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10 U.S.C. § 1455 — Regulations

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

10 U.S.C. § 1455 — Regulations

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Stable record: federal_law:legal_authorities:record_usc_e2831af88daf2c2953e34909
Source file: Laws/federal/codes/united-states-code/title-10/section-1455-regulations--34f025f284.md
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Source location: Title 10, Chapter 73, § 1455; chapter-073-annuities-based-on-retired-or-retainer-pay.md

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**(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 (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)). (2) **Authorized procedures.—** — The regulations under paragraph (1) may include provisions for the following: (A) In the case of an annuitant referred to in paragraph (1)(A), payment of the annuity to the appointed guardian or other fiduciary. (B) In the case of an annuitant referred to in paragraph (1)(B), payment of the annuity to any person who, in the judgment of the Secretary concerned, is responsible for the care of the annuitant. (C) In the case of an annuitant referred to in paragraph (1)(C), payment of the annuity to the supplemental or special needs trust established for the annuitant. (D) Subject to subparagraphs (E) and (F), a requirement for the payee of an annuity to spend or invest the amounts paid on behalf of the annuitant solely for benefit of the annuitant. (E) Authority for the Secretary concerned to permit the payee to withhold from the annuity payment such amount, not in excess of 4 percent of the annuity, as the Secretary concerned considers a reasonable fee for the fiduciary services of the payee when a court appointment order provides for payment of such a fee to the payee for such services or the Secretary concerned determines that payment of a fee to such payee is necessary in order to obtain the fiduciary services of the payee. (F) Authority for the Secretary concerned to require the payee to provide a surety bond in an amount sufficient to protect the interests of the annuitant and to pay for such bond out of the annuity. (G) A requirement for the payee of an annuity to maintain and, upon request, to provide to the Secretary concerned an accounting of expenditures and investments of amounts paid to the payee. (H) In the case of an annuitant referred to in paragraph (1)(B) or (1)(C)— (i) procedures for determining incompetency and for selecting a payee to represent the annuitant for the purposes of this section, including provisions for notifying the annuitant of the actions being taken to make such a determination and to select a representative payee, an opportunity for the annuitant to review the evidence being considered, and an opportunity for the annuitant to submit additional evidence before the determination is made; (ii) standards for determining incompetency, including standards for determining the sufficiency of medical evidence and other evidence; and (iii) procedures for determining when annuity payments to a supplemental or special needs trust shall end based on the death or marriage of the dependent child for which the trust was established. (I) Provisions for any other matter that the President considers appropriate in connection with the payment of an annuity in the case of a person referred to in paragraph (1). (3) **Legal effect of payment to guardian, fiduciary, or trust.—** — An annuity paid to a person on behalf of an annuitant in accordance with the regulations prescribed pursuant to paragraph (1) discharges the obligation of the United States for payment to the annuitant of the amount of the annuity so paid.

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

10 U.S.C. § 1447 — Definitions

In this subchapter: (1) **Plan.—** — The term “Plan” means the Survivor Benefit Plan established by this subchapter. (2) **Standard annuity.—** — The term “standard annuity” means an annuity provided by virtue of eligibility under [section 1448(a)(1)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1448/a/1/A&num=0&edition=prelim). (3) **Reserve-component annuity.—** — The term “reserve-component annuity” means an annuity provided by virtue of eligibility under [section 1448(a)(1)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1448/a/1/B&num=0&edition=prelim). (4) **Retired pay.—** — The term “retired pay” includes retainer pay paid under [section 8330 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section8330&num=0&edition=prelim). (5) **Reserve-component retired pay.—** — The term “reserve-component retired pay” means retired pay under chapter 1223 of this title (or under chapter 67 of this title as in effect before the effective date of the Reserve Officer Personnel Management Act). (6) **Base amount.—** — The term “base amount” means the following: (A) *Full amount under standard annuity.—* — In the case of a person who dies after becoming entitled to retired pay, such term means the amount of monthly retired pay (determined without regard to any reduction under section 1409(b)(2) or 1415(b)(1)(B) of this title) to which the person— (i) was entitled when he became eligible for that pay; or (ii) later became entitled by being advanced on the retired list, performing active duty, or being transferred from the temporary disability retired list to the permanent disability retired list. (B) *Full amount under reserve-compo

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

10 U.S.C. § 1448 — Application of Plan

**(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

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

10 U.S.C. § 1450 — Payment of annuity: beneficiaries

**(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

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

10 U.S.C. § 1455 — Regulations

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

42 U.S.C. § 1396p — Liens, adjustments and recoveries, and transfers of assets

**(a) Imposition of lien against property of an individual on account of medical assistance rendered to him under a State plan** (1) No lien may be imposed against the property of any individual prior to his death on account of medical assistance paid or to be paid on his behalf under the State plan, except— (A) pursuant to the judgment of a court on account of benefits incorrectly paid on behalf of such individual, or (B) in the case of the real property of an individual— (i) who is an inpatient in a nursing facility, intermediate care facility for the mentally retarded, or other medical institution, if such individual is required, as a condition of receiving services in such institution under the State plan, to spend for costs of medical care all but a minimal amount of his income required for personal needs, and (ii) with respect to whom the State determines, after notice and opportunity for a hearing (in accordance with procedures established by the State), that he cannot reasonably be expected to be discharged from the medical institution and to return home, except as provided in paragraph (2). (2) No lien may be imposed under paragraph (1)(B) on such individual’s home if— (A) the spouse of such individual, (B) such individual’s child who is under age 21, or (with respect to States eligible to participate in the State program established under subchapter XVI) is blind or permanently and totally disabled, or (with respect to States which are not eligible to participate in such program) is blind or disabled as defined in [section 1382c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1382c&num=0&edition=prelim), or (C) a sibling of such individual (who has an equity interest in such home and who

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

42 U.S.C. § 1396p — Liens, adjustments and recoveries, and

Page 4254 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1396p Subsec. (c)(2)(B). Pub. L. 109–432, § 405(a)(2)(D), sub- stituted ‘‘not subject to cost sharing under subsection (a) due to the application of paragraph (1)(B)’’ for ‘‘oth- erwise not subject to cost sharing due to the applica- tion of subsection (b)(3)(B)’’. Subsec. (c)(2)(C). Pub. L. 109–432, § 405(a)(1)(D), in- serted ‘‘under subsection (a)(2)(B) or’’ after ‘‘cost shar- ing applied’’. Subsec. (e). Pub. L. 109–171, § 6043(a), added subsec. (e). Subsec. (e)(2)(A). Pub. L. 109–432, § 405(a)(2)(E), sub- stituted ‘‘Individuals with family income between 100 and 150 percent of the poverty line’’ for ‘‘For poorest beneficiaries’’ in heading and ‘‘under subsection (b)(1)(B)(ii)’’ for ‘‘under subsection (b)(1)’’ in text. Pub. L. 109–432, § 405(a)(1)(E), inserted ‘‘who is not de- scribed in subparagraph (B)’’ after ‘‘in subsection (b)(1)’’. Subsec. (e)(2)(B). Pub. L. 109–432, § 405(a)(2)(F), sub- stituted ‘‘described in subsection (a)(2)(A) or who is not subject to cost sharing under subsection (b)(3)(B) with respect to non-emergency services described in para- graph (1)’’ for ‘‘who is otherwise not subject to cost sharing under subsection (b)(3)’’. Subsec. (e)(2)(C). Pub. L. 109–432, § 405(a)(2)(G), in- serted ‘‘or section 1396o of this title’’ after ‘‘subsection (a)’’. Pub. L. 109–432, § 405(a)(1)(D), inserted ‘‘under sub- section (a)(2)(B) or’’ after ‘‘cost sharing applied’’. Subsec. (e)(4)(A). Pub. L. 109–432, § 405(a)(5), struck out ‘‘the physician determines’’ after ‘‘a hospital that’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2022 AMENDMENT Amendment by Pub. L. 117–169 effective on the 1st day of the 1st fiscal quarter that begins on or after the date that is 1 year af

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