|
U.S. Code as of:
01/19/04
Section 1455. Regulations
(a) In General. - The President shall prescribe regulations to
carry out this subchapter. Those regulations shall, so far as
practicable, be uniform for the uniformed services.
(b) Notice of Elections. - Regulations prescribed under this
section shall provide that before the date on which a member
becomes entitled to retired pay -
(1) if the member is married, the member and the member's
spouse shall be informed of the elections available under section
1448(a) of this title and the effects of such elections; and
(2) if the notification referred to in section 1448(a)(3)(E) of
this title is required, any former spouse of the member shall be
informed of the elections available and the effects of such
elections.
(c) Procedure for Depositing Certain Receipts. - Regulations
prescribed under this section shall establish procedures for
depositing the amounts referred to in sections 1448(g), 1450(k)(2),
and 1452(d) of this title.
(d) Payments to Guardians and Fiduciaries. -
(1) In general. - Regulations prescribed under this section
shall provide procedures for the payment of an annuity under this
subchapter in the case of -
(A) a person for whom a guardian or other fiduciary has been
appointed; and
(B) a minor, mentally incompetent, or otherwise legally
disabled person for whom a guardian or other fiduciary has not
been appointed.
(2) Authorized procedures. - The regulations under paragraph
(1) may include provisions for the following:
(A) In the case of an annuitant referred to in paragraph
(1)(A), payment of the annuity to the appointed guardian or
other fiduciary.
(B) In the case of an annuitant referred to in paragraph
(1)(B), payment of the annuity to any person who, in the
judgment of the Secretary concerned, is responsible for the
care of the annuitant.
(C) Subject to subparagraphs (D) and (E), a requirement for
the payee of an annuity to spend or invest the amounts paid on
behalf of the annuitant solely for benefit of the annuitant.
(D) Authority for the Secretary concerned to permit the payee
to withhold from the annuity payment such amount, not in excess
of 4 percent of the annuity, as the Secretary concerned
considers a reasonable fee for the fiduciary services of the
payee when a court appointment order provides for payment of
such a fee to the payee for such services or the Secretary
concerned determines that payment of a fee to such payee is
necessary in order to obtain the fiduciary services of the
payee.
(E) Authority for the Secretary concerned to require the
payee to provide a surety bond in an amount sufficient to
protect the interests of the annuitant and to pay for such bond
out of the annuity.
(F) A requirement for the payee of an annuity to maintain
and, upon request, to provide to the Secretary concerned an
accounting of expenditures and investments of amounts paid to
the payee.
(G) In the case of an annuitant referred to in paragraph
(1)(B) -
(i) procedures for determining incompetency and for
selecting a payee to represent the annuitant for the purposes
of this section, including provisions for notifying the
annuitant of the actions being taken to make such a
determination and to select a representative payee, an
opportunity for the annuitant to review the evidence being
considered, and an opportunity for the annuitant to submit
additional evidence before the determination is made; and
(ii) standards for determining incompetency, including
standards for determining the sufficiency of medical evidence
and other evidence.
(H) Provisions for any other matter that the President
considers appropriate in connection with the payment of an
annuity in the case of a person referred to in paragraph (1).
(3) Legal effect of payment to guardian or fiduciary. - An
annuity paid to a person on behalf of an annuitant in accordance
with the regulations prescribed pursuant to paragraph (1)
discharges the obligation of the United States for payment to the
annuitant of the amount of the annuity so paid.
|
|