g) The election takes effect on the first day of the first calendar month after the month in which the Secretary receives it. (h) Section 1448(a)(4)(B) and (a)(5)(C), which concern irrevocability, do not prevent this election.