Notes on 10 U.S.C. § 1447 : US Code - Notes

Search Notes on 10 U.S.C. § 1447 : US Code - Notes

(Added Pub. L. 92-425, Sec. 1(3), Sept. 21, 1972, 86 Stat. 706;
amended Pub. L. 94-496, Sec. 1(1), Oct. 14, 1976, 90 Stat. 2375;
Pub. L. 95-397, title II, Sec. 201, Sept. 30, 1978, 92 Stat. 843;
Pub. L. 96-402, Sec. 2, Oct. 9, 1980, 94 Stat. 1705; Pub. L. 97-
252, title X, Sec. 1003(a), Sept. 8, 1982, 96 Stat. 735; Pub. L.
98-94, title IX, Sec. 941(c)(1), Sept. 24, 1983, 97 Stat. 653; Pub.
L. 99-145, title VII, Secs. 719(1), (2), 721(b), Nov. 8, 1985, 99
Stat. 675, 676; Pub. L. 99-348, title III, Sec. 301(a)(1), July 1,
1986, 100 Stat. 702; Pub. L. 99-661, div. A, title XIII, Sec.
1343(a)(8)(A), Nov. 14, 1986, 100 Stat. 3992; Pub. L. 100-180, div.
A, title XII, Sec. 1231(17), Dec. 4, 1987, 101 Stat. 1161; Pub. L.
101-189, div. A, title XIV, Sec. 1407(a)(1)-(3), Nov. 29, 1989, 103
Stat. 1588; Pub. L. 101-510, div. A, title XIV, Sec.
1484(l)(4)(C)(i), Nov. 5, 1990, 104 Stat. 1720; Pub. L. 103-337,
div. A, title XVI, Sec. 1671(d), Oct. 5, 1994, 108 Stat. 3014; Pub.
L. 104-201, div. A, title VI, Sec. 634, Sept. 23, 1996, 110 Stat.
2551.)
REFERENCES IN TEXT
Chapter 67 of this title as in effect before the effective date
of the Reserve Officer Personnel Management Act, referred to in
par. (5), means chapter 67 (Sec. 1331 et seq.) of this title prior
to its transfer to part II of subtitle E of this title, its
renumbering as chapter 1223, and its general revision by section
1662(j)(1) of Pub. L. 103-337. A new chapter 67 (Sec. 1331) of this
title was added by section 1662(j)(7) of Pub. L. 103-337. For
effective date of the Reserve Officer Personnel Management Act
(Pub. L. 103-337, title XVI), see section 1691 of Pub. L. 103-337,
set out as an Effective Date note under section 10001 of this
title.
AMENDMENTS
1996 - Pub. L. 104-201 amended section generally, making changes
in the order, style, and substance of definitions of terms used in
this subchapter and adding definition of "surviving spouse".
1994 - Par. (2)(C). Pub. L. 103-337, Sec. 1671(d)(2), substituted
"12731(d)" for "1331(d)".
Par. (14). Pub. L. 103-337, Sec. 1671(d)(1), substituted "chapter
1223 of this title (or under chapter 67 of this title as in effect
before the effective date of the Reserve Officer Personnel
Management Act)" for "chapter 67 of this title".
1990 - Par. (5). Pub. L. 101-510 made technical correction to
directory language of Pub. L. 101-189, Sec. 1407(a)(1)(A), see 1989
Amendment note below.
1989 - Par. (2)(B). Pub. L. 101-189, Sec. 1407(a)(2), substituted
"reserve-component retired pay" for "retired pay under chapter 67
of this title".
Par. (2)(C)(i). Pub. L. 101-189, Sec. 1407(a)(3), struck out "or
retainer" after "eligible for retired".
Par. (2)(C)(ii). Pub. L. 101-189, Sec. 1407(a)(2), substituted
"reserve-component retired pay" for "retired pay under chapter 67
of this title".
Pars. (3), (4). Pub. L. 101-189, Sec. 1407(a)(3), struck out "or
retainer" after "eligible for retired".
Par. (5). Pub. L. 101-189, Sec. 1407(a)(1)(A), as amended by Pub.
L. 101-510, substituted "this paragraph" for "this clause" in three
places in concluding provisions.
Par. (11). Pub. L. 101-189, Sec. 1407(a)(1)(B), inserted "paid
under section 6330 of this title" after "retainer pay".
Par. (14). Pub. L. 101-189, Sec. 1407(a)(1)(C), added par. (14).
1987 - Pub. L. 100-180 inserted "The term" after each par.
designation and revised first word in quotes in pars. (2) to (13)
to make initial letter of such word lowercase.
1986 - Par. (2)(A). Pub. L. 99-661 substituted "retired pay" for
"retired or retainer pay" in two places in provisions preceding cl.
(i).
Pub. L. 99-348 inserted "(determined without regard to any
reduction under section 1409(b)(2) of this title)".
1985 - Par. (2)(C). Pub. L. 99-145, Sec. 721(b), inserted "(with
the concurrence of the person's spouse, if required under section
1448(a)(3) of this title)" after "designated by the person".
Par. (2)(C)(i). Pub. L. 99-145, Sec. 719(2)(A), substituted "a
standard annuity" for "an annuity by virtue of eligibility under
section 1448(a)(1)(A) of this title".
Par. (2)(C)(ii). Pub. L. 99-145, Sec. 719(2)(B), substituted "a
reserve-component annuity" for "an annuity by virtue of eligibility
under section 1448(a)(1)(B) of this title".
Pars. (11) to (13). Pub. L. 99-145, Sec. 719(1), added pars. (11)
to (13).
1983 - Par. (8). Pub. L. 98-94 substituted "or annulment" for
"annulment, or legal separation," in two places.
1982 - Pars. (6) to (10). Pub. L. 97-252 added pars. (6) to (10).
1980 - Par. (2). Pub. L. 96-402 inserted in subpar. (C) "but
which is not less than $300" after "under the Plan", substituted a
period at end of subpar. (C) for ", but not less than $300;", and
struck out following subpar. (C) "as increased from time to time
under section 1401a of this title."
1978 - Par. (2). Pub. L. 95-397 inserted "in the case of a person
who dies after becoming entitled to retired or retainer pay" before
"the amount" and substituted "pay to which the person" for "pay to
which a person" in subpar. (A), substituted "in the case of a
person who would have become eligible for retired pay under chapter
67 of this title but for the fact that he died before becoming 60
years of age, the amount of monthly retired pay for which the
person would have been eligible - " for "any amount less than that
described by clause (A) designated by that person on or before the
first day for which he became eligible for retired or retainer pay,
but not less than $300" in subpar. (B), and added subpars. (B)(i),
(ii) and (C).
1976 - Pars. (3)(A), (4)(A). Pub. L. 94-496 substituted "one
year" for "two years".
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as
otherwise provided, see section 1691 of Pub. L. 103-337, set out as
an Effective Date note under section 10001 of this title.
EFFECTIVE DATE OF 1990 AMENDMENT
Section 1484(l)(4)(C) of Pub. L. 101-510 provided that the
amendment made by that section is effective Nov. 29, 1989.
EFFECTIVE DATE OF 1985 AMENDMENT
Section 731 of title VII of Pub. L. 99-145 provided that:
"(a) Effective Date. - Except as otherwise provided in this
title, the amendments made by this title [see Short Title of 1985
Amendment note below] shall take effect on the first day of the
first month beginning more than 90 days after the date of the
enactment of this Act [Nov. 8, 1985].
"(b) Prospective Benefits Only. - No benefit shall accrue to any
person by reason of the enactment of this title for any period
before the effective date under subsection (a)."
EFFECTIVE DATE OF 1982 AMENDMENT; TRANSITION PROVISIONS
Amendment by Pub. L. 97-252 effective Feb. 1, 1983, and
applicable to persons becoming eligible to participate in Survivor
Benefit Plan provided for in this subchapter before, on, or after
Feb. 1, 1983, see section 1006 of Pub. L. 97-252, set out as an
Effective Date; Transition Provisions note under section 1408 of
this title.
EFFECTIVE DATE OF 1980 AMENDMENT
Section 7 of Pub. L. 96-402 provided that: "The amendments made
by sections 2, 3, and 4 of this Act [amending this section and
sections 1451 and 1452 of this title] and the provisions of section
5 of this Act [set out as a note under section 1448 of this title]
shall be effective on the first day of the second calendar month
following the month in which this Act is enacted [October 1980] and
shall apply to annuities payable by virtue of such amendments and
provisions for months beginning on or after such date. No benefits
shall accrue to any person by virtue of the enactment of this Act
[Pub. L. 96-402] for any period before the date of the enactment of
this Act [Oct. 9, 1980]."
EFFECTIVE DATE OF 1978 AMENDMENT
Section 210 of title II of Pub. L. 95-397 provided that:
"(a) Except as provided in subsection (b), the provisions of this
title [amending this section and sections 1331 [now 12731] and 1448
to 1452 of this title and enacting provisions set out as notes
under this section and section 1448 of this title] and the
amendments made by this title shall take effect on October 1, 1978,
or on the date of the enactment of this Act [Sept. 30, 1978],
whichever is later, and shall apply to annuities payable by virtue
of such amendments for months beginning on or after such date.
"(b) The amendment made by section 206 [amending section 1331
[now 12731] of this title] shall apply to notifications under
section 1331(d) [now 12731(d)] of title 10, United States Code,
after the date of the enactment of this Act [Sept. 30, 1978]."
EFFECTIVE DATE OF 1976 AMENDMENT
Section 3 of Pub. L. 94-496 provided that: "This Act [amending
this section and sections 1448, 1450, 1451, and 1452 of this title,
and amending provisions set out as a note under section 1448 of
this title] shall be effective as of September 21, 1972. No pay
shall accrue to any person by virtue of the enactment of this Act
for any period prior to October 1, 1976."
SHORT TITLE OF 1989 AMENDMENT
Section 1401 of title XIV of Pub. L. 101-189 provided that: "This
title [enacting subchapter III of this chapter, amending this
section and sections 1331 [now 12731], 1448 to 1452, and 1454 of
this title and section 3101 [now 5301] of Title 38, Veterans'
Benefits, and enacting provisions set out as notes under sections
1448, 1451, 1452, 1456, and 12731 of this title] may be cited as
the 'Military Survivor Benefits Improvement Act of 1989'."
SHORT TITLE OF 1985 AMENDMENT
Section 701 of title VII of Pub. L. 99-145 provided that: "This
title [amending this section and sections 1448, 1450 to 1452, and
1455 of this title, enacting provisions set out as notes under this
section and sections 1448 and 1452 of this title, and repealing a
provision set out as a note under section 1451 of this title] may
be cited as the 'Survivor Benefit Plan Amendments of 1985'."
SHORT TITLE OF 1980 AMENDMENT
Section 1 of Pub. L. 96-402 provided: "That this Act [amending
this section and sections 1451 and 1452 of this title, enacting
provisions set out as notes under this section and section 1448 of
this title, and amending provisions set out as a note under section
1448 of this title] may be cited as the 'Uniformed Services
Survivor Benefits Amendments of 1980'."
END OF 90-DAY PERIOD WITH RESPECT TO CERTAIN INDIVIDUALS
Section 208 of Pub. L. 95-397, as amended by Pub. L. 96-107,
title VIII, Sec. 816, Nov. 9, 1979, 93 Stat. 818, provided that the
90-day period referred to in former sections 1447(2)(C) and
1448(a)(2) and (4)(B) of this title was to be considered to end on
Mar. 31, 1980, for an individual who would have been eligible for
retired pay under former chapter 67 of this title on the effective
date of title II of Pub. L. 95-397 (see Effective Date of 1978
Amendment note above), but for the fact such individual was under
60 years of age, or for an individual who received before Jan. 1,
1980, a notification that such individual had completed the years
of service required for eligibility for such retired pay.