
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC1450]

 
                         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. 1450. Payment of annuity: beneficiaries

    (a) In General.--Effective as of the first day after the death of a 
person to whom section 1448 of this title applies (or on such other day 
as that person may provide under subsection (j)), a monthly annuity 
under section 1451 of this title shall be paid to the person's 
beneficiaries under the Plan, as follows:
        (1) Surviving spouse or former spouse.--The eligible surviving 
    spouse or the eligible former spouse.
        (2) Surviving children.--The surviving dependent children in 
    equal shares, if the eligible surviving spouse or the eligible 
    former spouse is dead, dies, or otherwise becomes ineligible under 
    this section.
        (3) Dependent children.--The dependent children in equal shares 
    if the person to whom section 1448 of this title applies (with the 
    concurrence of the person's spouse, if required under section 
    1448(a)(3) of this title) elected to provide an annuity for 
    dependent children but not for the spouse or former spouse.
        (4) Natural person designated under ``insurable interest'' 
    coverage.--The natural person designated under section 1448(b)(1) of 
    this title, unless the election to provide an annuity to the natural 
    person has been changed as provided in subsection (f).

    (b) Termination of Annuity for Death, Remarriage Before Age 55, 
Etc.--
        (1) General rule.--An annuity payable to the beneficiary 
    terminates effective as of the first day of the month in which 
    eligibility is lost.
        (2) Termination of spouse annuity upon death or remarriage 
    before age 55.--An annuity for a surviving spouse or former spouse 
    shall be paid to the surviving spouse or former spouse while the 
    surviving spouse or former spouse is living or, if the surviving 
    spouse or former spouse remarries before reaching age 55, until the 
    surviving spouse or former spouse remarries.
        (3) Effect of termination of subsequent marriage before age 
    55.--If the surviving spouse or former spouse remarries before 
    reaching age 55 and that marriage is terminated by death, annulment, 
    or divorce, payment of the annuity shall be resumed effective as of 
    the first day of the month in which the marriage is so terminated. 
    However, if the surviving spouse or former spouse is also entitled 
    to an annuity under the Plan based upon the marriage so terminated, 
    the surviving spouse or former spouse may not receive both annuities 
    but must elect which to receive.

    (c) Offset for Amount of Dependency and Indemnity Compensation.--
        (1) Required offset.--If, upon the death of a person to whom 
    section 1448 of this title applies, the surviving spouse or former 
    spouse of that person is also entitled to dependency and indemnity 
    compensation under section 1311(a) of title 38, the surviving spouse 
    or former spouse may be paid an annuity under this section, but only 
    in the amount that the annuity otherwise payable under this section 
    would exceed that compensation.
        (2) Effective date of offset.--A reduction in an annuity under 
    this section required by paragraph (1) shall be effective on the 
    date of the commencement of the period of payment of such dependency 
    and indemnity compensation under title 38.

    (d) Limitation on Payment of Annuities When Coverage Under Civil 
Service Retirement Elected.--If, upon the death of a person to whom 
section 1448 of this title applies, that person had in effect a waiver 
of that person's retired pay for the purposes of subchapter III of 
chapter 83 of title 5, an annuity under this section shall not be 
payable unless, in accordance with section 8339(j) of title 5, that 
person notified the Office of Personnel Management that he did not 
desire any spouse surviving him to receive an annuity under section 
8341(b) of that title.
    (e) Refund of Amounts Deducted From Retired Pay When DIC Offset Is 
Applicable.--
        (1) Full refund when dic greater than sbp annuity.--If an 
    annuity under this section is not payable because of subsection (c), 
    any amount deducted from the retired pay of the deceased under 
    section 1452 of this title shall be refunded to the surviving spouse 
    or former spouse.
        (2) Partial refund when sbp annuity reduced by dic.--If, because 
    of subsection (c), the annuity payable is less than the amount 
    established under section 1451 of this title, the annuity payable 
    shall be recalculated under that section. The amount of the 
    reduction in the retired pay required to provide that recalculated 
    annuity shall be computed under section 1452 of this title, and the 
    difference between the amount deducted before the computation of 
    that recalculated annuity and the amount that would have been 
    deducted on the basis of that recalculated annuity shall be refunded 
    to the surviving spouse or former spouse.

    (f) Change in Election of Insurable Interest or Former Spouse 
Beneficiary.--
        (1) Authorized changes.--
            (A) Election in favor of spouse or child.--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), 
        change that election and provide an annuity to his spouse or 
        dependent child.
            (B) Notice.--The Secretary concerned shall notify the former 
        spouse or other natural person previously designated under 
        section 1448(b) of this title of any change of election under 
        subparagraph (A).
            (C) Procedures, effective date, etc.--Any such change of 
        election is subject to the same rules with respect to execution, 
        revocation, and effectiveness as are set forth in section 
        1448(a)(5) of this title (without regard to the eligibility of 
        the person making the change of election to make such an 
        election under that section). 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.

        (2) Limitation on change in beneficiary when former spouse 
    coverage in effect.--A person who, incident to a proceeding of 
    divorce, dissolution, or annulment, 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, may not change that election under 
    paragraph (1) unless, of the following requirements, whichever are 
    applicable in a particular case are satisfied:
            (A) In a case in which the election is required by a court 
        order, or in which an agreement to make the election has been 
        incorporated in or ratified or approved by a court order, the 
        person--
                (i) furnishes to the Secretary concerned a certified 
            copy of a court order which is regular on its face and which 
            modifies the provisions of all previous court orders 
            relating to such election, or the agreement to make such 
            election, so as to permit the person to change the election; 
            and
                (ii) certifies to the Secretary concerned that the court 
            order is valid and in effect.

            (B) In a case of a written agreement that has not been 
        incorporated in or ratified or approved by a court order, the 
        person--
                (i) furnishes to the Secretary concerned a statement, in 
            such form as the Secretary concerned may prescribe, signed 
            by the former spouse and evidencing the former spouse's 
            agreement to a change in the election under paragraph (1); 
            and
                (ii) certifies to the Secretary concerned that the 
            statement is current and in effect.

        (3) Required former spouse election to be deemed to have been 
    made.--
            (A) Deemed election upon request by former spouse.--If a 
        person described in paragraph (2) or (3) of section 1448(b) of 
        this title is required (as described in subparagraph (B)) to 
        elect under section 1448(b) of this title to provide an annuity 
        to a former spouse and such person then fails or refuses to make 
        such an election, such person shall be deemed to have made such 
        an election if the Secretary concerned receives the following:
                (i) Request from former spouse.--A written request, in 
            such manner as the Secretary shall prescribe, from the 
            former spouse concerned requesting that such an election be 
            deemed to have been made.
                (ii) Copy of court order or other official statement.--
            Either--
                    (I) a copy of the court order, regular on its face, 
                which requires such election or incorporates, ratifies, 
                or approves the written agreement of such person; or
                    (II) 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.

            (B) Persons required to make election.--A person shall be 
        considered for purposes of subparagraph (A) to be required to 
        elect under section 1448(b) of this title to provide an annuity 
        to a former spouse if--
                (i) the person enters, incident to a proceeding of 
            divorce, dissolution, or annulment, into a written agreement 
            to make such an election and the agreement (I) has been 
            incorporated in or ratified or approved by a court order, or 
            (II) has been filed with the court of appropriate 
            jurisdiction in accordance with applicable State law; or
                (ii) the person is required by a court order to make 
            such an election.

            (C) Time limit for request by former spouse.--An election 
        may not be deemed to have been made under subparagraph (A) in 
        the case of any person unless the Secretary concerned receives a 
        request from the former spouse of the person within one year of 
        the date of the court order or filing involved.
            (D) Effective date of deemed election.--An election deemed 
        to have been made under subparagraph (A) shall become effective 
        on the day referred to in section 1448(b)(3)(E)(ii) of this 
        title.

        (4) Former spouse coverage may be required by court order.--A 
    court order may require a person to elect (or to enter into an 
    agreement 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).

    (g) Limitation on Changing or Revoking Elections.--
        (1) In general.--An election under this section may not be 
    changed or revoked.
        (2) Exceptions.--Paragraph (1) does not apply to--
            (A) a revocation of an election under section 1449(b) of 
        this title; or
            (B) a change in an election under subsection (f).

    (h) Treatment of Annuities Under Other Laws.--Except as provided in 
section 1451 of this title, an annuity under this section is in addition 
to any other payment to which a person is entitled under any other 
provision of law. Such annuity shall be considered as income under laws 
administered by the Secretary of Veterans Affairs.
    (i) Annuities Exempt From Certain Legal Process.--Except as provided 
in subsection (l)(3)(B), an annuity under this section is not assignable 
or subject to execution, levy, attachment, garnishment, or other legal 
process.
    (j) Effective Date of Reserve-Component Annuities.--
        (1) Persons making section 1448(e) designation.--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.
        (2) Persons dying before making section 1448(e) designation.--An 
    annuity payable under section 1448(f) of this title shall be 
    effective on the day after the date of the death of the person upon 
    whose service the right to the annuity is based.

    (k) Adjustment of Spouse or Former Spouse Annuity Upon Loss of 
Dependency and Indemnity Compensation.--
        (1) Readjustment if beneficiary 55 years of age or more.--If a 
    surviving spouse or former spouse whose annuity has been adjusted 
    under subsection (c) subsequently loses entitlement to dependency 
    and indemnity compensation under section 1311(a) of title 38 because 
    of the remarriage of the surviving spouse, or former spouse, and if 
    at the time of such remarriage the surviving spouse or former spouse 
    is 55 years of age or more, the amount of the annuity of the 
    surviving spouse or former spouse shall be readjusted, effective on 
    the effective date of such loss of dependency and indemnity 
    compensation, to the amount of the annuity which would be in effect 
    with respect to the surviving spouse or former spouse if the 
    adjustment under subsection (c) had never been made.
        (2) Repayment of amounts previously refunded.--
            (A) General rule.--A surviving spouse or former spouse whose 
        annuity is readjusted under paragraph (1) shall repay any amount 
        refunded under subsection (e) by reason of the adjustment under 
        subsection (c).
            (B) Interest required if repayment not a lump sum.--If the 
        repayment is not made in a lump sum, the surviving spouse or 
        former spouse shall pay interest on the amount to be repaid. 
        Such interest shall commence on the date on which the first such 
        payment is due and shall be applied over the period during which 
        any part of the repayment remains to be paid.
            (C) Manner of repayment; rate of interest.--The manner in 
        which such repayment shall be made, and the rate of any such 
        interest, shall be prescribed in regulations under section 1455 
        of this title.
            (D) Deposit of amounts repaid.--An amount repaid under this 
        paragraph (including any such interest) received by the 
        Secretary of Defense shall be deposited into the Department of 
        Defense Military Retirement Fund. Any other amount repaid under 
        this paragraph shall be deposited into the Treasury as 
        miscellaneous receipts.

    (l) Participants in the Plan Who Are Missing.--
        (1) Authority to presume death of missing participant.--
            (A) In general.--Upon application of the beneficiary of a 
        participant in the Plan who is missing, the Secretary concerned 
        may determine for purposes of this subchapter that the 
        participant is presumed dead.
            (B) Participant who is missing.--A participant in the Plan 
        is considered to be missing for purposes of this subsection if--
                (i) the retired pay of the participant has been 
            suspended on the basis that the participant is missing; or
                (ii) in the case of a participant in the Plan who would 
            be eligible for reserve-component retired pay but for the 
            fact that he is under 60 years of age, his retired pay, if 
            he were entitled to retired pay, would be suspended on the 
            basis that he is missing.

            (C) Requirements applicable to presumption of death.--Any 
        such determination shall be made in accordance with regulations 
        prescribed under section 1455 of this title. The Secretary 
        concerned may not make a determination for purposes of this 
        subchapter that a participant who is missing is presumed dead 
        unless the Secretary finds that--
                (i) the participant has been missing for at least 30 
            days; and
                (ii) the circumstances under which the participant is 
            missing would lead a reasonably prudent person to conclude 
            that the participant is dead.

        (2) Commencement of annuity.--Upon a determination under 
    paragraph (1) with respect to a participant in the Plan, an annuity 
    otherwise payable under this subchapter shall be paid as if the 
    participant died on the date as of which the retired pay of the 
    participant was suspended.
        (3) Effect of person not being dead.--
            (A) Termination of annuity.--If, after a determination under 
        paragraph (1), the Secretary concerned determines that the 
        participant is alive--
                (i) any annuity being paid under this subchapter by 
            reason of this subsection shall be terminated; and
                (ii) the total amount of any annuity payments made by 
            reason of this subsection shall constitute a debt to the 
            United States.

            (B) Collection from participant of annuity amounts 
        erroneously paid.--A debt under subparagraph (A)(ii) may be 
        collected or offset--
                (i) from any retired pay otherwise payable to the 
            participant;
                (ii) if the participant is entitled to compensation 
            under chapter 11 of title 38, from that compensation; or
                (iii) if the participant is entitled to any other 
            payment from the United States, from that payment.

            (C) Collection from beneficiary.--If the participant dies 
        before the full recovery of the amount of annuity payments 
        described in subparagraph (A)(ii) has been made by the United 
        States, the remaining amount of such annuity payments may be 
        collected from the participant's beneficiary under the Plan if 
        that beneficiary was the recipient of the annuity payments made 
        by reason of this subsection.

(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)''.


                    Effective Date of 1997 Amendment

    Section 642(b) of Pub. L. 105-85 provided that: ``The amendment made 
by subsection (a) [amending this section] shall apply with respect to 
marriages occurring before, on, or after the date of the enactment of 
this Act [Nov. 18, 1997].''


                    Effective Date of 1987 Amendments

    Section 636(b) of Pub. L. 100-180 provided that: ``The amendment 
made by subsection (a) [amending this section] shall apply as if 
included in the amendments made by section 643(a) of the National 
Defense Authorization Act for Fiscal Year 1987 (Public Law 99-661; 100 
Stat. 3886) [amending this section].''
    Amendment by Pub. L. 100-26 applicable as if included in Pub. L. 99-
661 when enacted on Nov. 14, 1986, see section 12(a) of Pub. L. 100-26, 
set out as a note under section 776 of this title.


                    Effective Date of 1986 Amendment

    Section 641(c) of Pub. L. 99-661 provided that: ``The amendments 
made by this section [amending this section and section 1448 of this 
title] apply to court orders issued on or after the date of the 
enactment of this Act [Nov. 14, 1986].''
    Section 643(b) of Pub. L. 99-661 provided that: ``The amendments 
made by subsection (a) [amending this section] shall apply with respect 
to remarriages that occur on or after the date of the enactment of this 
Act [Nov. 14, 1986], but only with respect to payments for periods after 
the date of the enactment of this Act.''


                    Effective Date of 1985 Amendment

    Amendment by title VII of Pub. L. 99-145 effective Mar. 1, 1986, 
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 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 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. 21, 1972, see section 3 
of Pub. L. 94-496, set out as a note under section 1447 of this title.


Effectuation of Intended SBP Annuity for Former Spouse When Not Elected 
                 by Reason of Untimely Death of Retiree

    Pub. L. 106-65, div. A, title VI, Sec. 657, Oct. 5, 1999, 113 Stat. 
668, as amended by Pub. L. 106-398, Sec. 1 [[div. A], title X, 
Sec. 1087(c)(1)(D)], Oct. 30, 2000, 114 Stat. 1654, 1654A-292, provided 
that:
    ``(a) Cases Not Covered by Existing Authority.--Paragraph (3) of 
section 1450(f) of title 10, United States Code, as in effect on the 
date of the enactment of this Act [Oct. 5, 1999], shall apply in the 
case of a former spouse of any person referred to in that paragraph 
who--
        ``(1) incident to a proceeding of divorce, dissolution, or 
    annulment--
            ``(A) entered into a written agreement on or after August 
        19, 1983, to make an election under section 1448(b) of such 
        title to provide an annuity to the former spouse (the agreement 
        thereafter having been incorporated in or ratified or approved 
        by a court order or filed with the court of appropriate 
        jurisdiction in accordance with applicable State law); or
            ``(B) was required by a court order dated on or after such 
        date to make such an election for the former spouse; and
        ``(2) before making the election, died within 21 days after the 
    date of the agreement referred to in paragraph (1)(A) or the court 
    order referred to in paragraph (1)(B), as the case may be.
    ``(b) Adjusted Time Limit for Request by Former Spouse.--For the 
purposes of paragraph (3)(C) of section 1450(f) of title 10, United 
States Code, a court order or filing referred to in subsection (a)(1) of 
this section that is dated before October 19, 1984, shall be deemed to 
be dated on the date of the enactment of this Act [Oct. 5, 1999].''
    [Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec. 1087(c)(2)], Oct. 
30, 2000, 114 Stat. 1654, 1654A-292, provided that: ``In the case of any 
former spouse to whom paragraph (3) of section 1450(f) of title 10, 
United States Code, applies by reason of the amendment made by paragraph 
(1)(D) [amending section 657 of Pub. L. 106-65, set out above], the 
provisions of subsection (b) of section 657 of the National Defense 
Authorization Act for Fiscal Year 2000 [Pub. L. 106-65, set out above] 
shall be applied by using the date of the enactment of this Act [Oct. 
30, 2000], rather than the date of the enactment of that Act [Oct. 5, 
1999].'']

                  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.
