
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: 10USC1455]

 
                         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. 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.

(Added Pub. L. 92-425, Sec. 1(3), Sept. 21, 1972, 86 Stat. 711; amended 
Pub. L. 99-145, title VII, Sec. 724, Nov. 8, 1985, 99 Stat. 678; Pub. L. 
102-190, div. A, title VI, Sec. 654(a), Dec. 5, 1991, 105 Stat. 1389; 
Pub. L. 104-201, div. A, title VI, Sec. 634, Sept. 23, 1996, 110 Stat. 
2577.)


                               Amendments

    1996--Pub. L. 104-201 amended section generally, revising and 
restating provisions relating to regulations to carry out this 
subchapter.
    1991--Subsecs. (a) to (d). Pub. L. 102-190 designated existing 
provisions as subsec. (a) and added subsecs. (b) to (d).
    1985--Pars. (1), (2). Pub. L. 99-145 amended pars. (1) and (2) 
generally. Prior to amendment, pars. (1) and (2) read as follows:
    ``(1) provide that, when the notification referred to in section 
1448(a) of this title is required, the member and his spouse shall, 
before the date the member becomes entitled to retired or retainer pay, 
be informed of the elections available and the effects of such 
elections; and
    ``(2) establish procedures for depositing the amounts referred to in 
section 1452(d) of this title.''


                    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.

                  Section Referred to in Other Sections

    This section is referred to in sections 1444a, 1448, 1450, 1454, 
1460b of this title.
