Notes on 10 U.S.C. § 1452 : US Code - Notes

Search Notes on 10 U.S.C. § 1452 : US Code - Notes

(Added Pub. L. 92-425, Sec. 1(3), Sept. 21, 1972, 86 Stat. 710;
amended Pub. L. 94-496, Sec. 1(4), (5), Oct. 14, 1976, 90 Stat.
2375; Pub. L. 95-397, title II, Sec. 205, Sept. 30, 1978, 92 Stat.
847; Pub. L. 96-402, Sec. 4, Oct. 9, 1980, 94 Stat. 1706; Pub. L.
97-22, Sec. 11(a)(3), (5), July 10, 1981, 95 Stat. 137; Pub. L. 99-
145, title VII, Secs. 714(a), 719(7), (8), 723(b)(2), Nov. 8,
1985, 99 Stat. 672, 675-677; Pub. L. 99-348, title III, Sec.
301(a)(3), July 1, 1986, 100 Stat. 702; Pub. L. 99-661, div. A,
title XIII, Sec. 1343(a)(8)(E), Nov. 14, 1986, 100 Stat. 3992; Pub.
L. 100-224, Sec. 3(b), Dec. 30, 1987, 101 Stat. 1537; Pub. L. 101-
189, div. A, title XIV, Secs. 1402(a)-(c), 1407(a)(9), title XVI,
Sec. 1621(a)(1), Nov. 29, 1989, 103 Stat. 1577, 1578, 1589, 1602;
Pub. L. 101-510, div. A, title XIV, Sec. 1484(l)(4)(C)(ii), Nov. 5,
1990, 104 Stat. 1720; Pub. L. 103-337, div. A, title VI, Sec.
637(a), Oct. 5, 1994, 108 Stat. 2790; Pub. L. 104-201, div. A,
title VI, Secs. 634, 635(a), Sept. 23, 1996, 110 Stat. 2572, 2579;
Pub. L. 105-85, div. A, title X, Sec. 1073(a)(29), Nov. 18, 1997,
111 Stat. 1901; Pub. L. 105-261, div. A, title VI, Sec. 641, Oct.
17, 1998, 112 Stat. 2045; Pub. L. 106-65, div. A, title VI, Sec.
643(a)(2), Oct. 5, 1999, 113 Stat. 663; Pub. L. 109-364, div. A,
title VI, Sec. 643(b), Oct. 17, 2006, 120 Stat. 2260.)
REFERENCES IN TEXT
Section 631(b) of Public Law 104-106 (110 Stat. 364), referred to
in subsec. (h)(2)(A), was set out as a note under section 1401a of
this title prior to repeal by Pub. L. 104-201, div. A, title VI,
Sec. 631(b), Sept. 23, 1996, 110 Stat. 2549.
AMENDMENTS
2006 - Subsec. (c)(5). Pub. L. 109-364 added par. (5).
1999 - Subsec. (i). Pub. L. 106-65 substituted "Whenever the
retired pay" for "When the retired pay".
1998 - Subsec. (j). Pub. L. 105-261 added subsec. (j).
1997 - Subsec. (a)(1)(A). Pub. L. 105-85, Sec. 1073(a)(29)(A),
substituted "provided" for "providing" in introductory provisions.
Subsec. (e). Pub. L. 105-85, Sec. 1073(a)(29)(B), substituted
"section 8339(j)" for "section 8339(i)" and "section 8341(b)" for
"section 8331(b)".
1996 - Pub. L. 104-201, Sec. 634, amended section generally,
revising and restating provisions relating to reductions in retired
pay.
Subsec. (h)(2). Pub. L. 104-201, Sec. 635(a), added par. (2).
1994 - Subsec. (b). Pub. L. 103-337 amended subsec. (b)
generally. Prior to amendment, subsec. (b) read as follows: "The
retired pay of a person to whom section 1448 of this title applies
who has a dependent child but does not have an eligible spouse or
former spouse, or who has a spouse or former spouse but has elected
to provide an annuity for dependent children only, shall, as long
as he has an eligible dependent child, be reduced by an amount
prescribed under regulations of the Secretary of Defense."
1990 - Subsec. (h). Pub. L. 101-510 made clarifying amendment to
directory language of Pub. L. 101-189, Sec. 1407(a)(9), see 1989
Amendment note below.
1989 - Subsec. (a). Pub. L. 101-189, Sec. 1402(a), inserted
heading.
Subsec. (a)(1). Pub. L. 101-189, Sec. 1402(a), added par. (1) and
struck out former par. (1) which read as follows: "Except as
provided in subsection (b), the retired pay of a person to whom
section 1448 of this title applies who has a spouse or former
spouse, or who has a spouse or former spouse and a dependent child,
and who has not elected to provide an annuity to a person
designated by him under section 1450(a)(4) of this title, or who
had elected to provide such an annuity to such a person but has
changed his election in favor of his spouse under section 1450(f)
of this title, shall be reduced each month -
"(A) by an amount equal to 2 1/2 percent of the first $300 (as
adjusted from time to time under paragraph (4)) of the base
amount plus 10 percent of the remainder of the base amount, if
the person is providing a standard annuity; or
"(B) by an amount prescribed under regulations of the Secretary
of Defense, if the person is providing a reserve-component
annuity."
Subsec. (a)(4)(A), (B). Pub. L. 101-189, Sec. 1402(c),
substituted "amounts under paragraph (1)" for "amount under
paragraph (1)(A)".
Subsec. (a)(5). Pub. L. 101-189, Sec. 1402(b), added par. (5).
Subsec. (g)(1), (5). Pub. L. 101-189, Sec. 1621(a)(1),
substituted "Department of Veterans Affairs" for "Veterans'
Administration".
Subsec. (h). Pub. L. 101-189, Sec. 1407(a)(9), as amended by Pub.
L. 101-510, inserted "(or any other provision of law)" after
"Whenever retired pay is increased under section 1401a of this
title" and substituted "such retired pay is so increased" for "such
retired pay is increased under section 1401a of this title".
1987 - Subsec. (i). Pub. L. 100-224 added subsec. (i).
1986 - Subsec. (c). Pub. L. 99-348 inserted provision that
computation of a member's retired pay for purposes of this
subsection be made without regard to any reduction under section
1409(b)(2) of this title.
Subsec. (h). Pub. L. 99-661 struck out "and retainer" after
"Whenever retired".
1985 - Pub. L. 99-145, Sec. 719(8)(B), struck out "or retainer"
after "retired" in section catchline.
Subsec. (a)(1). Pub. L. 99-145, Sec. 714(a)(1), (2), designated
existing first sentence of subsec. (a) as par. (1); redesignated
cl. (1) as (A), inserting "(as adjusted from time to time under
paragraph (4))" after "$300" and substituting "a standard annuity"
for "an annuity by virtue of eligibility under section
1448(a)(1)(A) of this title"; and redesignated cl. (2) as (B),
substituting "a reserve-component annuity" for "an annuity by
virtue of eligibility under section 1448(a)(1)(B)".
Pub. L. 99-145, Sec. 719(8)(A), substituted "retired pay" for
"retired or retainer pay".
Pub. L. 99-145, Sec. 723(b)(2)(1), inserted "or former spouse"
after first two references to "spouse".
Subsec. (a)(2). Pub. L. 99-145, Sec. 714(a)(3), designated
existing second sentence of subsec. (a) as par. (2), and
substituted "If there is a dependent child as well as a spouse or
former spouse, the amount prescribed under paragraph (1)" for "As
long as there is an eligible spouse and a dependent child, that
amount".
Subsec. (a)(3). Pub. L. 99-145, Sec. 714(a)(4), designated
existing third sentence of subsec. (a) as par. (3), substituted
"paragraph (1)" for "the first sentence of this subsection", and
inserted "or former spouse" after "eligible spouse".
Pub. L. 99-145, Sec. 719(8)(A), substituted "retired pay" for
"retired or retainer pay".
Subsec. (a)(4). Pub. L. 99-145, Sec. 714(a)(5), added par. (4).
Subsec. (b). Pub. L. 99-145, Sec. 723(b)(2)(2), inserted "or
former spouse" after "spouse" in two places.
Pub. L. 99-145, Sec. 719(8)(A), substituted "retired pay" for
"retired or retainer pay".
Subsec. (c). Pub. L. 99-145, Sec. 719(7), (8)(A), substituted
"retired pay" for "retired or retainer pay" in three places, and
substituted "a standard annuity" for "the annuity by virtue of
eligibility under section 1448(a)(1)(A) of this title" in cl. (1),
"a reserve-component annuity" for "the annuity by virtue of
eligibility under section 1448(a)(1)(B) of this title" in cl. (2),
and "this subsection" for "this section" in third sentence.
Subsecs. (d) to (h). Pub. L. 99-145, Sec. 719(8)(A), substituted
"retired pay" for "retired or retainer pay" wherever appearing.
1981 - Subsec. (e). Pub. L. 97-22, Sec. 11(a)(3), substituted
"Office of Personnel Management" for "Civil Service Commission".
Subsec. (g)(4). Pub. L. 97-22, Sec. 11(a)(5), substituted "this
section" for "section 1452 of this title".
1980 - Subsecs. (g), (h). Pub. L. 96-402, added subsecs. (g) and
(h).
1978 - Subsec. (a). Pub. L. 95-397, Sec. 205(a), substituted
pars. (1) and (2) for "by an amount equal to 2 1/2 percent of the
first $300 of the base amount plus 10 percent of the remainder of
the base amount" after "shall be reduced each month".
Subsec. (c). Pub. L. 95-397, Sec. 205(b), substituted pars. (1)
and (2) for "by 10 percent plus 5 percent for each full 5 years the
individual designated is younger than that person. However, the
total reduction may not exceed 40 percent. The reduction in retired
or retainer pay prescribed by this subsection shall continue during
the lifetime of the person designated under section 1450(a)(4) of
this title or until the person receiving retired or retainer pay
changes his election under section 1450(f)", and inserted provision
following par. (2) that the total reduction under clause (1) may
not exceed 40 percent, and that the reduction in retired or
retainer pay shall continue during the lifetime of the person
designated under section 1450(a)(4) of this title or until the
person changes his election under section 1450(f) of this title.
1976 - Subsec. (a). Pub. L. 94-496, Sec. 1(4), (5)(A),
substituted "Except as provided in subsection (b), the retired or
retainer pay" for "The retired or retainer pay", "(a)(4)" for
"(a)(3)", and inserted provision prohibiting a reduction in retired
or retainer pay during any month in which there is no eligible
spouse beneficiary.
Subsec. (b). Pub. L. 94-496, Sec. 1(5)(B), inserted "or who has a
spouse but has elected to provide an annuity for dependent children
only," after "spouse,".
Subsec. (c). Pub. L. 94-496, Sec. 1(4), (5)(C), substituted
"(a)(4)" for "(a)(3)", and inserted provision directing that
reduction in retired or retainer pay continue during the lifetime
of a beneficiary designated under section 1450(a)(4) of this title
or until such person change his election pursuant to section
1450(f) 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 1996 AMENDMENT
Section 635(b) of Pub. L. 104-201 provided that: "The amendment
made by subsection (a) [amending this section] shall apply with
respect to retired pay payable for months beginning on or after the
date of the enactment of this Act [Sept. 23, 1996]."
EFFECTIVE DATE OF 1994 AMENDMENT
Section 637(b) of Pub. L. 103-337 provided that:
"(1) Except as provided in paragraph (2), the amendment made by
subsection (a) [amending this section] applies to any election for
child-only coverage under a reserve-component annuity under the
Survivor Benefit Plan, whether made before, on, or after the date
of the enactment of this Act [Oct. 5, 1994].
"(2) Paragraph (1) does not apply in a case of an election
referred to in that paragraph that was made before the date of the
enactment of this Act if the participant was informed, in writing,
before the date of the enactment of this Act that no reduction in
the participant's retired pay for child-only coverage would be made
during a period when there was no eligible dependent child."
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 714(b) of title VII of Pub. L. 99-145 provided that: "The
amendments made by clause (5) of subsection (a) [amending this
section] shall apply only with respect to persons who first
participate in the Plan on or after the effective date of this
title [see note below]."
Amendment by title VII of Pub. L. 99-145 effective Mar. 1, 1986,
except as otherwise provided, 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 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.
RECOMPUTATION OF SBP PREMIUM FOR CURRENT PARTICIPANTS
Section 1402(d) of Pub. L. 101-189 provided that:
"(1) Recomputation. - The Secretary concerned shall recompute the
SBP premium of persons described in paragraph (2). Any such
recomputation shall take effect on March 1, 1990.
"(2) Persons covered. - A person referred to in paragraph (1) as
described in this paragraph is a person who on March 1, 1990 -
"(A) is entitled to retired pay;
"(B) is providing spouse coverage (as described in paragraph
(5) of section 1452[(a)] of title 10, United States Code, as
added by subsection (b)); and
"(C) is subject to an SBP premium in excess of 6 1/2 percent
of the base amount of that person under the Survivor Benefit
Plan.
"(3) Amount of recomputed premium. - The amount of an SBP premium
recomputed under this subsection shall be 6 1/2 percent of the
base amount under the Survivor Benefit Plan of the person whose
premium is recomputed.
"(4) SBP premium defined. - For purposes of this subsection, the
term 'SBP premium' means a reduction in retired pay under section
1452 of title 10, United States Code."