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

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

Subsec. (m)(1)(B). Pub. 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). 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, § 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, § 1621(a)(1), substituted “Department of Veterans Affairs” for “Veterans’ Administration”.

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

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

1987—Subsec. (b). Pub. L. 100–26, § 3(3), made technical amendment to directory language of Pub. L. 99–661, § 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, § 643(a), as amended by Pub. L. 100–26, § 3(3), substituted “age 55” for “age 60” in two places.

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

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

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

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

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

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

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

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

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

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

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

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

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

Subsec. (j). Pub. 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”.

Pub. L. 99–145, § 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, § 723(b)(1), substituted “widow, widower, or former spouse” for “widow or widower” wherever appearing.

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

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

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

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

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

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

Subsec. (l). Pub. L. 98–525, § 642(b)(2), added subsec. (l).

1983—Subsec. (a)(4). Pub. 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 (b) of this title”.

Subsec. (f)(1). Pub. 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”.

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

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

1982—Subsec. (a)(4). Pub. 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). Pub. 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 (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, § 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, § 207(b), substituted “section 8339 (j)” for “section 8339 (i)”.

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

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

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

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

Pub. L. 110–417, [div. A], title VI, § 631(b), 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 [Pub. L. 110–181].”

Pub. L. 110–181, div. A, title VI, § 643(b), 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.”

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].”

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.

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.”

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.

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.

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.

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.

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

“(1) Periodic recomputation required.—Effective on the first day of each month specified in paragraph (2)—

“(A) each annuity under section 1450 of title 10, United States Code, that commenced before that month, is computed under a provision of section 1451 of that title amended by subsection (a), and is payable for that month shall be recomputed so as to be equal to the amount that would be in effect if the percent applicable for that month under that provision, as so amended, had been used for the initial computation of the annuity; and

“(B) each supplemental survivor annuity under [former] section 1457 of such title that commenced before that month and is payable for that month shall be recomputed so as to be equal to the amount that would be in effect if the percent applicable for that month under that section, as amended by this section, had been used for the initial computation of the supplemental survivor annuity.

“(2) Time for recomputation.—The requirement under paragraph (1) for recomputation of certain annuities applies with respect to the following months:

“(A) October 2005.

“(B) April 2006.

“(C) April 2007.

“(D) April 2008.

“(3) Savings provision.—If, as a result of the recomputation of annuities under section 1450 of title 10, United States Code, and supplemental survivor annuities under [former] section 1457 of such title, as required by paragraph (1), the total amount of both annuities to be paid to an annuitant for a month would be less (because of the offset required by section 1450(c) of such title for dependency and indemnity compensation) than the amount that would be paid to the annuitant in the absence of recomputation, the Secretary of Defense shall take such actions as are necessary to adjust the annuity amounts to eliminate the reduction.”

[Pub. 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 Pub. L. 108–375, set out above, is effective as of Oct. 28, 2004, and as if included in section 644(c) of Pub. L. 108–375 as enacted.]

Pub. L. 106–65, div. A, title VI, § 657, Oct. 5, 1999, 113 Stat. 668, as amended by Pub. L. 106–398, § 1 [[div. A], title X, § 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, § 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 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].”]