
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC1447]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
         CHAPTER 73--ANNUITIES BASED ON RETIRED OR RETAINER PAY
 
                  SUBCHAPTER II--SURVIVOR BENEFIT PLAN
 
Sec. 1447. Definitions

    In this subchapter:
        (1) Plan.--The term ``Plan'' means the Survivor Benefit Plan 
    established by this subchapter.
        (2) Standard annuity.--The term ``standard annuity'' means an 
    annuity provided by virtue of eligibility under section 
    1448(a)(1)(A) of this title.
        (3) Reserve-component annuity.--The term ``reserve-component 
    annuity'' means an annuity provided by virtue of eligibility under 
    section 1448(a)(1)(B) of this title.
        (4) Retired pay.--The term ``retired pay'' includes retainer pay 
    paid under section 6330 of this title.
        (5) Reserve-component retired pay.--The term ``reserve-component 
    retired pay'' means retired pay under chapter 1223 of this title (or 
    under chapter 67 of this title as in effect before the effective 
    date of the Reserve Officer Personnel Management Act).
        (6) Base amount.--The term ``base amount'' means the following:
            (A) Full amount under standard annuity.--In the case of a 
        person who dies after becoming entitled to retired pay, such 
        term means the amount of monthly retired pay (determined without 
        regard to any reduction under section 1409(b)(2) of this title) 
        to which the person--
                (i) was entitled when he became eligible for that pay; 
            or
                (ii) later became entitled by being advanced on the 
            retired list, performing active duty, or being transferred 
            from the temporary disability retired list to the permanent 
            disability retired list.

            (B) Full amount under reserve-component annuity.--In the 
        case of a person who would have become eligible for reserve-
        component retired pay but for the fact that he died before 
        becoming 60 years of age, such term means the amount of monthly 
        retired pay for which the person would have been eligible--
                (i) if he had been 60 years of age on the date of his 
            death, for purposes of an annuity to become effective on the 
            day after his death in accordance with a designation made 
            under section 1448(e) of this title; or
                (ii) upon becoming 60 years of age (if he had lived to 
            that age), for purposes of an annuity to become effective on 
            the 60th anniversary of his birth in accordance with a 
            designation made under section 1448(e) of this title.

            (C) Reduced amount.--Such term means any amount less than 
        the amount otherwise applicable under subparagraph (A) or (B) 
        with respect to an annuity provided under the Plan but which is 
        not less than $300 and which is designated by the person (with 
        the concurrence of the person's spouse, if required under 
        section 1448(a)(3) of this title) providing the annuity on or 
        before--
                (i) the first day for which he becomes eligible for 
            retired pay, in the case of a person providing a standard 
            annuity, or
                (ii) the end of the 90-day period beginning on the date 
            on which he receives the notification required by section 
            12731(d) of this title that he has completed the years of 
            service required for eligibility for reserve-component 
            retired pay, in the case of a person providing a reserve-
            component annuity.

        (7) Widow.--The term ``widow'' means the surviving wife of a 
    person who, if not married to the person at the time he became 
    eligible for retired pay--
            (A) was married to him for at least one year immediately 
        before his death; or
            (B) is the mother of issue by that marriage.

        (8) Widower.--The term ``widower'' means the surviving husband 
    of a person who, if not married to the person at the time she became 
    eligible for retired pay--
            (A) was married to her for at least one year immediately 
        before her death; or
            (B) is the father of issue by that marriage.

        (9) Surviving spouse.--The term ``surviving spouse'' means a 
    widow or widower.
        (10) Former spouse.--The term ``former spouse'' means the 
    surviving former husband or wife of a person who is eligible to 
    participate in the Plan.
        (11) Dependent child.--
            (A) In general.--The term ``dependent child'' means a person 
        who--
                (i) is unmarried;
                (ii) is (I) under 18 years of age, (II) at least 18, but 
            under 22, years of age and pursuing a full-time course of 
            study or training in a high school, trade school, technical 
            or vocational institute, junior college, college, 
            university, or comparable recognized educational 
            institution, or (III) incapable of self support because of a 
            mental or physical incapacity existing before the person's 
            eighteenth birthday or incurred on or after that birthday, 
            but before the person's twenty-second birthday, while 
            pursuing such a full-time course of study or training; and
                (iii) is the child of a person to whom the Plan applies, 
            including (I) an adopted child, and (II) a stepchild, foster 
            child, or recognized natural child who lived with that 
            person in a regular parent-child relationship.

            (B) Special rules for college students.--For the purpose of 
        subparagraph (A), a child whose twenty-second birthday occurs 
        before July 1 or after August 31 of a calendar year, and while 
        regularly pursuing such a course of study or training, is 
        considered to have become 22 years of age on the first day of 
        July after that birthday. A child who is a student is considered 
        not to have ceased to be a student during an interim between 
        school years if the interim is not more than 150 days and if the 
        child shows to the satisfaction of the Secretary of Defense that 
        the child has a bona fide intention of continuing to pursue a 
        course of study or training in the same or a different school 
        during the school semester (or other period into which the 
        school year is divided) immediately after the interim.
            (C) Foster children.--A foster child, to qualify under this 
        paragraph as the dependent child of a person to whom the Plan 
        applies, must, at the time of the death of that person, also 
        reside with, and receive over one-half of his support from, that 
        person, and not be cared for under a social agency contract. The 
        temporary absence of a foster child from the residence of that 
        person, while a student as described in this paragraph, shall 
        not be considered to affect the residence of such a foster 
        child.

        (12) Court.--The term ``court'' has the meaning given that term 
    by section 1408(a)(1) of this title.
        (13) Court order.--
            (A) In general.--The term ``court order'' means a court's 
        final decree of divorce, dissolution, or annulment or a court 
        ordered, ratified, or approved property settlement incident to 
        such a decree (including a final decree modifying the terms of a 
        previously issued decree of divorce, dissolution, annulment, or 
        legal separation, or of a court ordered, ratified, or approved 
        property settlement agreement incident to such previously issued 
        decree).
            (B) Final decree.--The term ``final decree'' means a decree 
        from which no appeal may be taken or from which no appeal has 
        been taken within the time allowed for the taking of such 
        appeals under the laws applicable to such appeals, or a decree 
        from which timely appeal has been taken and such appeal has been 
        finally decided under the laws applicable to such appeals.
            (C) Regular on its face.--The term ``regular on its face'', 
        when used in connection with a court order, means a court order 
        that meets the conditions prescribed in section 1408(b)(2) of 
        this title.

(Added Pub. L. 92-425, Sec. 1(3), Sept. 21, 1972, 86 Stat. 706; amended 
Pub. L. 94-496, Sec. 1(1), Oct. 14, 1976, 90 Stat. 2375; Pub. L. 95-397, 
title II, Sec. 201, Sept. 30, 1978, 92 Stat. 843; Pub. L. 96-402, 
Sec. 2, Oct. 9, 1980, 94 Stat. 1705; Pub. L. 97-252, title X, 
Sec. 1003(a), Sept. 8, 1982, 96 Stat. 735; Pub. L. 98-94, title IX, 
Sec. 941(c)(1), Sept. 24, 1983, 97 Stat. 653; Pub. L. 99-145, title VII, 
Secs. 719(1), (2), 721(b), Nov. 8, 1985, 99 Stat. 675, 676; Pub. L. 99-
348, title III, Sec. 301(a)(1), July 1, 1986, 100 Stat. 702; Pub. L. 99-
661, div. A, title XIII, Sec. 1343(a)(8)(A), Nov. 14, 1986, 100 Stat. 
3992; Pub. L. 100-180, div. A, title XII, Sec. 1231(17), Dec. 4, 1987, 
101 Stat. 1161; Pub. L. 101-189, div. A, title XIV, Sec. 1407(a)(1)-(3), 
Nov. 29, 1989, 103 Stat. 1588; Pub. L. 101-510, div. A, title XIV, 
Sec. 1484(l)(4)(C)(i), Nov. 5, 1990, 104 Stat. 1720; Pub. L. 103-337, 
div. A, title XVI, Sec. 1671(d), Oct. 5, 1994, 108 Stat. 3014; Pub. L. 
104-201, div. A, title VI, Sec. 634, Sept. 23, 1996, 110 Stat. 2551.)

                       References in Text

    Chapter 67 of this title as in effect before the effective date of 
the Reserve Officer Personnel Management Act, referred to in par. (5), 
means chapter 67 (Sec. 1331 et seq.) of this title prior to its transfer 
to part II of subtitle E of this title, its renumbering as chapter 1223, 
and its general revision by section 1662(j)(1) of Pub. L. 103-337. A new 
chapter 67 (Sec. 1331) of this title was added by section 1662(j)(7) of 
Pub. L. 103-337. For effective date of the Reserve Officer Personnel 
Management Act (Pub. L. 103-337, title XVI), see section 1691 of Pub. L. 
103-337, set out as an Effective Date note under section 10001 of this 
title.


                               Amendments

    1996--Pub. L. 104-201 amended section generally, making changes in 
the order, style, and substance of definitions of terms used in this 
subchapter and adding definition of ``surviving spouse''.
    1994--Par. (2)(C). Pub. L. 103-337, Sec. 1671(d)(2), substituted 
``12731(d)'' for ``1331(d)''.
    Par. (14). Pub. L. 103-337, Sec. 1671(d)(1), substituted ``chapter 
1223 of this title (or under chapter 67 of this title as in effect 
before the effective date of the Reserve Officer Personnel Management 
Act)'' for ``chapter 67 of this title''.
    1990--Par. (5). Pub. L. 101-510 made technical correction to 
directory language of Pub. L. 101-189, Sec. 1407(a)(1)(A), see 1989 
Amendment note below.
    1989--Par. (2)(B). Pub. L. 101-189, Sec. 1407(a)(2), substituted 
``reserve-component retired pay'' for ``retired pay under chapter 67 of 
this title''.
    Par. (2)(C)(i). Pub. L. 101-189, Sec. 1407(a)(3), struck out ``or 
retainer'' after ``eligible for retired''.
    Par. (2)(C)(ii). Pub. L. 101-189, Sec. 1407(a)(2), substituted 
``reserve-component retired pay'' for ``retired pay under chapter 67 of 
this title''.
    Pars. (3), (4). Pub. L. 101-189, Sec. 1407(a)(3), struck out ``or 
retainer'' after ``eligible for retired''.
    Par. (5). Pub. L. 101-189, Sec. 1407(a)(1)(A), as amended by Pub. L. 
101-510, substituted ``this paragraph'' for ``this clause'' in three 
places in concluding provisions.
    Par. (11). Pub. L. 101-189, Sec. 1407(a)(1)(B), inserted ``paid 
under section 6330 of this title'' after ``retainer pay''.
    Par. (14). Pub. L. 101-189, Sec. 1407(a)(1)(C), added par. (14).
    1987--Pub. L. 100-180 inserted ``The term'' after each par. 
designation and revised first word in quotes in pars. (2) to (13) to 
make initial letter of such word lowercase.
    1986--Par. (2)(A). Pub. L. 99-661 substituted ``retired pay'' for 
``retired or retainer pay'' in two places in provisions preceding cl. 
(i).
    Pub. L. 99-348 inserted ``(determined without regard to any 
reduction under section 1409(b)(2) of this title)''.
    1985--Par. (2)(C). Pub. L. 99-145, Sec. 721(b), inserted ``(with the 
concurrence of the person's spouse, if required under section 1448(a)(3) 
of this title)'' after ``designated by the person''.
    Par. (2)(C)(i). Pub. L. 99-145, Sec. 719(2)(A), substituted ``a 
standard annuity'' for ``an annuity by virtue of eligibility under 
section 1448(a)(1)(A) of this title''.
    Par. (2)(C)(ii). Pub. L. 99-145, Sec. 719(2)(B), substituted ``a 
reserve-component annuity'' for ``an annuity by virtue of eligibility 
under section 1448(a)(1)(B) of this title''.
    Pars. (11) to (13). Pub. L. 99-145, Sec. 719(1), added pars. (11) to 
(13).
    1983--Par. (8). Pub. L. 98-94 substituted ``or annulment'' for 
``annulment, or legal separation,'' in two places.
    1982--Pars. (6) to (10). Pub. L. 97-252 added pars. (6) to (10).
    1980--Par. (2). Pub. L. 96-402 inserted in subpar. (C) ``but which 
is not less than $300'' after ``under the Plan'', substituted a period 
at end of subpar. (C) for ``, but not less than $300;'', and struck out 
following subpar. (C) ``as increased from time to time under section 
1401a of this title.''
    1978--Par. (2). Pub. L. 95-397 inserted ``in the case of a person 
who dies after becoming entitled to retired or retainer pay'' before 
``the amount'' and substituted ``pay to which the person'' for ``pay to 
which a person'' in subpar. (A), substituted ``in the case of a person 
who would have become eligible for retired pay under chapter 67 of this 
title but for the fact that he died before becoming 60 years of age, the 
amount of monthly retired pay for which the person would have been 
eligible--'' for ``any amount less than that described by clause (A) 
designated by that person on or before the first day for which he became 
eligible for retired or retainer pay, but not less than $300'' in 
subpar. (B), and added subpars. (B)(i), (ii) and (C).
    1976--Pars. (3)(A), (4)(A). Pub. L. 94-496 substituted ``one year'' 
for ``two years''.


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as 
otherwise provided, see section 1691 of Pub. L. 103-337, set out as an 
Effective Date note under section 10001 of this title.


                    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 731 of title VII of Pub. L. 99-145 provided that:
    ``(a) Effective Date.--Except as otherwise provided in this title, 
the amendments made by this title [see Short Title of 1985 Amendment 
note below] shall take effect on the first day of the first month 
beginning more than 90 days after the date of the enactment of this Act 
[Nov. 8, 1985].
    ``(b) Prospective Benefits Only.--No benefit shall accrue to any 
person by reason of the enactment of this title for any period before 
the effective date under subsection (a).''


         Effective Date of 1982 Amendment; Transition Provisions

    Amendment by Pub. L. 97-252 effective Feb. 1, 1983, and applicable 
to persons becoming eligible to participate in Survivor Benefit Plan 
provided for in this subchapter before, on, or after Feb. 1, 1983, see 
section 1006 of Pub. L. 97-252, set out as an Effective Date; Transition 
Provisions note under section 1408 of this title.


                    Effective Date of 1980 Amendment

    Section 7 of Pub. L. 96-402 provided that: ``The amendments made by 
sections 2, 3, and 4 of this Act [amending this section and sections 
1451 and 1452 of this title] and the provisions of section 5 of this Act 
[set out as a note under section 1448 of this title] shall be effective 
on the first day of the second calendar month following the month in 
which this Act is enacted [October 1980] and shall apply to annuities 
payable by virtue of such amendments and provisions for months beginning 
on or after such date. No benefits shall accrue to any person by virtue 
of the enactment of this Act [Pub. L. 96-402] for any period before the 
date of the enactment of this Act [Oct. 9, 1980].''


                    Effective Date of 1978 Amendment

    Section 210 of title II of Pub. L. 95-397 provided that:
    ``(a) Except as provided in subsection (b), the provisions of this 
title [amending this section and sections 1331 [now 12731] and 1448 to 
1452 of this title and enacting provisions set out as notes under this 
section and section 1448 of this title] and the amendments made by this 
title shall take effect on October 1, 1978, or on the date of the 
enactment of this Act [Sept. 30, 1978], whichever is later, and shall 
apply to annuities payable by virtue of such amendments for months 
beginning on or after such date.
    ``(b) The amendment made by section 206 [amending section 1331 [now 
12731] of this title] shall apply to notifications under section 1331(d) 
[now 12731(d)] of title 10, United States Code, after the date of the 
enactment of this Act [Sept. 30, 1978].''


                    Effective Date of 1976 Amendment

    Section 3 of Pub. L. 94-496 provided that: ``This Act [amending this 
section and sections 1448, 1450, 1451, and 1452 of this title, and 
amending provisions set out as a note under section 1448 of this title] 
shall be effective as of September 21, 1972. No pay shall accrue to any 
person by virtue of the enactment of this Act for any period prior to 
October 1, 1976.''


                      Short Title of 1989 Amendment

    Section 1401 of title XIV of Pub. L. 101-189 provided that: ``This 
title [enacting subchapter III of this chapter, amending this section 
and sections 1331 [now 12731], 1448 to 1452, and 1454 of this title and 
section 3101 [now 5301] of Title 38, Veterans' Benefits, and enacting 
provisions set out as notes under sections 1448, 1451, 1452, 1456, and 
12731 of this title] may be cited as the `Military Survivor Benefits 
Improvement Act of 1989'.''


                      Short Title of 1985 Amendment

    Section 701 of title VII of Pub. L. 99-145 provided that: ``This 
title [amending this section and sections 1448, 1450 to 1452, and 1455 
of this title, enacting provisions set out as notes under this section 
and sections 1448 and 1452 of this title, and repealing a provision set 
out as a note under section 1451 of this title] may be cited as the 
`Survivor Benefit Plan Amendments of 1985'.''


                      Short Title of 1980 Amendment

    Section 1 of Pub. L. 96-402 provided: ``That this Act [amending this 
section and sections 1451 and 1452 of this title, enacting provisions 
set out as notes under this section and section 1448 of this title, and 
amending provisions set out as a note under section 1448 of this title] 
may be cited as the `Uniformed Services Survivor Benefits Amendments of 
1980'.''


        End of 90-Day Period With Respect to Certain Individuals

    Section 208 of Pub. L. 95-397, as amended by Pub. L. 96-107, title 
VIII, Sec. 816, Nov. 9, 1979, 93 Stat. 818, provided that the 90-day 
period referred to in former sections 1447(2)(C) and 1448(a)(2) and 
(4)(B) of this title was to be considered to end on Mar. 31, 1980, for 
an individual who would have been eligible for retired pay under former 
chapter 67 of this title on the effective date of title II of Pub. L. 
95-397 (see Effective Date of 1978 Amendment note above), but for the 
fact such individual was under 60 years of age, or for an individual who 
received before Jan. 1, 1980, a notification that such individual had 
completed the years of service required for eligibility for such retired 
pay.

                  Section Referred to in Other Sections

    This section is referred to in sections 1078a, 1456 of this title.
