Laws: Cases and Codes : U.S. Code : Title 10 : Section 1450
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U.S. Code as of:
01/19/04
Section 1450 - Notes
SOURCE
(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)".
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1448, 1448a, 1451, 1452,
1455, 1457, 1458, 1460a of this title; title 38 section 1318.
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