Notes on 10 U.S.C. § 1450 : US Code - Notes

Search Notes on 10 U.S.C. § 1450 : US Code - Notes

(Added Pub. L. 92-425, Sec. 1(3), Sept. 21, 1972, 86 Stat. 708;
amended Pub. L. 94-496, Sec. 1(3), (4), Oct. 14, 1976, 90 Stat.
2375; Pub. L. 95-397, title II, Secs. 203, 207(b), (c), Sept. 30,
1978, 92 Stat. 845, 848; Pub. L. 97-22, Sec. 11(a)(3), July 10,
1981, 95 Stat. 137; Pub. L. 97-252, title X, Sec. 1003(c), (d),
Sept. 8, 1982, 96 Stat. 736; Pub. L. 98-94, title IX, Sec.
941(a)(3), (c)(3), Sept. 24, 1983, 97 Stat. 653; Pub. L. 98-525,
title VI, Secs. 642(b), 644, Oct. 19, 1984, 98 Stat. 2546, 2548;
Pub. L. 99-145, title VII, Secs. 713(b), 717, 718, 719(4)-(6),
(8)(A), 722, 723(a), (b)(1), title XIII, Sec. 1303(a)(11), Nov. 8,
1985, 99 Stat. 672, 674-677, 739; Pub. L. 99-661, div. A, title VI,
Secs. 641(a), (b)(2), (3), 643(a), title XIII, Sec. 1343(a)(8)(C),
Nov. 14, 1986, 100 Stat. 3885, 3886, 3992; Pub. L. 100-26, Sec.
3(3), Apr. 21, 1987, 101 Stat. 273; Pub. L. 100-180, div. A, title
VI, Sec. 636(a), Dec. 4, 1987, 101 Stat. 1106; Pub. L. 100-224,
Sec. 5(b)(1), Dec. 30, 1987, 101 Stat. 1538; Pub. L. 101-189, div.
A, title XIV, Sec. 1407(a)(2)-(4), title XVI, Sec. 1621(a)(1), Nov.
29, 1989, 103 Stat. 1588, 1602; Pub. L. 103-337, div. A, title X,
Sec. 1070(e)(3), Oct. 5, 1994, 108 Stat. 2859; Pub. L. 104-201,
div. A, title VI, Sec. 634, Sept. 23, 1996, 110 Stat. 2561; Pub. L.
105-85, div. A, title VI, Sec. 642(a), Nov. 18, 1997, 111 Stat.
1799; Pub. L. 105-261, div. A, title VI, Sec. 643(b), Oct. 17,
1998, 112 Stat. 2048; Pub. L. 106-398, Sec. 1 [[div. A], title VI,
Sec. 655(c)(4)], Oct. 30, 2000, 114 Stat. 1654, 1654A-166.)
AMENDMENTS
2000 - Subsec. (j)(1). Pub. L. 106-398 substituted "A reserve-
component annuity shall be effective in accordance with the
designation made under section 1448(e) of this title by the person
providing the annuity." for "An annuity elected by a person
providing a reserve-component annuity shall be effective in
accordance with the designation made by such person under section
1448(e) of this title."
1998 - Subsec. (f)(3)(D). Pub. L. 105-261 substituted "the day
referred to in section 1448(b)(3)(E)(ii) of this title" for "the
first day of the first month which begins after the date of the
court order or filing involved".
1997 - Subsec. (f)(1)(C). Pub. L. 105-85 inserted at end
"Notwithstanding the preceding sentence, a change of election under
this subsection to provide an annuity to a spouse instead of a
former spouse may (subject to paragraph (2)) be made at any time
after the person providing the annuity remarries without regard to
the time limitation in section 1448(a)(5)(B) of this title."
1996 - Pub. L. 104-201 amended section generally, revising and
restating provisions relating to payment of annuities and
beneficiaries and inserting subsec., par., and subpar. headings.
1994 - Subsecs. (c), (k)(1). Pub. L. 103-337 substituted "section
1311(a) of title 38" for "section 411(a) of title 38".
1989 - Subsec. (f)(3)(B). Pub. L. 101-189, Sec. 1407(a)(4),
substituted "within one year of the date of the court order or
filing involved" for "before October 1, 1985, or within one year of
the date of the court order or filing involved, whichever is
later".
Subsec. (h). Pub. L. 101-189, Sec. 1621(a)(1), substituted
"Department of Veterans Affairs" for "Veterans' Administration".
Subsec. (l)(1). Pub. L. 101-189, Sec. 1407(a)(2), substituted
"reserve-component retired pay" for "retired pay under chapter 67
of this title".
Subsec. (l)(2). Pub. L. 101-189, Sec. 1407(a)(3), struck out "or
retainer" after "of which the retired".
1987 - Subsec. (b). Pub. L. 100-26, Sec. 3(3), made technical
amendment to directory language of Pub. L. 99-661, Sec. 643(a). See
1986 Amendment note below.
Subsec. (f)(3)(A). Pub. L. 100-224 struck out second of two
commas after "required by a court order to make such an election".
Subsec. (k)(1). Pub. L. 100-180 substituted "55 years of age" for
"60 years of age".
1986 - Subsec. (b). Pub. L. 99-661, Sec. 643(a), as amended by
Pub. L. 100-26, Sec. 3(3), substituted "age 55" for "age 60" in two
places.
Subsec. (c). Pub. L. 99-661, Sec. 1343(a)(8)(C), substituted
"entitled to dependency and indemnity compensation" for "entitled
to compensation".
Subsec. (f)(2). Pub. L. 99-661, Sec. 641(b)(2)(A), substituted
"is required by a court order to elect under section 1448(b) of
this title to provide an annuity to a former spouse (or to both a
former spouse and child), or who enters into a written agreement
(whether voluntary or required by a court order) to make such an
election, and who makes an election pursuant to such order or
agreement," for "enters into a voluntary written agreement to elect
under section 1448(b) of this title to provide an annuity to a
former spouse and who makes an election pursuant to such
agreement".
Subsec. (f)(2)(A). Pub. L. 99-661, Sec. 641(b)(2)(B), substituted
"in a case in which the election is required by a court order, or
in which an agreement to make the election" for "in a case in which
such agreement".
Subsec. (f)(2)(A)(i). Pub. L. 99-661, Sec. 641(b)(2)(C),
substituted "relating to such election, or the agreement to make
such election," for "relating to the agreement to make such
election".
Subsec. (f)(2)(B). Pub. L. 99-661, Sec. 641(b)(2)(D), substituted
"of a written agreement that" for "in which such agreement".
Subsec. (f)(3)(A). Pub. L. 99-661, Sec. 641(b)(3), struck out
"voluntary" before "written agreement" in two places, inserted "or
if such person is required by a court order to make such an
election," after "applicable" and inserted "requires such election
or" after "on its face, which".
Subsec. (f)(4). Pub. L. 99-661, Sec. 641(a), amended par. (4)
generally. Prior to amendment, par. (4) read as follows: "Nothing
in this chapter authorizes any court to order any person to elect
under section 1448(b) of this title to provide an annuity to a
former spouse unless such person has voluntarily agreed in writing
to make such election."
1985 - Subsec. (a)(1), (2). Pub. L. 99-145, Sec. 723(a)(1),
inserted "or the eligible former spouse" after "widow or widower".
Subsec. (a)(3). Pub. L. 99-145, Sec. 723(a)(2), inserted "(with
the concurrence of the person's spouse, if required under section
1448(a)(3) of this title)" after "title applies", and "or former
spouse" after "the spouse".
Subsec. (a)(4). Pub. L. 99-145, Sec. 723(a)(3), struck out
"former spouse or other" before "natural person" in two places.
Subsec. (b). Pub. L. 99-145, Sec. 723(b)(1), substituted "widow,
widower, or former spouse" for "widow or widower" in eight places.
Pub. L. 99-145, Sec. 719(4), substituted "under the Plan" for
"under this section".
Subsec. (c). Pub. L. 99-145, Sec. 723(b)(1), substituted "widow,
widower, or former spouse" for "widow or widower" in two places.
Pub. L. 99-145, Sec. 718, inserted provision respecting the
effective date of the dependency and indemnity compensation offset.
Subsec. (d). Pub. L. 99-145, Sec. 719(8)(A), substituted "retired
pay" for "retired or retainer pay".
Subsec. (e). Pub. L. 99-145, Sec. 719(8)(A), substituted "retired
pay" for "retired or retainer pay" in two places.
Pub. L. 99-145, Sec. 723(b)(1), substituted "widow, widower, or
former spouse" for "widow or widower" in two places.
Subsec. (f)(3)(A). Pub. L. 99-145, Sec. 722(1), inserted "or has
been filed with the court of appropriate jurisdiction in accordance
with applicable State law" after "by a court order" and "or
receives a statement from the clerk of the court (or other
appropriate official) that such agreement has been filed with the
court in accordance with applicable State law" after "voluntary
written agreement of such person".
Subsec. (f)(3)(B), (C). Pub. L. 99-145, Sec. 722(2), inserted "or
filing" after "court order".
Subsec. (i). Pub. L. 99-145, Sec. 1303(a)(11)(A), substituted
"subsection (l)(3)(B)" for "subsection (l)".
Subsec. (j). Pub. L. 99-145, Sec. 719(5), substituted "a person
providing a reserve-component annuity" for "any person providing an
annuity by virtue of eligibility under section 1448(a)(1)(B) of
this title".
Pub. L. 99-145, Sec. 713(b), inserted provision respecting the
effective date of an annuity payable under section 1448(f) of this
title.
Subsec. (k). Pub. L. 99-145, Sec. 723(b)(1), substituted "widow,
widower, or former spouse" for "widow or widower" wherever
appearing.
Subsec. (k)(1). Pub. L. 99-145, Sec. 717(1), (2), designated
existing provisions as par. (1) and substituted "had never been
made." for "had never been made, but such readjustment may not be
made until the widow or widower repays any amount refunded under
subsection (e) by reason of the adjustment under subsection (c)."
Subsec. (k)(2). Pub. L. 99-145, Sec. 717(3), added par. (2).
Subsec. (l)(1). Pub. L. 99-145, Sec. 719(6)(A), (8)(A),
substituted in first sentence "the Plan" for "the plan" in two
places, and substituted "retired pay" for "retired or retainer pay"
before "has been suspended".
Subsec. (l)(2). Pub. L. 99-145, Sec. 719(6)(B), struck out "the
provision of" before "this subchapter".
Subsec. (l)(3)(A). Pub. L. 99-145, Sec. 1303(a)(11)(B), struck
out "(notwithstanding subsection (h))" before "may be collected".
Subsec. (l)(3)(A)(i). Pub. L. 99-145, Sec. 719(8)(A), substituted
"retired pay" for "retried or retainer pay".
1984 - Subsec. (f)(3), (4). Pub. L. 98-525, Sec. 644, added par.
(3) and redesignated former par. (3) as (4).
Subsec. (i). Pub. L. 98-525, Sec. 642(b)(1), substituted "Except
as provided in subsection (l), an" for "An".
Subsec. (l). Pub. L. 98-525, Sec. 642(b)(2), added subsec. (l).
1983 - Subsec. (a)(4). Pub. L. 98-94, Sec. 941(a)(3)(A), struck
out "at the time the person to whom section 1448 applies became
entitled to retired or retainer pay" after "section 1448(b) of this
title".
Subsec. (f)(1). Pub. L. 98-94, Sec. 941(a)(3)(B), inserted
"(without regard to the eligibility of the person making the change
of election to make an election under such section)" after "section
1448(a)(5) of this title".
Pub. L. 98-94, Sec. 941(c)(3)(A), struck out "of this subsection"
after "subject to paragraph (2)".
Subsec. (f)(2). Pub. L. 98-94, Sec. 941(c)(3)(B), substituted "or
annulment," for "annulment, or legal separation,".
1982 - Subsec. (a)(4). Pub. L. 97-252, Sec. 1003(c), substituted
"former spouse or other natural person" for "natural person" and
"unless the election to provide an annuity to the former spouse or
other natural person has been changed as provided in subsection
(f)" for "if there is no eligible beneficiary under clause (1) or
clause (2)".
Subsec. (f). Pub. L. 97-252, Sec. 1003(d), designated existing
provisions as par. (1), substituted "A person who elects to provide
an annuity to a person designated by him under section 1448(b) of
this title may, subject to paragraph (2) of this subsection," for
"An unmarried person who elects to provide an annuity to a person
designated by him under subsection (a)(4), but who later marries or
acquires a dependent child,", inserted provision that the Secretary
concerned notify the former spouse or such other natural person
previously designated under section 1448(b) of any such change in
election, and added pars. (2) and (3).
1981 - Subsec. (d). Pub. L. 97-22 substituted "Office of
Personnel Management" for "Civil Service Commission".
1978 - Subsec. (a). Pub. L. 95-397, Sec. 203(1), inserted "(or on
such other day as he may provide under subsection (j))" after
"death of a person to whom section 1448 of this title applies".
Subsec. (d). Pub. L. 95-397, Sec. 207(b), substituted "section
8339(j)" for "section 8339(i)".
Subsec. (f). Pub. L. 95-397, Sec. 207(c), substituted "section
1448(a)(5)" for "the last three sentences of section 1448(a)".
Subsecs. (j), (k). Pub. L. 95-397, Sec. 203(2), added subsecs.
(j) and (k).
1976 - Subsec. (a)(3), (4). Pub. L. 94-496, Sec. 1(3), added par.
(3) and redesignated former par. (3) as (4).
Subsec. (f). Pub. L. 94-496, Sec. 1(4), substituted "(a)(4)" for
"(a)(3)".
EFFECTIVE DATE OF 1997 AMENDMENT
Section 642(b) of Pub. L. 105-85 provided that: "The amendment
made by subsection (a) [amending this section] shall apply with
respect to marriages occurring before, on, or after the date of the
enactment of this Act [Nov. 18, 1997]."
EFFECTIVE DATE OF 1987 AMENDMENTS
Section 636(b) of Pub. L. 100-180 provided that: "The amendment
made by subsection (a) [amending this section] shall apply as if
included in the amendments made by section 643(a) of the National
Defense Authorization Act for Fiscal Year 1987 (Public Law 99-661;
100 Stat. 3886) [amending this section]."
Amendment by Pub. L. 100-26 applicable as if included in Pub. L.
99-661 when enacted on Nov. 14, 1986, see section 12(a) of Pub. L.
100-26, set out as a note under section 776 of this title.
EFFECTIVE DATE OF 1986 AMENDMENT
Section 641(c) of Pub. L. 99-661 provided that: "The amendments
made by this section [amending this section and section 1448 of
this title] apply to court orders issued on or after the date of
the enactment of this Act [Nov. 14, 1986]."
Section 643(b) of Pub. L. 99-661 provided that: "The amendments
made by subsection (a) [amending this section] shall apply with
respect to remarriages that occur on or after the date of the
enactment of this Act [Nov. 14, 1986], but only with respect to
payments for periods after the date of the enactment of this Act."
EFFECTIVE DATE OF 1985 AMENDMENT
Amendment by title VII of Pub. L. 99-145 effective Mar. 1, 1986,
with prohibition against accrual of benefits to any person by
reason of the enactment of such title VII for any period before
Mar. 1, 1986, see section 731 of Pub. L. 99-145, set out as a note
under section 1447 of this title.
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 1978 AMENDMENT
Amendment by Pub. L. 95-397 effective Oct. 1, 1978, and
applicable to annuities payable by virtue of amendment for months
beginning on or after such date, see section 210 of Pub. L. 95-397,
set out as a note under section 1447 of this title.
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by Pub. L. 94-496 effective Sept. 21, 1972, see section
3 of Pub. L. 94-496, set out as a note under section 1447 of this
title.
RECOMPUTATION OF ANNUITIES
Pub. L. 108-375, div. A, title VI, Sec. 644(c), Oct. 28, 2004,
118 Stat. 1961, provided that:
"(1) Periodic recomputation required. - Effective on the first
day of each month specified in paragraph (2) -
"(A) each annuity under section 1450 of title 10, United States
Code, that commenced before that month, is computed under a
provision of section 1451 of that title amended by subsection
(a), and is payable for that month shall be recomputed so as to
be equal to the amount that would be in effect if the percent
applicable for that month under that provision, as so amended,
had been used for the initial computation of the annuity; and
"(B) each supplemental survivor annuity under section 1457 of
such title that commenced before that month and is payable for
that month shall be recomputed so as to be equal to the amount
that would be in effect if the percent applicable for that month
under that section, as amended by this section, had been used for
the initial computation of the supplemental survivor annuity.
"(2) Time for recomputation. - The requirement under paragraph
(1) for recomputation of certain annuities applies with respect to
the following months:
"(A) October 2005.
"(B) April 2006.
"(C) April 2007.
"(D) April 2008."
EFFECTUATION OF INTENDED SBP ANNUITY FOR FORMER SPOUSE WHEN NOT
ELECTED BY REASON OF UNTIMELY DEATH OF RETIREE
Pub. L. 106-65, div. A, title VI, Sec. 657, Oct. 5, 1999, 113
Stat. 668, as amended by Pub. L. 106-398, Sec. 1 [[div. A], title
X, Sec. 1087(c)(1)(D)], Oct. 30, 2000, 114 Stat. 1654, 1654A-292,
provided that:
"(a) Cases Not Covered by Existing Authority. - Paragraph (3) of
section 1450(f) of title 10, United States Code, as in effect on
the date of the enactment of this Act [Oct. 5, 1999], shall apply
in the case of a former spouse of any person referred to in that
paragraph who -
"(1) incident to a proceeding of divorce, dissolution, or
annulment -
"(A) entered into a written agreement on or after August 19,
1983, to make an election under section 1448(b) of such title
to provide an annuity to the former spouse (the agreement
thereafter having been incorporated in or ratified or approved
by a court order or filed with the court of appropriate
jurisdiction in accordance with applicable State law); or
"(B) was required by a court order dated on or after such
date to make such an election for the former spouse; and
"(2) before making the election, died within 21 days after the
date of the agreement referred to in paragraph (1)(A) or the
court order referred to in paragraph (1)(B), as the case may be.
"(b) Adjusted Time Limit for Request by Former Spouse. - For the
purposes of paragraph (3)(C) of section 1450(f) of title 10, United
States Code, a court order or filing referred to in subsection
(a)(1) of this section that is dated before October 19, 1984, shall
be deemed to be dated on the date of the enactment of this Act
[Oct. 5, 1999]."
[Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec. 1087(c)(2)],
Oct. 30, 2000, 114 Stat. 1654, 1654A-292, provided that: "In the
case of any former spouse to whom paragraph (3) of section 1450(f)
of title 10, United States Code, applies by reason of the amendment
made by paragraph (1)(D) [amending section 657 of Pub. L. 106-65,
set out above], the provisions of subsection (b) of section 657 of
the National Defense Authorization Act for Fiscal Year 2000 [Pub.
L. 106-65, set out above] shall be applied by using the date of the
enactment of this Act [Oct. 30, 2000], rather than the date of the
enactment of that Act [Oct. 5, 1999]."]