
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: 10USC1459]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
         CHAPTER 73--ANNUITIES BASED ON RETIRED OR RETAINER PAY
 
           SUBCHAPTER III--SUPPLEMENTAL SURVIVOR BENEFIT PLAN
 
Sec. 1459. Former spouse coverage: special rules

    (a) Disclosure of Voluntary Written Agreement With Former Spouse.--A 
person who elects under section 1458 of this title to provide a 
supplemental spouse annuity for a former spouse shall, at the time of 
making the election, provide the Secretary concerned with a written 
statement (in a form to be prescribed by that Secretary and signed by 
such person and former spouse) setting forth whether the election is 
being made pursuant to a written agreement previously entered into 
voluntarily by such person as a part of or incident to a proceeding of 
divorce, dissolution, or annulment and (if so) whether such voluntary 
written agreement has been incorporated in, or ratified or approved by, 
a court order.
    (b) Enforcement of Voluntary Written Agreements Incident to Divorce, 
Etc.--
        (1) Elections deemed to have been made.--If a person who is 
    eligible to elect under section 1458 of this title to provide a 
    supplemental spouse annuity for a former spouse voluntarily enters, 
    incident to a proceeding of divorce, dissolution, or annulment, into 
    a written agreement to elect to provide a supplemental annuity for a 
    former spouse and that agreement is incorporated in or ratified or 
    approved by a court order or is filed with the court of appropriate 
    jurisdiction in accordance with applicable State law, and such 
    person then fails or refuses to make the election as set forth in 
    the voluntary agreement, such person shall be deemed to have made 
    the election if the Secretary concerned--
            (A) receives from the former spouse concerned a written 
        request, in such manner as the Secretary shall prescribe, 
        requesting that the election be deemed to have been made; and
            (B) receives (i) a copy of the court order, regular on its 
        face, which 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.

        (2) Time limit for request to secretary concerned.--An election 
    may not be deemed to have been made under paragraph (1) in the case 
    of any person unless the Secretary concerned receives a request from 
    the former spouse within one year after the date of the court order 
    or filing involved.
        (3) Effective date of deemed election.--An election deemed to 
    have been made under paragraph (1) shall become effective on the 
    first day of the first month which begins after the date of the 
    court order or filing involved.

(Added Pub. L. 101-189, div. A, title XIV, Sec. 1404(a)(1), Nov. 29, 
1989, 103 Stat. 1584.)

                  Section Referred to in Other Sections

    This section is referred to in section 1458 of this title.
