2019—Subsec. (c)(1). Puspan. L. 116–92 substituted “calculated as follows:” for “that the annuity otherwise payable under this section would exceed that compensation.” and added subpars. (A) to (D).

2018—Subsec. (m)(2)(I). Puspan. L. 115–232, § 622(a)(1), substituted “November” for “December”.

Subsec. (m)(2)(J). Puspan. L. 115–232, § 622(a)(2), substituted “for months after November 2018” for “for months during any calendar year after 2018”.

Subsec. (m)(6). Puspan. L. 115–232, § 622(span), substituted “after november 2018” for “after 2018” in span, added subpars. (A) to (D), and struck out former subpars. (A) and (B) which read as follows:

“(A) In general.—The amount of the allowance payable under paragraph (1) for months during any calendar year beginning after 2018 shall be—

“(i) the amount payable pursuant to paragraph (2) for months during the preceding calendar year, plus

“(ii) an amount equal to the percentage of the amount determined pursuant to clause (i) which percentage is equal to the percentage increase in retired pay of members and former members of the armed forces for such calendar year under section 1401a of this title.

“(B) Public notice on amount of allowance payable.—The Secretary of Defense shall publish in the Federal Register each year the amount of the allowance payable under paragraph (1) for months in such year by reason of the operation of this paragraph.”

2017—Subsec. (m)(2)(I), (J). Puspan. L. 115–91, § 621(1), added subpars. (I) and (J) and struck out former subpar. (I) which read as follows: “for months during each of fiscal years 2017 and 2018, $310.”

Subsec. (m)(6). Puspan. L. 115–91, § 621(2), added par. (6) and struck out former par. (6). Prior to amendment, text read as follows: “This subsection shall only apply with respect to the month beginning on October 1, 2008, and subsequent months through the month ending on May 31, 2018. Effective on June 1, 2018, the authority provided by this subsection shall terminate. No special survivor indemnity allowance may be paid to any person by reason of this subsection for any period before October 1, 2008, or beginning on or after June 1, 2018.”

2016—Subsec. (e). Puspan. L. 114–328, § 643(c)(2)(A), inserted “or CRSC” after “Retired Pay” in span.

Subsec. (e)(1). Puspan. L. 114–328, § 643(c)(2)(B), inserted “or combat-related special compensation” after “from the retired pay”.

Subsec. (m)(1)(B). Puspan. L. 114–328, § 642(d), inserted “or (f)” after “subsection (d)”.

Subsec. (m)(2)(I). Puspan. L. 114–328, § 646(1), substituted “each of fiscal years 2017 and 2018” for “fiscal year 2017”.

Subsec. (m)(6). Puspan. L. 114–328, § 646(2), substituted “May 31, 2018” for “September 30, 2017” and substituted “June 1, 2018” for “October 1, 2017” in two places.

2014—Subsec. (a)(4), (5). Puspan. L. 113–291, § 624(a)(1), added par. (4) and redesignated former par. (4) as (5).

Subsec. (i). Puspan. L. 113–291, § 624(a)(2)(A), inserted “(a)(4) or” after “subsection”.

2013—Subsec. (d). Puspan. L. 112–239 inserted “or chapter 84 of such title” after “chapter 83 of title 5”, “or 8416(a)” after “8339(j)”, and “or 8442(a)” after “8341(span)”.

2009—Subsec. (m)(2)(F) to (I). Puspan. L. 111–31, § 201(a), added subpars. (F) to (I) and struck out former subpar. (F) which read as follows: “for months after fiscal year 2013, $100.”

Subsec. (m)(6). Puspan. L. 111–31, § 201(span), substituted “September 30, 2017” for “February 28, 2016” and substituted “October 1, 2017” for “March 1, 2016” in two places.

2008—Subsec. (c)(3). Puspan. L. 110–181, § 643(a), added par. (3).

Subsec. (m). Puspan. L. 110–181, § 644, added subsec. (m).

Subsec. (m)(1)(B). Puspan. L. 110–417 substituted “subsection (a)(1) of section 1448 of this title or by reason of coverage under subsection (d) of such section” for “section 1448(a)(1) of this title”.

2000—Subsec. (j)(1). Puspan. 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). Puspan. L. 105–261 substituted “the day referred to in section 1448(span)(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). Puspan. 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—Puspan. 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). Puspan. L. 103–337 substituted “section 1311(a) of title 38” for “section 411(a) of title 38”.

1989—Subsec. (f)(3)(B). Puspan. L. 101–189, § 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). Puspan. L. 101–189, § 1621(a)(1), substituted “Department of Veterans Affairs” for “Veterans’ Administration”.

Subsec. (l)(1). Puspan. L. 101–189, § 1407(a)(2), substituted “reserve-component retired pay” for “retired pay under chapter 67 of this title”.

Subsec. (l)(2). Puspan. L. 101–189, § 1407(a)(3), struck out “or retainer” after “of which the retired”.

1987—Subsec. (span). Puspan. L. 100–26, § 3(3), made technical amendment to directory language of Puspan. L. 99–661, § 643(a). See 1986 Amendment note below.

Subsec. (f)(3)(A). Puspan. L. 100–224 struck out second of two commas after “required by a court order to make such an election”.

Subsec. (k)(1). Puspan. L. 100–180 substituted “55 years of age” for “60 years of age”.

1986—Subsec. (span). Puspan. L. 99–661, § 643(a), as amended by Puspan. L. 100–26, § 3(3), substituted “age 55” for “age 60” in two places.

Subsec. (c). Puspan. L. 99–661, § 1343(a)(8)(C), substituted “entitled to dependency and indemnity compensation” for “entitled to compensation”.

Subsec. (f)(2). Puspan. L. 99–661, § 641(span)(2)(A), substituted “is required by a court order to elect under section 1448(span) 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(span) of this title to provide an annuity to a former spouse and who makes an election pursuant to such agreement”.

Subsec. (f)(2)(A). Puspan. L. 99–661, § 641(span)(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). Puspan. L. 99–661, § 641(span)(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). Puspan. L. 99–661, § 641(span)(2)(D), substituted “of a written agreement that” for “in which such agreement”.

Subsec. (f)(3)(A). Puspan. L. 99–661, § 641(span)(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). Puspan. L. 99–661, § 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(span) 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). Puspan. L. 99–145, § 723(a)(1), inserted “or the eligible former spouse” after “widow or widower”.

Subsec. (a)(3). Puspan. L. 99–145, § 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). Puspan. L. 99–145, § 723(a)(3), struck out “former spouse or other” before “natural person” in two places.

Subsec. (span). Puspan. L. 99–145, § 723(span)(1), substituted “widow, widower, or former spouse” for “widow or widower” in eight places.

Puspan. L. 99–145, § 719(4), substituted “under the Plan” for “under this section”.

Subsec. (c). Puspan. L. 99–145, § 723(span)(1), substituted “widow, widower, or former spouse” for “widow or widower” in two places.

Puspan. L. 99–145, § 718, inserted provision respecting the effective date of the dependency and indemnity compensation offset.

Subsec. (d). Puspan. L. 99–145, § 719(8)(A), substituted “retired pay” for “retired or retainer pay”.

Subsec. (e). Puspan. L. 99–145, § 719(8)(A), substituted “retired pay” for “retired or retainer pay” in two places.

Puspan. L. 99–145, § 723(span)(1), substituted “widow, widower, or former spouse” for “widow or widower” in two places.

Subsec. (f)(3)(A). Puspan. L. 99–145, § 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). Puspan. L. 99–145, § 722(2), inserted “or filing” after “court order”.

Subsec. (i). Puspan. L. 99–145, § 1303(a)(11)(A), substituted “subsection (l)(3)(B)” for “subsection (l)”.

Subsec. (j). Puspan. L. 99–145, § 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”.

Puspan. L. 99–145, § 713(span), inserted provision respecting the effective date of an annuity payable under section 1448(f) of this title.

Subsec. (k). Puspan. L. 99–145, § 723(span)(1), substituted “widow, widower, or former spouse” for “widow or widower” wherever appearing.

Subsec. (k)(1). Puspan. L. 99–145, § 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). Puspan. L. 99–145, § 717(3), added par. (2).

Subsec. (l)(1). Puspan. L. 99–145, § 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). Puspan. L. 99–145, § 719(6)(B), struck out “the provision of” before “this subchapter”.

Subsec. (l)(3)(A). Puspan. L. 99–145, § 1303(a)(11)(B), struck out “(notwithstanding subsection (h))” before “may be collected”.

Subsec. (l)(3)(A)(i). Puspan. L. 99–145, § 719(8)(A), substituted “retired pay” for “retried or retainer pay”.

1984—Subsec. (f)(3), (4). Puspan. L. 98–525, § 644, added par. (3) and redesignated former par. (3) as (4).

Subsec. (i). Puspan. L. 98–525, § 642(span)(1), substituted “Except as provided in subsection (l), an” for “An”.

Subsec. (l). Puspan. L. 98–525, § 642(span)(2), added subsec. (l).

1983—Subsec. (a)(4). Puspan. L. 98–94, § 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(span) of this title”.

Subsec. (f)(1). Puspan. L. 98–94, § 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”.

Puspan. L. 98–94, § 941(c)(3)(A), struck out “of this subsection” after “subject to paragraph (2)”.

Subsec. (f)(2). Puspan. L. 98–94, § 941(c)(3)(B), substituted “or annulment,” for “annulment, or legal separation,”.

1982—Subsec. (a)(4). Puspan. L. 97–252, § 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). Puspan. L. 97–252, § 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(span) 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(span) of any such change in election, and added pars. (2) and (3).

1981—Subsec. (d). Puspan. L. 97–22 substituted “Office of Personnel Management” for “Civil Service Commission”.

1978—Subsec. (a). Puspan. L. 95–397, § 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). Puspan. L. 95–397, § 207(span), substituted “section 8339(j)” for “section 8339(i)”.

Subsec. (f). Puspan. L. 95–397, § 207(c), substituted “section 1448(a)(5)” for “the last three sentences of section 1448(a)”.

Subsecs. (j), (k). Puspan. L. 95–397, § 203(2), added subsecs. (j) and (k).

1976—Subsec. (a)(3), (4). Puspan. L. 94–496, § 1(3), added par. (3) and redesignated former par. (3) as (4).

Subsec. (f). Puspan. L. 94–496, § 1(4), substituted “(a)(4)” for “(a)(3)”.

Amendment by Puspan. L. 116–92 effective on the first day of the first month that begins after Dec. 20, 2019, see section 622(f) of Puspan. L. 116–92, set out as a note under section 1448 of this title.

Puspan. L. 115–232, div. A, title VI, § 622(c), Aug. 13, 2018, 132 Stat. 1800, provided that: “The amendments made by this section [amending this section] shall take effect on December 1, 2018.”

Amendment by section 642(d) of Puspan. L. 114–328 inapplicable to accural of annuity benefits under subchapter II of chapter 73 of this title for any period prior to Dec. 23, 2016, with provisions for election of benefits payable to dependent children, see section 642(e) of Puspan. L. 114–328, set out as a note under section 1448 of this title.

Puspan. L. 112–239, div. A, title VI, § 641(c), Jan. 2, 2013, 126 Stat. 1783, provided that: “The amendments made by this section [amending this section and section 1452 of this title] shall apply with respect to any participant electing an annuity for survivors under chapter 84 of title 5, United States Code, on or after the date of the enactment of this Act [Jan. 2, 2013].”

Puspan. L. 110–417, [div. A], title VI, § 631(span), Oct. 14, 2008, 122 Stat. 4492, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to the month beginning on October 1, 2008, and subsequent months as provided by paragraph (6) of subsection (m) of section 1450 of title 10, United States Code, as added by section 644 of the National Defense Authorization Act for Fiscal Year 2008 [Puspan. L. 110–181].”

Puspan. L. 110–181, div. A, title VI, § 643(span), Jan. 28, 2008, 122 Stat. 157, provided that: “Paragraph (3) of subsection (c) of section 1450 of title 10, United States Code, as added by subsection (a), shall apply with respect to the recoupment on or after April 1, 2008, of amounts subject to offset under such subsection.”

Puspan. L. 105–85, div. A, title VI, § 642(span), Nov. 18, 1997, 111 Stat. 1799, 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].”

Puspan. L. 100–180, div. A, title VI, § 636(span), Dec. 4, 1987, 101 Stat. 1106, 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 Puspan. L. 100–26 applicable as if included in Puspan. L. 99–661 when enacted on Nov. 14, 1986, see section 12(a) of Puspan. L. 100–26, set out as a note under section 776 of this title.

Puspan. L. 99–661, div. A, title VI, § 641(c), Nov. 14, 1986, 100 Stat. 3886, 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].”

Puspan. L. 99–661, div. A, title VI, § 643(span), Nov. 14, 1986, 100 Stat. 3886, 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.”

Amendment by title VII of Puspan. 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 Puspan. L. 99–145, set out as a note under section 1447 of this title.

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

Amendment by Puspan. 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 Puspan. L. 95–397, set out as a note under section 1447 of this title.

Amendment by Puspan. L. 94–496 effective Sept. 21, 1972, see section 3 of Puspan. L. 94–496, set out as a note under section 1447 of this title.

Puspan. L. 116–92, div. A, title VI, § 622(span), Dec. 20, 2019, 133 Stat. 1427, provided that: “No benefits may be paid to any person for any period before the effective date provided under subsection (f) [enacting provisions set out as a note under section 1448 of this title] by reason of the amendments made by subsection (a) [amending this section and section 1451 of this title].”

Puspan. L. 116–92, div. A, title VI, § 622(c), Dec. 20, 2019, 133 Stat. 1427, provided that: “A surviving spouse who is or has been in receipt of an annuity under the Survivor Benefit Plan under subchapter II of chapter 73 of title 10, United States Code, that is in effect before the effective date provided under subsection (f) [enacting provisions set out as a note under section 1448 of this title] and that is adjusted by reason of the amendments made by subsection (a) [amending this section and section 1451 of this title] and who has received a refund of retired pay under section 1450(e) of title 10, United States Code, shall not be required to repay such refund to the United States.”

Puspan. L. 108–375, div. A, title VI, § 644(c), Oct. 28, 2004, 118 Stat. 1961, as amended by Puspan. L. 110–417, [div. A], title VI, § 632, Oct. 14, 2008, 122 Stat. 4493, provided that:

[Puspan. L. 110–417, [div. A], title VI, § 632, Oct. 14, 2008, 122 Stat. 4493, provided that the amendment made by that section to section 644(c) of Puspan. L. 108–375, set out above, is effective as of Oct. 28, 2004, and as if included in section 644(c) of Puspan. L. 108–375 as enacted.]

Puspan. L. 106–65, div. A, title VI, § 657, Oct. 5, 1999, 113 Stat. 668, as amended by Puspan. L. 106–398, § 1 [[div. A], title X, § 1087(c)(1)(D)], Oct. 30, 2000, 114 Stat. 1654, 1654A–292, provided that:

[Puspan. L. 106–398, § 1 [[div. A], title X, § 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 Puspan. L. 106–65, set out above], the provisions of subsection (span) of section 657 of the National Defense Authorization Act for Fiscal Year 2000 [Puspan. 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].”]