10 U.S.C. § 1450
Payment of annuity: beneficiaries
United States · Title 10 — ARMED FORCES · Status: effective
Cite this
- Citation
- 10 U.S.C. § 1450, Payment of annuity: beneficiaries, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/433406
- Permanent ID
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Full text
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:
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 calculated as follows:
Any amount subject to offset under this subsection that was previously paid to the surviving spouse or former spouse shall be recouped only to the extent that the amount paid exceeds any amount to be refunded under subsection (e). In notifying a surviving spouse or former spouse of the recoupment requirement, the Secretary shall provide the spouse or former spouse—
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:
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—
In a case of a written agreement that has not been incorporated in or ratified or approved by a court order, the person—
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:
Either—
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—
Paragraph (1) does not apply to—
A participant in the Plan is considered to be missing for purposes of this subsection if—
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—
If, after a determination under paragraph (1), the Secretary concerned determines that the participant is alive—
A debt under subparagraph (A)(ii) may be collected or offset—
The Secretary concerned shall pay a monthly special survivor indemnity allowance under this subsection to the surviving spouse or former spouse of a member of the uniformed services to whom section 1448 of this title applies if—
Subject to paragraph (3), the amount of the allowance paid to an eligible survivor under paragraph (1) for a month shall be equal to—
With respect to an eligible survivor of a member of the uniformed services, the increase for a month shall be—
Legislative history
The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone. The law that originally enacted this section predates the public laws loaded here, so only later amendments are listed.
- An Act to amend title 10, United States Code, to make certain changes in the Survivor Benefit Plan provided for under subchapter II of chapter 73 of title 10, United States Code, and for other purposes.House: no recorded tallySenate: no recorded tally
- Uniformed Services Survivors' Benefits Amendments of 1978House: no recorded tallySenate: no recorded tally
- Defense Officer Personnel Management Act Technical Corrections ActHouse: no recorded tallySenate: no recorded tally
- Department of Defense Authorization Act, 1983House: no recorded tallySenate: no recorded tally
- Department of Defense Authorization Act, 1984House: no recorded tallySenate: no recorded tally
- Department of Defense Authorization Act, 1985House: no recorded tallySenate: no recorded tally
- Department of Defense Authorization Act, 1986House: no recorded tallySenate: no recorded tally
- National Defense Authorization Act for Fiscal Year 1987House: no recorded tallySenate: no recorded tally
- Defense Technical Corrections Act of 1987House: no recorded tallySenate: no recorded tally
- National Defense Authorization Act for Fiscal Years 1988 and 1989House: no recorded tallySenate: no recorded tally
- A bill to amend title 10, United States Code, to make technical corrections in provisions of law enacted by the Military Retirement Reform Act of 1986.House: no recorded tallySenate: no recorded tally
- National Defense Authorization Act for Fiscal Years 1990 and 1991House: no recorded tallySenate: 91–8
- National Defense Authorization Act for Fiscal Year 1995
- National Defense Authorization Act for Fiscal Year 1997
- National Defense Authorization Act for Fiscal Year 1998
- Strom Thurmond National Defense Authorization Act for Fiscal Year 1999
- Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001
- National Defense Authorization Act for Fiscal Year 2008
- Duncan Hunter National Defense Authorization Act for Fiscal Year 2009
- To protect the public health by providing the Food and Drug Administration with certain authority to regulate tobacco products, to amend title 5, United States Code, to make certain modifications in the Thrift Savings Plan, the Civil Service Retirement System, and the Federal Employees' Retirement System, and for other purposes.
- National Defense Authorization Act for Fiscal Year 2013
- Carl Levin and Howard P. "Buck" McKeon National Defense Authorization Act for Fiscal Year 2015
- National Defense Authorization Act for Fiscal Year 2017
- National Defense Authorization Act for Fiscal Year 2018
- John S. McCain National Defense Authorization Act for Fiscal Year 2019
- National Defense Authorization Act for Fiscal Year 2020