Notes on 10 U.S.C. § 1451 : US Code - Notes

Search Notes on 10 U.S.C. § 1451 : US Code - Notes

(Added Pub. L. 92-425, Sec. 1(3), Sept. 21, 1972, 86 Stat. 709;
amended Pub. L. 94-496, Sec. 1(4), Oct. 14, 1976, 90 Stat. 2375;
Pub. L. 95-397, title II, Sec. 204, Sept. 30, 1978, 92 Stat. 846;
Pub. L. 96-402, Sec. 3, Oct. 9, 1980, 94 Stat. 1705; Pub. L. 97-22,
Sec. 11(a)(4), July 10, 1981, 95 Stat. 137; Pub. L. 98-94, title
IX, Sec. 922(a)(14)(B), Sept. 24, 1983, 97 Stat. 642; Pub. L. 98-
525, title VI, Sec. 641(a), Oct. 19, 1984, 98 Stat. 2545; Pub. L.
99-145, title VII, Sec. 711(a), (b), Nov. 8, 1985, 99 Stat. 666,
670; Pub. L. 99-348, title III, Sec. 301(a)(2), (b), (c), July 1,
1986, 100 Stat. 702; Pub. L. 99-661, div. A, title VI, Sec. 642(b),
title XIII, Sec. 1343(a)(8)(D), Nov. 14, 1986, 100 Stat. 3886,
3992; Pub. L. 100-26, Sec. 7(h)(1), Apr. 21, 1987, 101 Stat. 282;
Pub. L. 100-224, Sec. 3(a), (c), Dec. 30, 1987, 101 Stat. 1537;
Pub. L. 100-456, div. A, title VI, Sec. 652(a), Sept. 29, 1988, 102
Stat. 1991; Pub. L. 101-189, div. A, title XIV, Secs. 1403(a),
1407(a)(5)-(8), (b)(1), Nov. 29, 1989, 103 Stat. 1579, 1588, 1589;
Pub. L. 103-337, div. A, title X, Sec. 1070(e)(4), Oct. 5, 1994,
108 Stat. 2859; Pub. L. 104-201, div. A, title VI, Sec. 634, Sept.
23, 1996, 110 Stat. 2566; Pub. L. 105-85, div. A, title X, Sec.
1073(a)(28), Nov. 18, 1997, 111 Stat. 1901; Pub. L. 106-65, div. A,
title VI, Sec. 643(a)(1), Oct. 5, 1999, 113 Stat. 663; Pub. L. 107-
107, div. A, title VI, Sec. 642(b), (c)(2), Dec. 28, 2001, 115
Stat. 1152; Pub. L. 107-314, div. A, title X, Sec. 1062(a)(6), Dec.
2, 2002, 116 Stat. 2650; Pub. L. 108-375, div. A, title VI, Sec.
644(a), Oct. 28, 2004, 118 Stat. 1960.)
REFERENCES IN TEXT
The Social Security Act, referred to in subsec. (e)(3)(A),
(4)(A), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended.
Title II of the Social Security Act is classified generally to
subchapter II (Sec. 401 et seq.) of chapter 7 of Title 42, The
Public Health and Welfare. For complete classification of this Act
to the Code, see section 1305 of Title 42 and Tables.
Section 6413(c) of the Internal Revenue Code of 1986, referred to
in subsec. (e)(4)(B)(ii), is classified to section 6413(c) of Title
26, Internal Revenue Code.
AMENDMENTS
2004 - Subsec. (a)(1)(B)(i). Pub. L. 108-375, Sec. 644(a)(1)(A),
substituted "the product of the base amount and the percent
applicable to the month, as follows:" and subcls. (I) to (V) for
"35 percent of the base amount."
Subsec. (a)(1)(B)(ii). Pub. L. 108-375, Sec. 644(a)(1)(B), struck
out ", at the time the beneficiary becomes entitled to the
annuity," after "subsection (e) and if".
Subsec. (a)(2)(B)(i)(I). Pub. L. 108-375, Sec. 644(a)(2),
substituted "the percent specified under subsection (a)(1)(B)(i) as
being applicable for the month" for "35 percent".
Subsec. (c)(1)(B)(i). Pub. L. 108-375, Sec. 644(a)(3)(A),
substituted "the applicable percent" for "35 percent" and inserted
at end "The percent applicable for a month under the preceding
sentence is the percent specified under subsection (a)(1)(B)(i) as
being applicable for that month."
Subsec. (c)(1)(B)(ii). Pub. L. 108-375, Sec. 644(a)(3)(B), struck
out ", at the time the beneficiary becomes entitled to the
annuity," after "subsection (e) and if".
Subsec. (d)(2)(A). Pub. L. 108-375, Sec. 644(a)(4), substituted
"Computation of annuity" for "35 percent annuity" in heading.
2002 - Subsec. (c)(3). Pub. L. 107-314 struck out "section"
before "clause (ii)".
2001 - Subsec. (c)(1)(A). Pub. L. 107-107, Sec. 642(b)(1),
substituted "when he died determined as follows:" and cls. (i) to
(iii) for "based upon his years of active service when he died."
Subsec. (c)(1)(B)(i). Pub. L. 107-107, Sec. 642(b)(2),
substituted "as determined under subparagraph (A)" for "if the
member or former member had been entitled to that pay based upon
his years of active service when he died".
Subsec. (c)(3). Pub. L. 107-107, Sec. 642(c)(2), substituted
"clause (ii) or (iii) of section 1448(d)(1)(A)" for "1448(d)(1)(B)
or 1448(d)(1)(C)".
1999 - Subsec. (h)(3). Pub. L. 106-65 inserted "of certain
members" after "retirement" in heading.
1997 - Subsec. (a)(2). Pub. L. 105-85 substituted "annuity. - "
for "annuity - " in heading.
1996 - Pub. L. 104-201 amended section generally, revising and
restating provisions relating to amounts of annuities and inserting
subsec., par., and subpar. headings.
1994 - Subsec. (c)(2). Pub. L. 103-337 substituted "section
1311(a) of title 38" for "section 411(a) of title 38".
1989 - Subsec. (c)(3). Pub. L. 101-189, Sec. 1403(a), amended
par. (3) generally. Prior to amendment, par. (3) read as follows:
"In the case of an annuity provided by a member described in
section 1448(d)(1)(C) of this title, the retired pay to which the
member would have been entitled when he died shall be determined
based upon the rate of basic pay in effect at the time of death for
the highest grade other than a commissioned officer grade in which
the member served on active duty satisfactorily, as determined by
the Secretary concerned."
Subsec. (c)(4). Pub. L. 101-189, Sec. 1407(a)(5), inserted "by
reason of the service of a person who first became a member of a
uniformed service before September 8, 1980".
Subsec. (e)(1). Pub. L. 101-189, Sec. 1407(a)(6), substituted
"beneficiaries under the Plan" for "beneficiaries under the plan"
in introductory provisions.
Subsec. (e)(1)(B). Pub. L. 101-189, Sec. 1407(a)(7), in cl. (i),
substituted "was" for "is", in cl. (ii), substituted "was" for "is"
in two places and "had" for "has", and in cl. (iii), substituted
"would have been" for "would be" and "was" for "is".
Subsec. (e)(2)(A), (B). Pub. L. 101-189, Sec. 1407(a)(8), struck
out "(as the base amount is adjusted from time to time under
section 1401a of this title)" after "base amount".
Subsec. (e)(3)(A), (4)(A). Pub. L. 101-189, Sec. 1407(b)(1),
inserted "or former spouse" after "widow or widower".
1988 - Subsec. (e)(1). Pub. L. 100-456 substituted "widow,
widower, or former spouse" for "widow or widower" in subpar. (A),
and inserted "or former spouse" after "A spouse" in subpar. (B).
1987 - Subsec. (a)(1)(A), (B), (2)(A), (B). Pub. L. 100-224, Sec.
3(a)(2), struck out "(as the base amount is adjusted from time to
time under section 1401a of this title)" after "base amount".
Subsec. (e)(4)(B)(ii). Pub. L. 100-26 substituted "Internal
Revenue Code of 1986" for "Internal Revenue Code of 1954".
Subsec. (h). Pub. L. 100-224, Sec. 3(a)(1), designated existing
provisions of subsec. (h) as par. (3) and added pars. (1) and (2).
Subsec. (i). Pub. L. 100-224, Sec. 3(c), substituted "so as to be
the amount equal to the amount of the annuity that would be in
effect on that date if increases under subsection (h)(1) in the
base amount applicable to that annuity to the time of the death of
the member or former member, and increases in such annuity under
subsection (g)(1), had been computed as provided in paragraph (2)
of section 1401a(b) of this title (rather than under paragraph (3)
of that section)" for "on the basis of the amount of retired pay to
which the member or former member would have been entitled upon
recomputation of such pay effective on such date under section 1410
of this title, had the member or former member attained such age".
1986 - Subsec. (a)(1)(A). Pub. L. 99-661, Sec. 1343(a)(8)(D),
substituted "section" for "subsection" before "1401a of this
title".
Pub. L. 99-661, Sec. 642(b)(1)(A), inserted "or is a dependent
child".
Subsec. (a)(1)(B). Pub. L. 99-661, Sec. 642(b)(1)(B), inserted
"(other than a dependent child)".
Subsec. (a)(2)(A). Pub. L. 99-661, Sec. 642(b)(1)(A), inserted
"or is a dependent child".
Subsec. (a)(2)(B). Pub. L. 99-661, Sec. 642(b)(1)(B), inserted
"(other than a dependent child)".
Subsec. (c)(1)(A). Pub. L. 99-661, Sec. 642(b)(2)(A), inserted
"or is a dependent child".
Subsec. (c)(1)(B). Pub. L. 99-661, Sec. 642(b)(2)(B), inserted
"(other than a dependent child)".
Subsec. (g)(1). Pub. L. 99-348, Sec. 301(b), struck out "by the
same total percent" after "same time" in first sentence, and
inserted provision that the increase, in the case of any annuity,
be by the same percent as the percent by which the retired pay of
the person providing the annuity would have been increased at such
time if the person were alive, and otherwise entitled to such pay.
Subsecs. (h), (i). Pub. L. 99-348, Sec. 301(a)(2), (c), added
subsecs. (h) and (i).
1985 - Pub. L. 99-145, Sec. 711(a), amended section generally,
eliminating the social security offset to the Plan and establishing
a two-tier system under which the beneficiary would receive 55
percent of retired pay before age 62 and 35 percent thereafter in
recognition of the entitlement to social security based on military
service, and providing benefits to certain beneficiaries under
either the old social security offset system or the new two-tier
system, whichever is higher.
Subsec. (a)(3). Pub. L. 99-145, Sec. 711(b), repealed Pub. L. 98-
525, Sec. 641(a), effective Sept. 1, 1985. See 1984 Amendment note
below.
1984 - Subsec. (a)(3). Pub. L. 98-525, Sec. 641(a), which
substituted "is entitled" for "would be entitled" after "widow or
widower" in first sentence and inserted "or to the extent that the
benefit to which the beneficiary is entitled is based on the
beneficiary's own earnings or self-employment" at end of second
sentence, was repealed effective Sept. 1, 1985, by Pub. L. 99-145,
Sec. 711(b). See Effective Date of 1984 Amendment note below.
1983 - Subsec. (e). Pub. L. 98-94 added subsec. (e).
1981 - Subsec. (a)(4). Pub. L. 97-22 substituted "December 1,
1980" for "the effective date of the Uniformed Services Survivor
Benefits Amendments of 1980".
1980 - Subsec. (a). Pub. L. 96-402, Sec. 3(a), in revising
subsec. (a), designated as par. (1)(A) and (B) existing first
sentence containing cls. (1) and (2) and provided in subpar. (A)
for adjustment of the annuity from time to time under section 1401a
of this title and in subpar. (B) for a similar adjustment after the
date the person becomes entitled to retired pay under chapter 67 of
this title; designated as par. (2) existing second sentence but
provided for reduction of the annuity by the lesser of amounts
indicated in subpar. (A) or (B), previously limited to reduction by
amount prescribed in predecessor of subpar. (A) provision;
designated existing third and fourth sentences as par. (3) and
inserted annuity reduction provision described for par. (2); and
added par. (4).
Subsec. (c). Pub. L. 96-402, Sec. 3(b), substituted in first
sentence "this section or under section 1448(d) of this title" for
"this section, or section 1448(d) of this title, on the day before
the effective day of that increase" and in second sentence "title
or under" for "title, or" before "subsection (a)".
Subsec. (d). Pub. L. 96-402, Sec. 3(c), substituted reference to
"subsection (a)(1)(B)" for "subsection (a)(2)".
1978 - Subsec. (a). Pub. L. 95-397, Sec. 204(a), (b), substituted
"The monthly annuity payable to a widow, widower, or dependent
child who is entitled under section 1450(a) of this title to an
annuity shall be - " for "If the widow or widower is under age 62
or there is a dependent child, the monthly annuity payable to the
widow, widower, or dependent child, under section 1450 of this
title shall be equal to 55 percent of the base amount.", and added
pars. (1) and (2), and substituted "For the purpose of the
preceding sentence, a widow or widower shall not be considered as
entitled to a benefit under subchapter II of chapter 7 of title 42
to the extent that such benefit has been offset by deductions under
section 403 of title 42 on account of work" for "For the purpose of
the preceding sentence, a widow or widower shall be considered as
entitled to a benefit under subchapter II of chapter 7 of title 42
even though that benefit has been offset by deductions under
section 403 of title 42 on account of work".
Subsec. (b). Pub. L. 95-397, Sec. 204(c), substituted "The
monthly annuity payable under section 1450(a)(4) of this title
shall be - " for "The monthly annuity payable under section
1450(a)(4) of this title shall be 55 percent of the retired or
retainer pay of the person who elected to provide that annuity
after the reduction in that retired or retainer pay in accordance
with section 1452(c) of this title.", added pars. (1) and (2) and
provision following par. (2) relating to the entitlement to
retirement pay, and computation thereof, by a person who provided
an annuity and who dies before becoming 60 years of age.
Subsec. (d). Pub. L. 95-397, Sec. 204(d), added subsec. (d).
1976 - Subsec. (b). Pub. L. 94-496 substituted "(a)(4)" for
"(a)(3)".
EFFECTIVE DATE OF 2001 AMENDMENT
Amendment by Pub. L. 107-107 effective Sept. 10, 2001, and
applicable with respect to deaths of members of the Armed Forces
occurring on or after that date, see section 642(d) of Pub. L. 107-
107, set out as a note under section 1448 of this title.
EFFECTIVE DATE OF 1999 AMENDMENT
Amendment by Pub. L. 106-65 effective Oct. 1, 1999, see section
644 of Pub. L. 106-65, set out as a note under section 1401a of
this title.
EFFECTIVE DATE OF 1989 AMENDMENT
Section 1407(b)(2) of Pub. L. 101-189 provided that: "The
amendments made by paragraph (1) [amending this section] shall
apply only with respect to the computation of an annuity for a
person who becomes a former spouse under a divorce that becomes
final after the date of the enactment of this Act [Nov. 29, 1989]."
EFFECTIVE DATE OF 1988 AMENDMENT
Section 652(b) of Pub. L. 100-456 provided that: "The amendments
made by subsection (a) [amending this section] shall apply to
payments under the Survivor Benefit Plan established under
subchapter II of chapter 73 of title 10, United States Code, for
periods after February 28, 1986."
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by section 642(b) of Pub. L. 99-661 applicable to
payments for periods after Feb. 28, 1986, see section 642(c) of
Pub. L. 99-661, set out as a note under section 1448 of this title.
EFFECTIVE DATE OF 1985 AMENDMENT
Amendment by section 711(a) 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.
Section 711(b) of Pub. L. 99-145 provided that the repeal of
section 641 of Pub. L. 98-525 [amending this section and enacting
provision set out below] is effective Sept. 1, 1985.
EFFECTIVE DATE OF 1984 AMENDMENT
Section 641(b) of Pub. L. 98-525, which provided that the
amendments made by subsection (a), amending this section, was
applicable only in the case of payments of annuities payable for
periods that began on or after Sept. 30, 1985, was repealed
effective Sept. 1, 1985, by section 711(b) of Pub. L. 99-145.
EFFECTIVE DATE OF 1983 AMENDMENT
Amendment by Pub. L. 98-94 effective Oct. 1, 1983, see section
922(e) of Pub. L. 98-94, set out as a note under section 1401 of
this title.
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by Pub. L. 96-402 effective Dec. 1, 1980, applicable to
annuities payable for months beginning on or after such date, and
prohibiting accrual of benefits for any period before Oct. 9, 1980,
see section 7 of Pub. L. 96-402, set out as a note under section
1447 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. 11, 1972, see section
3 of Pub. L. 94-496, set out as a note under section 1447 of this
title.
ADJUSTMENT OF ANNUITIES FOR SURVIVORS OF CERTAIN MEMBERS WHO DIED
WHILE ON ACTIVE DUTY BETWEEN SEPTEMBER 21, 1972 AND NOVEMBER 29,
1990
Section 1403(b)-(d) of Pub. L. 101-189 provided that:
"(b) Adjustment of Annuities Already in Effect. -
"(1) Recomputation. - The Secretary concerned shall recompute
the annuity of any person who on the effective date specified in
subsection (d) is entitled to an annuity under the Survivor
Benefit Plan by reason of eligibility described in section
1448(d)(1)(B) or 1448(d)(1)(C) of title 10, United States Code,
and who is further described in subsection (c).
"(2) Amount of recomputed annuities. - The amount of the
annuity as so recomputed shall be the amount that would be in
effect for that annuity on the effective date specified in
subsection (d) if the annuity had originally been computed
subject to the provisions of paragraph (3) of section 1451(c) of
title 10, United States Code, as amended by subsection (a).
"(c) Persons Eligible for Recomputation. - A person is eligible
to have an annuity under the Survivor Benefit Plan recomputed under
subsection (b) if -
"(1) the annuity is based upon the service of a member of the
uniformed services who died on active duty during the period
beginning on September 21, 1972, and ending on the effective date
specified in subsection (d); and
"(2) the retired pay of that member for the purposes of
determining the amount of the annuity under the Survivor Benefit
Plan was computed using a rate of basic pay lower than the rate
of basic pay in effect at the time of death for the grade in
which the member was serving at the time of death.
"(d) Effective Date. - An annuity recomputed under subsection (b)
shall take effect as so recomputed on March 1, 1990."