Laws: Cases and Codes : U.S. Code : Title 10 : Section 1448
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U.S. Code as of:
01/19/04
Section 1448 - Notes
SOURCE
(Added Pub. L. 92-425, Sec. 1(3), Sept. 21, 1972, 86 Stat. 707;
amended Pub. L. 94-496, Sec. 1(2), Oct. 14, 1976, 90 Stat. 2375;
Pub. L. 95-397, title II, Sec. 202, Sept. 30, 1978, 92 Stat. 844;
Pub. L. 97-252, title X, Sec. 1003(b), Sept. 8, 1982, 96 Stat. 735;
Pub. L. 97-295, Sec. 1(18), Oct. 12, 1982, 96 Stat. 1290; Pub. L.
98-94, title IX, Sec. 941(a)(1), (2), (c)(2), Sept. 24, 1983, 97
Stat. 652, 653; Pub. L. 99-145, title V, Sec. 513(b), title VII,
Secs. 712(a), 713(a), 715, 716(a), 719(3), (8)(A), 721(a), Nov. 8,
1985, 99 Stat. 628, 670, 671, 673-676; Pub. L. 99-661, div. A,
title VI, Secs. 641(b)(1), 642(a), title XIII, Sec. 1343(a)(8)(B),
Nov. 14, 1986, 100 Stat. 3885, 3886, 3992; Pub. L. 101-189, div. A,
title XIV, Sec. 1407(a)(2), (3), Nov. 29, 1989, 103 Stat. 1588;
Pub. L. 103-337, div. A, title VI, Sec. 638, title XVI, Sec.
1671(d)(2), Oct. 5, 1994, 108 Stat. 2791, 3015; Pub. L. 104-201,
div. A, title VI, Sec. 634, Sept. 23, 1996, 110 Stat. 2553; Pub. L.
105-85, div. A, title X, Sec. 1073(a)(27), Nov. 18, 1997, 111 Stat.
1901; Pub. L. 105-261, div. A, title VI, Sec. 643(a), Oct. 17,
1998, 112 Stat. 2047; Pub. L. 106-65, div. A, title X, Sec.
1066(a)(12), Oct. 5, 1999, 113 Stat. 771; Pub. L. 106-398, Sec. 1
[[div. A], title VI, Sec. 655(a)-(c)(3), title X, Sec.
1087(a)(10)], Oct. 30, 2000, 114 Stat. 1654, 1654A-165, 1654A-166,
1654A-290; Pub. L. 107-107, div. A, title VI, Sec. 642(a), (c)(1),
Dec. 28, 2001, 115 Stat. 1151, 1152; Pub. L. 108-136, div. A, title
VI, Secs. 644(a), (b), 645(a), (b)(1), (c), Nov. 24, 2003, 117
Stat. 1517-1519.)
REFERENCES IN TEXT
The date of the enactment of the National Defense Authorization
Act for Fiscal Year 2004, referred to in subsecs. (b)(1)(F) and
(d)(2)(B), (6)(A), is the date of enactment of Pub. L. 108-136,
which was approved Nov. 24, 2003.
AMENDMENTS
2003 - Subsec. (b)(1)(F). Pub. L. 108-136, Sec. 645(b)(1), added
subpar. (F).
Subsec. (d)(1). Pub. L. 108-136, Sec. 645(a)(2), substituted
"Except as provided in paragraph (2)(B), the Secretary concerned"
for "The Secretary concerned" in introductory provisions.
Subsec. (d)(2). Pub. L. 108-136, Sec. 645(a)(1), amended heading
and text of par. (2) generally. Prior to amendment, text read as
follows: "The Secretary concerned shall pay an annuity under this
subchapter to the dependent child of a member described in
paragraph (1) if there is no surviving spouse or if the member's
surviving spouse subsequently dies."
Subsec. (d)(6). Pub. L. 108-136, Sec. 645(c), added par. (6).
Subsec. (f). Pub. L. 108-136, Sec. 644(b), inserted "or Before"
after "Dying When" in heading.
Subsec. (f)(1). Pub. L. 108-136, Sec. 644(a), reenacted heading
without change and amended text generally. Prior to amendment, text
read as follows: "The Secretary concerned shall pay an annuity
under this subchapter to the surviving spouse of a person who is
eligible to provide a reserve-component annuity and who dies -
"(A) before being notified under section 12731(d) of this title
that he has completed the years of service required for
eligibility for reserve-component retired pay; or
"(B) during the 90-day period beginning on the date he receives
notification under section 12731(d) of this title that he has
completed the years of service required for eligibility for
reserve-component retired pay if he had not made an election
under subsection (a)(2)(B) to participate in the Plan."
2001 - Subsec. (d). Pub. L. 107-107 struck out
"Retirement-Eligible" before "Members" in heading and amended par.
(1) generally. Prior to amendment, par. (1) read as follows:
"(1) Surviving spouse annuity. - The Secretary concerned shall
pay an annuity under this subchapter to the surviving spouse of a
member who dies on active duty after -
"(A) becoming eligible to receive retired pay;
"(B) qualifying for retired pay except that he has not applied
for or been granted that pay; or
"(C) completing 20 years of active service but before he is
eligible to retire as a commissioned officer because he has not
completed 10 years of active commissioned service."
2000 - Subsec. (a)(2). Pub. L. 106-398, Sec. 1 [[div. A], title
VI, Sec. 655(c)(1)], substituted "who elects under subparagraph (B)
not to participate in the Plan" for "described in clauses (i) and
(ii) of subparagraph (B) who does not elect to participate in the
Plan before the end of the 90-day period referred to in that
clause" in concluding provisions.
Subsec. (a)(2)(B). Pub. L. 106-398, Sec. 1 [[div. A], title VI,
Sec. 655(a)], amended heading and text of subpar. (B) generally.
Prior to amendment, text read as follows: "A person who (i) is
eligible to participate in the Plan under paragraph (1)(B), (ii) is
married or has a dependent child when he is notified under section
12731(d) of this title that he has completed the years of service
required for eligibility for reserve-component retired pay, and
(iii) elects to participate in the Plan (and makes a designation
under subsection (e)) before the end of the 90-day period beginning
on the date he receives such notification."
Subsec. (a)(3)(B). Pub. L. 106-398, Sec. 1 [[div. A], title VI,
Sec. 655(b)], substituted "who is eligible to provide" for "who
elects to provide" in introductory provisions, added cls. (i) and
(ii), and redesignated former cls. (i) and (ii) as (iii) and (iv),
respectively.
Subsec. (a)(4)(A). Pub. L. 106-398, Sec. 1 [[div. A], title VI,
Sec. 655(c)(2)(A)], struck out "not to participate in the Plan"
after "election under paragraph (2)(A)".
Subsec. (a)(4)(B). Pub. L. 106-398, Sec. 1 [[div. A], title VI,
Sec. 655(c)(2)(B)], struck out "to participate in the Plan" after
"under paragraph (2)(B)".
Subsec. (b)(3)(E)(ii). Pub. L. 106-398, Sec. 1 [[div. A], title
X, Sec. 1087(a)(10)], struck out second comma after "October 16,
1998".
Subsec. (e). Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec.
655(c)(3)], substituted "a person is required to make a designation
under this subsection, the person" for "a person electing to
participate in the Plan is required to make a designation under
this subsection, the person making such election" in introductory
provisions.
1999 - Subsec. (b)(3)(E)(ii). Pub. L. 106-65 substituted "after
October 16, 1998," for "on or after the date of the enactment of
the subparagraph".
1998 - Subsec. (b)(3)(C). Pub. L. 105-261, Sec. 643(a)(1), struck
out "effective date," after "Irrevocability," in heading and "Such
an election is effective as of the first day of the first calendar
month following the month in which it is received by the Secretary
concerned." after "section 1450(f) of this title." in text.
Subsec. (b)(3)(E). Pub. L. 105-261, Sec. 643(a)(2), added subpar.
(E).
1997 - Pub. L. 105-85 substituted "Plan" for "plan" in section
catchline.
1996 - Pub. L. 104-201 amended section generally, revising and
restating provisions relating to application of the Plan and
inserting subsec., par., and subpar. headings.
1994 - Subsec. (a)(2)(B). Pub. L. 103-337, Sec. 1671(d)(2),
substituted "12731(d)" for "1331(d)".
Subsec. (b)(1). Pub. L. 103-337, Sec. 638, designated existing
provisions as subpar. (A) and added subpars. (B) to (E).
Subsec. (f)(1). Pub. L. 103-337, Sec. 1671(d)(2), substituted
"12731(d)" for "1331(d)" in subpars. (A) and (B).
1989 - Subsec. (a)(1)(B), (2)(B). Pub. L. 101-189, Sec.
1407(a)(2), substituted "reserve-component retired pay" for
"retired pay under chapter 67 of this title".
Subsec. (a)(4)(A). Pub. L. 101-189, Sec. 1407(a)(3), struck out
"or retainer" after "entitled to retired".
Subsec. (f)(1)(A), (B). Pub. L. 101-189, Sec. 1407(a)(2),
substituted "reserve-component retired pay" for "retired pay under
chapter 67 of this title".
1986 - Subsec. (a)(5). Pub. L. 99-661, Sec. 1343(a)(8)(B),
substituted "a reserve-component annuity" for "an annuity by virtue
of eligibility under paragraph (1)(B)".
Subsec. (b)(5). Pub. L. 99-661, Sec. 641(b)(1), inserted "(A)
whether the election is being made pursuant to the requirements of
a court order, or (B)".
Subsec. (d)(2). Pub. L. 99-661, Sec. 642(a)(1), substituted "if
there is no surviving spouse or if the member's surviving spouse
subsequently dies" for "if the member and the member's spouse die
as a result of a common accident".
Subsec. (f)(2). Pub. L. 99-661, Sec. 642(a)(2), substituted "if
there is no surviving spouse or if the person's surviving spouse
subsequently dies" for "if the person and the person's spouse die
as a result of a common accident".
1985 - Subsec. (a)(1)(A). Pub. L. 99-145, Sec. 719(8)(A),
substituted "retired pay" for "retired or retainer pay".
Subsec. (a)(2)(A). Pub. L. 99-145, Sec. 721(a)(1), inserted
"(with his spouse's concurrence, if required under paragraph (3))"
after "unless he elects".
Pub. L. 99-145, Sec. 719(8)(A), substituted "retired pay" for
"retired or retainer pay".
Subsec. (a)(3). Pub. L. 99-145, Sec. 721(a)(2), amended par. (3)
generally. Prior to amendment, par. (3) read as follows:
"(A) If a person who is eligible under paragraph (1)(A) to
participate in the Plan and who is married elects not to
participate in the Plan at the maximum level, or elects to provide
an annuity for a dependent child but not for his spouse, or elects
to provide an annuity for a former spouse under subsection (b)(2),
that person's spouse shall be notified of that election.
"(B) If a person who is eligible under paragraph (1)(B) to
participate in the Plan and who is married does not elect to
participate in the Plan at the maximum level, or elects to provide
an annuity for a dependent child but not for his spouse, or elects
to provide an annuity for a former spouse under subsection (b)(2),
that person's spouse shall be notified of that action."
Subsec. (a)(6). Pub. L. 99-149, Sec. 715(a), added par. (6).
Subsec. (b)(1). Pub. L. 99-145, Sec. 719(3), substituted "a
reserve-component annuity" for "an annuity under this paragraph by
virtue of eligibility under subsection (a)(1)(B)".
Subsec. (b)(2). Pub. L. 99-145, Sec. 719(3), substituted "a
reserve-component annuity" for "an annuity under this paragraph by
virtue of eligibility under subsection (a)(1)(B)".
Pub. L. 99-145, Sec. 716(a)(1), inserted "(other than a child who
is a beneficiary under an election under paragraph (4))" after
"that spouse or child" in second sentence.
Subsec. (b)(3)(B). Pub. L. 99-145, Sec. 719(8)(A), substituted
"retired pay" for "retired or retainer pay".
Subsec. (b)(4), (5). Pub. L. 99-145, Sec. 716(a)(2), (3), added
par. (4) and redesignated former par. (4) as (5).
Subsec. (c). Pub. L. 99-145, Sec. 513(b), inserted "disability"
before "retired pay".
Subsec. (d). Pub. L. 99-145, Sec. 712(a), amended subsec. (d)
generally. Prior to amendment, subsec. (d) read as follows: "If a
member of an armed force dies on active duty after he has become
entitled to retired or retainer pay, or after he has qualified for
that pay except that he has not applied for or been granted that
pay, and his spouse is eligible for dependency and indemnity
compensation under section 411(a) of title 38 in an amount that is
less than the annuity the spouse would have received under this
subchapter if it had applied to the member when he died, the
Secretary concerned shall pay to the spouse an annuity equal to the
difference between that amount of compensation and 55 percent of
the retired or retainer pay to which the otherwise eligible spouse
described in section 1450(a)(1) of this title would have been
entitled if the member had been entitled to that pay based upon his
years of active service when he died."
Subsec. (f). Pub. L. 99-145, Sec. 713(a), added subsec. (f).
Subsec. (g). Pub. L. 99-145, Sec. 715(b), added subsec. (g).
1983 - Subsec. (a)(3). Pub. L. 98-94, Sec. 941(c)(2), substituted
"provide an annuity for a former spouse under subsection (b)(2),"
for "provide an annuity under subsection (b)(2) of this section,"
in subpars. (A) and (B).
Subsec. (a)(5). Pub. L. 98-94, Sec. 941(a)(1), inserted "except
in accordance with subsection (b)(3)".
Subsec. (b). Pub. L. 98-94, Sec. 941(a)(2), amended subsec. (b)
generally. Prior to amendment subsec. (b) read as follows:
"(1) A person who is not married and does not have a dependent
child when he becomes eligible to participate in the Plan may elect
to provide an annuity to a natural person with an insurable
interest in that person or to provide an annuity to a former
spouse.
"(2) A person who is married, or has a dependent child may elect
to provide an annuity to a former spouse instead of providing an
annuity to a spouse or dependent child if the election is made in
order to carry out the terms of a written agreement entered into
voluntarily with the former spouse (without regard to whether such
agreement is included in or approved by a court order).
"(3) In the case of a person electing to provide an annuity under
paragraph (1) or (2) of this subsection by virtue of eligibility
under subsection (a)(1)(B), the election shall include a
designation under subsection (e).
"(4) Any person who elects under paragraph (1) or (2) to provide
an annuity to a former spouse shall, at the time of making such
election, provide the Secretary concerned with a written statement,
in a form to be prescribed by that Secretary, signed by such person
and the former spouse setting forth whether the election is being
made pursuant to a voluntary written agreement previously entered
into by such person as a part of or incident to a proceeding of
divorce, dissolution, annulment, or legal separation, and if so,
whether such voluntary written agreement has been incorporated in
or ratified or approved by a court order."
1982 - Pub. L. 97-295, Sec. 1(18), substituted "Plan" for "plan"
in section catchline.
Subsec. (a)(3). Pub. L. 97-252, Sec. 1003(b)(1), inserted in
subpars. (A) and (B) identical text "or elects to provide an
annuity under subsection (b)(2) of this section," after "for his
spouse,".
Subsec. (b). Pub. L. 97-252, Sec. 1003(b)(2), designated existing
first sentence as par. (1), authorized an election to provide an
annuity to a former spouse, added pars. (2) and (4), designated
existing second sentence as par. (3), and substituted "person
electing to provide an annuity under paragraph (1) or (2) of this
subsection" for "person providing an annuity under this subsection"
and "the election" for "such an election".
1978 - Subsec. (a). Pub. L. 95-397, Sec. 202(a), amended subsec.
(a) generally, primarily inserting provision that this subchapter
shall be known as the Survivor Benefit Plan and provisions of pars.
(1)(B), (2)(B) and concluding sentence, (3)(B), (4)(B), and last
sentence of (5).
Subsec. (b). Pub. L. 95-397, Sec. 202(b), substituted "entitled
to retired or retainer pay" for "eligible to participate in the
Plan" and inserted provisions relating to the inclusion in an
election a designation under subsection (e) by persons providing an
annuity under this subsection by virtue of eligibility under
subsection (a)(1)(B).
Subsec. (e). Pub. L. 95-397, Sec. 202(c), added subsec. (e).
1976 - Subsec. (a). Pub. L. 94-496 inserted "or elects to provide
an annuity for a dependent child but not for his spouse" after
"maximum level".
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1076c, 1447, 1448a, 1449,
1450, 1451, 1452, 1455, 1458 of this title; title 38 section 1318.
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