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10 U.S.C. § 1461 — Establishment and purpose of Fund; definition
Federal law — U.S. Code and appendices · legal_authorities
**(a)** There is established on the books of the Treasury a fund to be known as the Department of Defense Military Retirement Fund (hereinafter in this chapter referred to as the “Fund”), which shall be administered by the Secretary of the Treasury. The Fund shall be used for the accumulation of funds in order to finance on an actuarially sound basis liabilities of the Department of Defense and the Coast Guard under military retirement and survivor benefit programs.
**(b)** In this chapter, the term “military retirement and survivor benefit programs” means—
(1) the provisions of this title creating entitlement to, or determining the amount of, retired or retainer pay;
(2) the programs under the jurisdiction of the Department of Defense providing annuities for survivors of members and former members of the armed forces, including chapter 73 of this title, section 4 of Public Law 92–425, and section 5 of Public Law 96–402; and
(3) the authority provided in [section 1408(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1408/h&num=0&edition=prelim).
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Stable record: federal_law:legal_authorities:record_usc_714313a0bc59cc57065b2a17
Source file: Laws/federal/codes/united-states-code/title-10/section-1461-establishment-and-purpose-of-fund-definition--f3a262e026.md
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Passage SHA-256: 694878cb08b52380c5223c7c2b1469ca4dcdfa2e9ff1a39f2311d520613dec17
Source location: Title 10, Chapter 74, § 1461; chapter-074-department-of-defense-military-retirement-fund.md
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**(a)** There is established on the books of the Treasury a fund to be known as the Department of Defense Military Retirement Fund (hereinafter in this chapter referred to as the “Fund”), which shall be administered by the Secretary of the Treasury. The Fund shall be used for the accumulation of funds in order to finance on an actuarially sound basis liabilities of the Department of Defense and the Coast Guard under military retirement and survivor benefit programs.
**(b)** In this chapter, the term “military retirement and survivor benefit programs” means—
(1) the provisions of this title creating entitlement to, or determining the amount of, retired or retainer pay;
(2) the programs under the jurisdiction of the Department of Defense providing annuities for survivors of members and former members of the armed forces, including chapter 73 of this title, section 4 of Public Law 92–425, and section 5 of Public Law 96–402; and
(3) the authority provided in [section 1408(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1408/h&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General Rules for Participation in the Plan.—**
(1) **Name of plan; eligible participants.—** — The program established by this subchapter shall be known as the Survivor Benefit Plan. The following persons are eligible to participate in the Plan:
(A) Persons entitled to retired pay.
(B) Persons who would be eligible for reserve-component retired pay but for the fact that they are under 60 years of age.
(2) **Participants in the plan.—** — The Plan applies to the following persons, who shall be participants in the Plan:
(A) *Standard annuity participants.—* — A person who is eligible to participate in the Plan under paragraph (1)(A) and who is married or has a dependent child when he becomes entitled to retired pay, unless he elects (with his spouse’s concurrence, if required under paragraph (3)) not to participate in the Plan before the first day for which he is eligible for that pay.
(B) *Reserve-component annuity participants.—* — A person who (i) is eligible to participate in the Plan under paragraph (1)(B), and (ii) is married or has a dependent child when he is notified under [section 12731(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12731/d&num=0&edition=prelim) that he has completed the years of service required for eligibility for reserve-component retired pay, unless the person elects (with his spouse’s concurrence, if required under paragraph (3)) not to participate in the Plan before the end of the 90-day period beginning on the date on which he receives that notification.
A person who elects under subparagraph (B) not to participate in the Plan remains eligible, upon reaching 60 years of age and otherwise becoming entitled to retired pay, to participate in the Plan in accordance with eli
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1448
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions.—** In this section:
(1) The term “court” means—
(A) any court of competent jurisdiction of any State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands;
(B) any court of the United States (as defined in [section 451 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section451&num=0&edition=prelim)) having competent jurisdiction;
(C) any court of competent jurisdiction of a foreign country with which the United States has an agreement requiring the United States to honor any court order of such country; and
(D) any administrative or judicial tribunal of a State competent to enter orders for support or maintenance (including a State agency administering a program under a State plan approved under part D of title IV of the Social Security Act), and, for purposes of this subparagraph, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa.
(2) The term “court order” means a final decree of divorce, dissolution, annulment, or legal separation issued by a court, or a court ordered, ratified, or approved property settlement incident to such a decree (including a final decree modifying the terms of a previously issued decree of divorce, dissolution, annulment, or legal separation, or a court ordered, ratified, or approved property settlement incident to such previously issued decree), or a support order, as defined in section 453(p) of the Social Security Act ([42 U.S.C. 653(p)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section653/p&num=0&edition=prelim)), which—
(A) is issued in accor
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1408
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Effective as of the first day after the death of a person to whom [section 1448 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1448&num=0&edition=prelim) applies (or on such other day as that person may provide under subsection (j)), a monthly annuity under [section 1451 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1451&num=0&edition=prelim) shall be paid to the person’s beneficiaries under the Plan, as follows:
(1) **Surviving spouse or former spouse.—** — The eligible surviving spouse or the eligible former spouse.
(2) **Surviving children.—** — The surviving dependent children in equal shares, if the eligible surviving spouse or the eligible former spouse is dead, dies, or otherwise becomes ineligible under this section.
(3) **Dependent children.—** — The dependent children in equal shares if the person to whom [section 1448 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1448&num=0&edition=prelim) applies (with the concurrence of the person’s spouse, if required under [section 1448(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1448/a/3&num=0&edition=prelim)) elected to provide an annuity for dependent children but not for the spouse or former spouse.
(4) **Special needs trusts for sole benefit of certain dependent children.—** — Notwithstanding subsection (i), a supplemental or special needs trust established under subparagraph (A) or (C) of section 1917(d)(4) of the Social Security Act ([42 U.S.C. 1396p(d)(4)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396p/d/4&num=0&edition=prelim)) for the sole benefit of a dependent child c
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1450
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) The rates of monthly basic pay for members of the uniformed services within each pay grade are those prescribed in accordance with [section 1009 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section1009&num=0&edition=prelim) or as otherwise prescribed by law.
(2) Notwithstanding the rates of basic pay in effect at any time as provided by law, the rates of basic pay payable for commissioned officers in pay grades O–7 through O–10 may not exceed the monthly equivalent of the rate of pay for level II of the Executive Schedule, and the rates of basic pay payable for all other officers and for enlisted members may not exceed the monthly equivalent of the rate of pay for level V of the Executive Schedule.
**(b)** While serving as a permanent professor at the United States Military Academy, the United States Naval Academy, or the United States Air Force Academy or as a member of the permanent commissioned teaching staff at the United States Coast Guard Academy, an officer who has over 36 years of service computed under [section 205 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section205&num=0&edition=prelim) is, in addition to the pay and allowances to which he is otherwise entitled under this title, entitled to additional pay in the amount of $250 a month. This additional pay may not be used in the computation of retired pay.
**(c)** A cadet at the United States Military Academy, the United States Air Force Academy, or the Coast Guard Academy, or a midshipman at the United States Naval Academy, is entitled to monthly cadet pay, or midshipman pay, at the monthly rate equal to 35 percent of the basic pay of a commissioned officer in the pay grade O–1 with less than two years of service.
Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 203
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Federal law — U.S. Code and appendices · legal_authorities
Page 1388
TITLE 10—ARMED FORCES
[§§ 1456 to 1460b
fits 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.
[SUBCHAPTER III—REPEALED]
[§§ 1456 to 1460b. Repealed. Pub. L. 108–375, div.
A, title VI, § 644(b)(2), Oct. 28, 2004, 118 Stat.
1961]
Section 1456, added Pub. L. 101–189, div. A, title XIV,
§ 1404(a)(1), Nov. 29, 1989, 103 Stat. 1580, related to sup-
plemental spouse coverage: establishment of plan; defi-
nitions.
Section 1457, added Pub. L. 101–189, div. A, title XIV,
§ 1404(a)(1), Nov. 29, 1989, 103 Stat. 1580; amended Pub. L.
102–190, div. A, title VI, § 653(b)(1), Dec. 5, 1991, 105 Stat.
1388; Pub. L. 103–337, div. A, title X, § 1070(e)(5), Oct. 5,
1994, 108 Stat. 2859; Pub. L. 108–375, div. A, title VI,
§ 644(b)(1), Oct. 28, 2004, 118 Stat. 1960, related to supple-
mental spouse coverage: payment of annuity; amount.
Section 1458, added Pub. L. 101–189, div. A, title XIV,
§ 1404(a)(1), Nov. 29, 1989, 103 Stat. 1581; amended Pub. L.
102–190, div. A, title VI, § 653(c)(1), Dec. 5, 1991, 105 Stat.
1388; Pub. L. 108–136, div. A, title VI, § 645(b)(2), Nov. 24,
2003, 117 Stat. 1519; Pub. L. 108–375, div. A, title X,
§ 1084(d)(10), Oct. 28, 2004, 118 Stat. 2061, related to sup-
plemental spouse coverage: eligible participants; elec-
tions of coverage.
Section 1459, added Pub. L. 101–189, div. A, title XIV,
§ 1404(a)(1), Nov. 29, 1989, 103 Stat. 1584, related to
former spouse coverage: special rules.
Section 1460, added Pub. L. 101–189, div. A, title XIV,
§ 1404(a)(1), Nov. 29, 1989, 103 Stat. 1584; amended Pub. L.
102–190, div. A, title VI, § 653(b)(2), Dec. 5, 1991, 105 Stat.
1388; Pub. L. 110–181, div. A, titl
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 1461
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.