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10 U.S.C. § 1454 — Correction of administrative errors

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1454 — Correction of administrative errors

**(a) Authority.—** The Secretary concerned may, under regulations prescribed under [section 1455 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1455&num=0&edition=prelim), correct or revoke any election under this subchapter when the Secretary considers it necessary to correct an administrative error. **(b) Finality.—** Except when procured by fraud, a correction or revocation under this section is final and conclusive on all officers of the United States.

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Source location: Title 10, Chapter 73, § 1454; chapter-073-annuities-based-on-retired-or-retainer-pay.md

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1455 — Regulations

**(a) In General.—** The President shall prescribe regulations to carry out this subchapter. Those regulations shall, so far as practicable, be uniform for the uniformed services. **(b) Notice of Elections.—** Regulations prescribed under this section shall provide that before the date on which a member becomes entitled to retired pay— (1) if the member is married, the member and the member’s spouse shall be informed of the elections available under [section 1448(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1448/a&num=0&edition=prelim) and the effects of such elections; and (2) if the notification referred to in [section 1448(a)(3)(E) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1448/a/3/E&num=0&edition=prelim) is required, any former spouse of the member shall be informed of the elections available and the effects of such elections. **(c) Procedure for Depositing Certain Receipts.—** Regulations prescribed under this section shall establish procedures for depositing the amounts referred to in sections 1448(g), 1450(k)(2), and 1452(d) of this title. **(d) Payments to Guardians, Fiduciaries, and Special Needs Trusts.—** (1) **In general.—** — Regulations prescribed under this section shall provide procedures for the payment of an annuity under this subchapter in the case of— (A) a person for whom a guardian or other fiduciary has been appointed; (B) a minor, mentally incompetent, or otherwise legally disabled person for whom a guardian or other fiduciary has not been appointed; and (C) a dependent child incapable of self-support because of mental or physical incapacity for whom a supplemental or special needs trust has been established under subparagraph (A) or (

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1454 — Correction of administrative errors

Page 1386 TITLE 10—ARMED FORCES § 1453 Mar. 1, 1986, see section 731 of Pub. L. 99–145, set out as a note under section 1447 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–402 effective Dec. 1, 1980, applicable to annuities payable for months beginning on or after such date, and prohibiting accrual of bene- fits for any period before Oct. 9, 1980, see section 7 of Pub. L. 96–402, set out as a note under section 1447 of this title. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–397 effective Oct. 1, 1978, and applicable to annuities payable by virtue of amend- ment for months beginning on or after such date, see section 210 of Pub. L. 95–397, set out as a note under sec- tion 1447 of this title. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94–496 effective Sept. 11, 1972, see section 3 of Pub. L. 94–496, set out as a note under section 1447 of this title. RECOMPUTATION OF SBP PREMIUM FOR CURRENT PARTICIPANTS Pub. L. 101–189, div. A, title XIV, § 1402(d), Nov. 29, 1989, 103 Stat. 1578, provided that: ‘‘(1) RECOMPUTATION.—The Secretary concerned shall recompute the SBP premium of persons described in paragraph (2). Any such recomputation shall take ef- fect on March 1, 1990. ‘‘(2) PERSONS COVERED.—A person referred to in para- graph (1) as described in this paragraph is a person who on March 1, 1990— ‘‘(A) is entitled to retired pay; ‘‘(B) is providing spouse coverage (as described in paragraph (5) of section 1452[(a)] of title 10, United States Code, as added by subsection (b)); and ‘‘(C) is subject to an SBP premium in excess of 61⁄2 percent of the base amount of that person under the Survivor Benefit Plan. ‘‘(3) AMOUNT OF RECOMPUTED PREMIUM.—The amount of an SBP premium recomputed under this sub

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