Browse Arkansas Code titles and sections
10 U.S.C. § 1451 — Amount of annuity
Federal law — U.S. Code and appendices · legal_authorities
**(a) Computation of Annuity for a Spouse, Former Spouse, or Child.—**
(1) **Standard annuity.—** — In the case of a standard annuity provided to a beneficiary under [section 1450(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1450/a&num=0&edition=prelim) (other than under section 1450(a)(5)), the monthly annuity payable to the beneficiary shall be determined as follows:
(A) *Beneficiary under 62 years of age.—* — If the beneficiary is under 62 years of age or is a dependent child when becoming entitled to the annuity, the monthly annuity shall be the amount equal to 55 percent of the base amount.
(B) *Beneficiary 62 years of age or older.—*
(i) *General rule.—* — If the beneficiary (other than a dependent child) is 62 years of age or older when becoming entitled to the annuity, the monthly annuity shall be the amount equal to the product of the base amount and the percent applicable to the month, as follows:
(I) For a month before October 2005, the applicable percent is 35 percent.
(II) For months after September 2005 and before April 2006, the applicable percent is 40 percent.
(III) For months after March 2006 and before April 2007, the applicable percent is 45 percent.
(IV) For months after March 2007 and before April 2008, the applicable percent is 50 percent.
(V) For months after March 2008, the applicable percent is 55 percent.
(ii) *Rule if beneficiary eligible for social security offset computation.—* — If the beneficiary is eligible to have the annuity computed under subsection (e) and if computation of the annuity under that subsection is more favorable to the beneficiary than computation under clause (i), the annuity shall be computed under that subsection rathe
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1451
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: c445ecfa129825d13dfd45da64b9e91df4d3f85aa43eebc1fa4a2521fe51c80d. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_f41b1fcf476a53555c5940c1
Source file: Laws/federal/codes/united-states-code/title-10/section-1451-amount-of-annuity--26fe0c51b9.md
Pages: Not recorded – Not recorded
Passage SHA-256: 7d1fd04abc90c5a885fee71eacc779dcc50425d774de9c53e79d70777b027525
Source location: Title 10, Chapter 73, § 1451; chapter-073-annuities-based-on-retired-or-retainer-pay.md
Stored source content
**(a) Computation of Annuity for a Spouse, Former Spouse, or Child.—**
(1) **Standard annuity.—** — In the case of a standard annuity provided to a beneficiary under [section 1450(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1450/a&num=0&edition=prelim) (other than under section 1450(a)(5)), the monthly annuity payable to the beneficiary shall be determined as follows:
(A) *Beneficiary under 62 years of age.—* — If the beneficiary is under 62 years of age or is a dependent child when becoming entitled to the annuity, the monthly annuity shall be the amount equal to 55 percent of the base amount.
(B) *Beneficiary 62 years of age or older.—*
(i) *General rule.—* — If the beneficiary (other than a dependent child) is 62 years of age or older when becoming entitled to the annuity, the monthly annuity shall be the amount equal to the product of the base amount and the percent applicable to the month, as follows:
(I) For a month before October 2005, the applicable percent is 35 percent.
(II) For months after September 2005 and before April 2006, the applicable percent is 40 percent.
(III) For months after March 2006 and before April 2007, the applicable percent is 45 percent.
(IV) For months after March 2007 and before April 2008, the applicable percent is 50 percent.
(V) For months after March 2008, the applicable percent is 55 percent.
(ii) *Rule if beneficiary eligible for social security offset computation.—* — If the beneficiary is eligible to have the annuity computed under subsection (e) and if computation of the annuity under that subsection is more favorable to the beneficiary than computation under clause (i), the annuity shall be computed under that subsection rather than under clause (i).
(2) **Reserve-component annuity.—** — In the case of a reserve-component annuity provided to a beneficiary under [section 1450(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1450/a&num=0&edition=prelim) (other than under section 1450(a)(5)), the monthly annuity payable to the beneficiary shall be determined as follows:
(A) *Beneficiary under 62 years of age.—* — If the beneficiary is under 62 years of age or is a dependent child when becoming entitled to the annuity, the monthly annuity shall be the amount equal to a percentage of the base amount that—
(i) is less than 55 percent; and
(ii) is determined under subsection (f).
(B) *Beneficiary 62 years of age or older.—*
(i) *General rule.—* — If the beneficiary (other than a dependent child) is 62 years of age or older when becoming entitled to the annuity, the monthly annuity shall be the amount equal to a percentage of the base amount that—
(I) is less than the percent specified under subsection (a)(1)(B)(i) as being applicable for the month; and
(II) is determined under subsection (f).
(ii) *Rule if beneficiary eligible for social security offset computation.—* — If the beneficiary is eligible to have the annuity computed under subsection (e) and if, at the time the beneficiary becomes entitled to the annuity, computation of the annuity under that subsection is more favorable to the beneficiary than computation under clause (i), the annuity shall be computed under that subsection rather than under clause (i).
**(b) Insurable Interest Beneficiary.—**
(1) **Standard annuity.—** — In the case of a standard annuity provided to a beneficiary under [section 1450(a)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1450/a/5&num=0&edition=prelim), the monthly annuity payable to the beneficiary shall be the amount equal to 55 percent of the retired pay of the person who elected to provide the annuity after the reduction in that pay in accordance with [section 1452(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1452/c&num=0&edition=prelim).
(2) **Reserve-component annuity.—** — In the case of a reserve-component annuity provided to a beneficiary under [section 1450(a)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1450/a/5&num=0&edition=prelim), the monthly annuity payable to the beneficiary shall be the amount equal to a percentage of the retired pay of the person who elected to provide the annuity after the reduction in such pay in accordance with [section 1452(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1452/c&num=0&edition=prelim) that—
(A) is less than 55 percent; and
(B) is determined under subsection (f).
(3) **Computation of reserve-component annuity when participant dies before age 60.—** — For the purposes of paragraph (2), a person—
(A) who provides an annuity that is determined in accordance with that paragraph;
(B) who dies before becoming 60 years of age; and
(C) who at the time of death is otherwise entitled to retired pay,
shall be considered to have been entitled to retired pay at the time of death. The retired pay of such person for the purposes of such paragraph shall be computed on the basis of the rates of basic pay in effect on the date on which the annuity provided by such person is to become effective in accordance with the designation of such person under [section 1448(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1448/e&num=0&edition=prelim).
**(c) Annuities for Survivors of Certain Persons Dying During a Period of Special Eligibility for SBP.—**
(1) **In general.—** — In the case of an annuity provided under section 1448(d) or 1448(f) of this title, the amount of the annuity shall be determined as follows:
(A) *Beneficiary under 62 years of age.—* — If the person receiving the annuity is under 62 years of age or is a dependent child when the member or former member dies, the monthly annuity shall be the amount equal to 55 percent of the retired pay to which the member or former member would have been entitled if the member or former member had been entitled to that pay when he died determined as follows:
(i) In the case of an annuity provided under section 1448(d) or 1448(f) of this title (other than in a case covered by clause (ii) or (iii)), such retired pay shall be computed as if the member had been retired under [section 1201 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1201&num=0&edition=prelim) on the date of the member’s death with a disability rated as total.
(ii) In the case of an annuity provided under [section 1448(d)(1)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1448/d/1/A&num=0&edition=prelim) by reason of the death of a member not in line of duty, such retired pay shall be computed based upon the member’s years of active service when he died.
(iii) In the case of an annuity provided under [section 1448(f)(1)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1448/f/1/A&num=0&edition=prelim) by reason of the death of a member or former member not in line of duty, such retired pay shall be computed based upon the member or former member’s years of service when he died computed under [section 12733 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12733&num=0&edition=prelim).
(B) *Beneficiary 62 years of age or older.—*
(i) *General rule.—* — If the person receiving the annuity (other than a dependent child) is 62 years of age or older when the member or former member dies, the monthly annuity shall be the amount equal to the applicable percent of the retired pay to which the member or former member would have been entitled as determined under subparagraph (A). The percent applicable for a month under the preceding sentence is the percent specified under subsection (a)(1)(B)(i) as being applicable for that month.
(ii) *Rule if beneficiary eligible for social security offset computation.—* — If the beneficiary is eligible to have the annuity computed under subsection (e) and if computation of the annuity under that subsection is more favorable to the beneficiary than computation under clause (i), the annuity shall be computed under that subsection rather than under clause (i).
(2) **DIC offset.—** — An annuity computed under paragraph (1) that is paid to a surviving spouse shall be reduced by a portion (calculated under [section 1450(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1450/c&num=0&edition=prelim)) of the amount of dependency and indemnity compensation to which the surviving spouse is entitled under [section 1311(a) of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1311/a&num=0&edition=prelim). Any such reduction shall be effective on the date of the commencement of the period of payment of such compensation under title 38.
(3) **Servicemembers not yet granted retired pay.—** — In the case of an annuity provided by reason of the service of a member described in clause (ii) or (iii) of [section 1448(d)(1)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1448/d/1/A&num=0&edition=prelim) who first became a member of a uniformed service before September 8, 1980, the retired pay to which the member would have been entitled when he died shall be determined for purposes of paragraph (1) based upon the rate of basic pay in effect at the time of death for the grade in which the member was serving at the time of death, unless (as determined by the Secretary concerned) the member would have been entitled to be retired in a higher grade.
(4) **Rate of pay to be used in computing annuity.—** — In the case of an annuity paid under [section 1448(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1448/f&num=0&edition=prelim) by reason of the service of a person who first became a member of a uniformed service before September 8, 1980, the retired pay of the person providing the annuity shall for the purposes of paragraph (1) be computed on the basis of the rates of basic pay in effect on the effective date of the annuity.
**(d) Reduction of Annuities at Age 62.—**
(1) **Reduction required.—** — The annuity of a person whose annuity is computed under subparagraph (A) of subsection (a)(1), (a)(2), or (c)(1) shall be reduced on the first day of the month after the month in which the person becomes 62 years of age.
(2) **Amount of annuity as reduced.—**
(A) *Computation of annuity.—* — Except as provided in subparagraph (B), the reduced amount of the annuity shall be the amount of the annuity that the person would be receiving on that date if the annuity had initially been computed under subparagraph (B) of that subsection.
(B) *Savings provision for beneficiaries eligible for social security offset computation.—* — In the case of a person eligible to have an annuity computed under subsection (e) and for whom, at the time the person becomes 62 years of age, the annuity computed with a reduction under subsection (e)(3) is more favorable than the annuity with a reduction described in subparagraph (A), the reduction in the annuity shall be computed in the same manner as a reduction under subsection (e)(3).
**(e) Savings Provision for Certain Beneficiaries.—**
(1) **Persons covered.—** — The following beneficiaries under the Plan are eligible to have an annuity under the Plan computed under this subsection:
(A) A beneficiary receiving an annuity under the Plan on October 1, 1985, as the surviving spouse or former spouse of the person providing the annuity.
(B) A spouse or former spouse beneficiary of a person who on October 1, 1985—
(i) was a participant in the Plan;
(ii) was entitled to retired pay or was qualified for that pay except that he had not applied for and been granted that pay; or
(iii) would have been eligible for reserve-component retired pay but for the fact that he was under 60 years of age.
(2) **Amount of annuity.—** — Subject to paragraph (3), an annuity computed under this subsection is determined as follows:
(A) *Standard annuity.—* — In the case of the beneficiary of a standard annuity, the annuity shall be the amount equal to 55 percent of the base amount.
(B) *Reserve-component annuity.—* — In the case of the beneficiary of a reserve-component annuity, the annuity shall be the percentage of the base amount that—
(i) is less than 55 percent; and
(ii) is determined under subsection (f).
(C) *Beneficiaries of persons dying during a period of special eligibility for sbp.—* — In the case of the beneficiary of an annuity under section 1448(d) or 1448(f) of this title, the annuity shall be the amount equal to 55 percent of the retired pay of the person providing the annuity (as that pay is determined under subsection (c)).
(3) **Social security offset.—** — An annuity computed under this subsection shall be reduced by the lesser of the following:
(A) *Social security computation.—* — The amount of the survivor benefit, if any, to which the surviving spouse (or the former spouse, in the case of a former spouse beneficiary who became a former spouse under a divorce that became final after November 29, 1989) would be entitled under title II of the Social Security Act ([42 U.S.C. 401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section401&num=0&edition=prelim) et seq.) based solely upon service by the person concerned as described in section 210(l)(1) of such Act ([42 U.S.C. 410](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section410&num=0&edition=prelim)(l)(1)) and calculated assuming that the person concerned lives to age 65.
(B) *Maximum amount of reduction.—* — 40 percent of the amount of the monthly annuity as determined under paragraph (2).
(4) **Special rules for social security offset computation.—**
(A) *Treatment of deductions made on account of work.—* — For the purpose of paragraph (3), a surviving spouse (or a former spouse, in the case of a person who becomes a former spouse under a divorce that becomes final after November 29, 1989) shall not be considered as entitled to a benefit under title II of the Social Security Act ([42 U.S.C. 401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section401&num=0&edition=prelim) et seq.) to the extent that such benefit has been offset by deductions under section 203 of such Act ([42 U.S.C. 403](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section403&num=0&edition=prelim)) on account of work.
(B) *Treatment of certain periods for which social security refunds are made.—* — In the computation of any reduction made under paragraph (3), there shall be excluded any period of service described in section 210(l)(1) of the Social Security Act ([42 U.S.C. 410](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section410&num=0&edition=prelim)(l)(1))—
(i) which was performed after December 1, 1980; and
(ii) which involved periods of service of less than 30 continuous days for which the person concerned is entitled to receive a refund under section 6413(c) of the Internal Revenue Code of 1986 of the social security tax which the person had paid.
**(f) Determination of Percentages Applicable to Computation of Reserve-Component Annuities.—** The percentage to be applied in determining the amount of an annuity computed under subsection (a)(2), (b)(2), or (e)(2)(B) shall be determined under regulations prescribed by the Secretary of Defense. Such regulations shall be prescribed taking into consideration the following:
(1) The age of the person electing to provide the annuity at the time of such election.
(2) The difference in age between such person and the beneficiary of the annuity.
(3) Whether such person provided for the annuity to become effective (in the event he died before becoming 60 years of age) on the day after his death or on the 60th anniversary of his birth.
(4) Appropriate group annuity tables.
(5) Such other factors as the Secretary considers relevant.
**(g) Adjustments to Annuities.—**
(1) **Periodic adjustments for cost-of-living.—**
(A) *Increases in annuities when retired pay increased.—* — Whenever retired pay is increased under [section 1401a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1401a&num=0&edition=prelim) (or any other provision of law), each annuity that is payable under the Plan shall be increased at the same time.
(B) *Percentage of increase.—* — The increase shall, in the case of any annuity, be by the same percent as the percent by which the retired pay of the person providing the annuity would have been increased at such time if the person were alive (and otherwise entitled to such pay).
(C) *Certain reductions to be disregarded.—* — The amount of the increase shall be based on the monthly annuity payable before any reduction under [section 1450(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1450/c&num=0&edition=prelim) or under subsection (c)(2).
(2) **Rounding down.—** — The monthly amount of an annuity payable under this subchapter, if not a multiple of $1, shall be rounded to the next lower multiple of $1.
**(h) Adjustments to Base Amount.—**
(1) **Periodic adjustments for cost-of-living.—**
(A) *Increases in base amount when retired pay increased.—* — Whenever retired pay is increased under [section 1401a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1401a&num=0&edition=prelim) (or any other provision of law), the base amount applicable to each participant in the Plan shall be increased at the same time.
(B) *Percentage of increase.—* — The increase shall be by the same percent as the percent by which the retired pay of the participant is so increased.
(2) **Recomputation at age 62.—** — When the retired pay of a person who first became a member of a uniformed service on or after August 1, 1986, and who is a participant in the Plan is recomputed under [section 1410 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1410&num=0&edition=prelim) upon the person’s becoming 62 years of age, the base amount applicable to that person shall be recomputed (effective on the effective date of the recomputation of such retired pay under [section 1410 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1410&num=0&edition=prelim)) so as to be the amount equal to the amount of the base amount that would be in effect on that date if increases in such base amount under paragraph (1) had been computed as provided in paragraph (2) of [section 1401a(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1401a/b&num=0&edition=prelim) (rather than under paragraph (3) of that section).
(3) **Disregarding of retired pay reductions for retirement of certain members before 30 years of service.—** — Computation of a member’s retired pay for purposes of this section shall be made without regard to any reduction under [section 1409(b)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1409/b/2&num=0&edition=prelim).
**(i) Recomputation of Annuity for Certain Beneficiaries.—** In the case of an annuity under the Plan which is computed on the basis of the retired pay of a person who would have been entitled to have that retired pay recomputed under [section 1410 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1410&num=0&edition=prelim) upon attaining 62 years of age, but who dies before attaining that age, the annuity shall be recomputed, effective on the first day of the first month beginning after the date on which the member or former member would have attained 62 years of age, so as to be the amount equal to the amount of the annuity that would be in effect on that date if increases under subsection (h)(1) in the base amount applicable to that annuity to the time of the death of the member or former member, and increases in such annuity under subsection (g)(1), had been computed as provided in paragraph (2) of [section 1401a(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1401a/b&num=0&edition=prelim) (rather than under paragraph (3) of that section).
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
In the case of a member or former member who first became a member of a uniformed service on or after August 1, 1986, who has elected to receive a bonus under section 322 (as in effect before the enactment of the National Defense Authorization Act for Fiscal Year 2008) or [section 354 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section354&num=0&edition=prelim), and who becomes entitled to retired pay before the age of 62, the retired pay of such member or former member shall be recomputed, effective on the first day of the first month beginning after the member or former member attains 62 years of age, so as to be the amount equal to the amount of retired pay to which the member or former member would be entitled on that date if—
(1) increases in the retired pay of the member or former member under [section 1401a(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1401a/b&num=0&edition=prelim) had been computed as provided in paragraph (2) of that section (rather than under paragraph (3) of that section); and
(2) in the case of a member whose retired pay was subject to [section 1409(b)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1409/b/2&num=0&edition=prelim), no reduction in the member’s retired pay had been made under that section.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1410
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
For the purpose of computing the retired pay of a person under this chapter, the person’s years of service and any fraction of such a year are computed by dividing 360 into the sum of the following:
(1) The person’s days of active service.
(2) The person’s days of full-time service under sections 316, 502, 503, 504, and 505 of title 32 while performing annual training duty or while attending a prescribed course of instruction at a school designated as a service school by law or by the Secretary concerned.
(3) One day for each point credited to the person under clause (B), (C), (D), or (F) of [section 12732(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12732/a/2&num=0&edition=prelim), but not more than—
(A) 60 days in any one year of service before the year of service that includes September 23, 1996;
(B) 75 days in the year of service that includes September 23, 1996, and in any subsequent year of service before the year of service that includes October 30, 2000;
(C) 90 days in the year of service that includes October 30, 2000, and in any subsequent year of service before the year of service that includes October 30, 2007; and
(D) 130 days in the year of service that includes October 30, 2007, and in any subsequent year of service.
(4) One day for each point credited to the person under subparagraph (E) of [section 12732(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12732/a/2&num=0&edition=prelim).
(5) One day for each point credited to the person under subparagraph (F) of [section 12732(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12732/a/2&num=0&edition=prelim).
(6) 50 days for each year before Jul
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 12733
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this subchapter—
**(a) Employment** The term “employment” means any service performed after 1936 and prior to 1951 which was employment for the purposes of this subchapter under the law applicable to the period in which such service was performed, and any service, of whatever nature, performed after 1950 (A) by an employee for the person employing him, irrespective of the citizenship or residence of either, (i) within the United States, or (ii) on or in connection with an American vessel or American aircraft under a contract of service which is entered into within the United States or during the performance of which and while the employee is employed on the vessel or aircraft it touches at a port in the United States, if the employee is employed on and in connection with such vessel or aircraft when outside the United States, or (B) outside the United States by a citizen or resident of the United States as an employee (i) of an American employer (as defined in subsection (e) of this section), or (ii) of a foreign affiliate (as defined in section 3121(l)(6) of the Internal Revenue Code of 1986) of an American employer during any period for which there is in effect an agreement, entered into pursuant to section 3121(l) of such Code, with respect to such affiliate, or (C) if it is service, regardless of where or by whom performed, which is designated as employment or recognized as equivalent to employment under an agreement entered into under [section 433 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section433&num=0&edition=prelim); except that, in the case of service performed after 1950, such term shall not include—
(1) Service performed by foreign agricultural workers lawfully admitted to the United States fro
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 410
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
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
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Disability, Non-Regular Service, Warrant Officer, and DOPMA Retirement.—** The monthly retired pay of a person entitled thereto under this subtitle is computed according to the following table. For each case covered by a section of this title named in the column headed “For sections”, retired pay is computed by taking, in order, the steps prescribed opposite it in columns 1, 2, and 3, as modified by the applicable footnotes. Formula No.For sectionsColumn 1 TakeColumn 2 Multiply byColumn 3 Add 1 Before applying percentage factor, credit each full month of service that is in addition to the number of full years of service creditable to the member as one-twelfth of a year and disregard any remaining fractional part of a month. 112011204Retired pay base as computed under section 1406(b) or 1407.As member elects— (1) the retired pay multiplier determined for the member under [section 1409 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1409&num=0&edition=prelim); 1 or (2) the percentage of disability, not to exceed 75%, on date when retired. 212021205Retired pay base as computed under section 1406(b) or 1407.As member elects— (1) the retired pay multiplier determined for the member under [section 1409 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1409&num=0&edition=prelim); 1 or (2) the percentage of disability, not to exceed 75%, on date when his name was placed on temporary disability retired list.Amount necessary to increase product of columns 1 and 2 to 50% of retired pay base upon which computation is based. 4580126312931305Retired pay base as computed under section 1406(b) or 1407.The retired pay multiplier prescribed in section 1409 for the years of service credited to him un
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1401
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Prohibition on Recomputation To Reflect Increases in Basic Pay.—** Unless otherwise specifically provided by law, the retired pay of a member or former member of an armed force may not be recomputed to reflect any increase in the rates of basic pay for members of the armed forces.
**(b) Cost-of-Living Adjustments Based on CPI Increases.—**
(1) **Increase required.—** — Effective on December 1 of each year, the Secretary of Defense shall increase the retired pay of members and former members entitled to that pay in accordance with paragraphs (2) and (3).
(2) **Percentage increase.—** — Except as otherwise provided in this subsection, the Secretary shall increase the retired pay of each member and former member by the percent (adjusted to the nearest one-tenth of 1 percent) by which—
(A) the price index for the base quarter of that year, exceeds
(B) the base index.
(3) **Reduced percentage for certain post-august 1, 1986 members.—** — If the percent determined under paragraph (2) is greater than 1 percent, the Secretary shall increase the retired pay of each member and former member who first became a member on or after August 1, 1986, and has elected to receive a bonus under section 322 (as in effect before the enactment of the National Defense Authorization Act for Fiscal Year 2008) or [section 354 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section354&num=0&edition=prelim), by the difference between—
(A) the percent determined under paragraph (2); and
(B) 1 percent.
(4) **Special rule for paragraph (3).—** — If in any case in which an increase in retired pay that would otherwise be made under paragraph (3) is not made by reason of law (other than any provision of this section), then (unless otherwise provided
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1401a
Stored review status: release_metadata_unconfirmed. 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
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Federal Old-Age and Survivors Insurance Trust Fund** There is hereby created on the books of the Treasury of the United States a trust fund to be known as the “Federal Old-Age and Survivors Insurance Trust Fund”. The Federal Old-Age and Survivors Insurance Trust Fund shall consist of the securities held by the Secretary of the Treasury for the Old-Age Reserve Account and the amount standing to the credit of the Old-Age Reserve Account on the books of the Treasury on January 1, 1940, which securities and amount the Secretary of the Treasury is authorized and directed to transfer to the Federal Old-Age and Survivors Insurance Trust Fund, and, in addition, such gifts and bequests as may be made as provided in subsection (i)(1), and such amounts as may be appropriated to, or deposited in, the Federal Old-Age and Survivors Insurance Trust Fund as hereinafter provided. There is hereby appropriated to the Federal Old-Age and Survivors Insurance Trust Fund for the fiscal year ending June 30, 1941, and for each fiscal year thereafter, out of any moneys in the Treasury not otherwise appropriated, amounts equivalent to 100 per centum of—
(1) the taxes (including interest, penalties, and additions to the taxes) received under subchapter A of chapter 9 of the Internal Revenue Code of 1939 (and covered into the Treasury) which are deposited into the Treasury by collectors of internal revenue before January 1, 1951; and
(2) the taxes certified each month by the Commissioner of Internal Revenue as taxes received under subchapter A of chapter 9 of such Code which are deposited into the Treasury by collectors of internal revenue after December 31, 1950, and before January 1, 1953, with respect to assessments of such taxes made before January 1, 1951; and
(3) the taxes imposed by
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 401
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1447
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Retirement.—** Upon a determination by the Secretary concerned that a member described in subsection (c) is unfit to perform the duties of the member’s office, grade, rank, or rating because of physical disability incurred while entitled to basic pay or while absent as described in subsection (c)(3), the Secretary may retire the member, with retired pay computed under [section 1401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1401&num=0&edition=prelim), if the Secretary also makes the determinations with respect to the member and that disability specified in subsection (b).
**(b) Required Determinations of Disability.—** Determinations referred to in subsection (a) are determinations by the Secretary that—
(1) based upon accepted medical principles, the disability is of a permanent nature and stable;
(2) the disability is not the result of the member’s intentional misconduct or willful neglect, and was not incurred during a period of unauthorized absence; and
(3) either—
(A) the member has at least 20 years of service computed under [section 1208 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1208&num=0&edition=prelim); or
(B) the disability is at least 30 percent under the standard schedule of rating disabilities in use by the Department of Veterans Affairs at the time of the determination; and either—
(i) the disability was not noted at the time of the member’s entrance on active duty (unless clear and unmistakable evidence demonstrates that the disability existed before the member’s entrance on active duty and was not aggravated by active military service);
(ii) the disability is the proximate result of performing active duty;
(iii) the disability
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1201
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.