10 U.S.C. § 1452 — Reduction in retired pay

Page 1380 TITLE 10—ARMED FORCES § 1452 provided an annuity and who dies before becoming 60 years of age. Subsec. (d). Pub. L. 95–397, § 204(d), added subsec. (d). 1976—Subsec. (b). Pub. L. 94–496 substituted ‘‘(a)(4)’’ for ‘‘(a)(3)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2019 AMENDMENT Amendment by Pub. L. 116–92 effective on the first day of the first month that begins after Dec. 20, 2019, see section 622(f) of Pub. L. 116–92, set out as a note under section 1448 of this title. EFFECTIVE DATE OF 2016 AMENDMENT Amendment by Pub. L. 114–328 inapplicable to accural of annuity benefits under subchapter II of chapter 73 of this title for any period prior to Dec. 23, 2016, with pro- visions for election of benefits payable to dependent children, see section 642(e) of Pub. L. 114–328, set out as a note under section 1448 of this title. EFFECTIVE DATE OF 2001 AMENDMENT Amendment by Pub. L. 107–107 effective Sept. 10, 2001, and applicable with respect to deaths of members of the Armed Forces occurring on or after that date, see sec- tion 642(d) of Pub. L. 107–107, set out as a note under section 1448 of this title. EFFECTIVE DATE OF 1999 AMENDMENT Amendment by Pub. L. 106–65 effective Oct. 1, 1999, see section 644 of Pub. L. 106–65, set out as a note under section 1401a of this title. EFFECTIVE DATE OF 1989 AMENDMENT Pub. L. 101–189, div. A, title XIV, § 1407(b)(2), Nov. 29, 1989, 103 Stat. 1589, provided that: ‘‘The amendments made by paragraph (1) [amending this section] shall apply only with respect to the computation of an annu- ity for a person who becomes a former spouse under a divorce that becomes final after the date of the enact- ment of this Act [Nov. 29, 1989].’’ EFFECTIVE DATE OF 1988 AMENDMENT Pub. L. 100–456, div. A, title VI, § 652(b), Sept. 29, 1988, 102 Stat. 1991, provided that: ‘‘The amendments made by subsection (a) [amending this section] shall apply to payments under the Survivor Benefit Plan established under subchapter II of chapter 73 of title 10, United States Code, for periods after February 28, 1986.’’ EFFECTIVE DATE OF 1986 AMENDMENT Amendment by section 642(b) of Pub. L. 99–661 appli- cable to payments for periods after Feb. 28, 1986, see section 642(c) of Pub. L. 99–661, set out as a note under section 1448 of this title. EFFECTIVE DATE OF 1985 AMENDMENT Amendment by section 711(a) of Pub. L. 99–145 effec- tive Mar. 1, 1986, with prohibition against accrual of benefits to any person by reason of the enactment of such title VII for any period before Mar. 1, 1986, see sec- tion 731 of Pub. L. 99–145, set out as a note under sec- tion 1447 of this title. Pub. L. 99–145, title VII, § 711(b), Nov. 8, 1985, 99 Stat. 670, provided that the repeal of section 641 of Pub. L. 98–525 [amending this section and enacting provision set out below] is effective Sept. 1, 1985. EFFECTIVE DATE OF 1984 AMENDMENT Section 641(b) of Pub. L. 98–525, which provided that the amendments made by subsection (a), amending this section, was applicable only in the case of payments of annuities payable for periods that began on or after Sept. 30, 1985, was repealed effective Sept. 1, 1985, by section 711(b) of Pub. L. 99–145. EFFECTIVE DATE OF 1983 AMENDMENT Amendment by Pub. L. 98–94 effective Oct. 1, 1983, see section 922(e) of Pub. L. 98–94, set out as a note under section 1401 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. ADJUSTMENT OF ANNUITIES FOR SURVIVORS OF CERTAIN MEMBERS WHO DIED WHILE ON ACTIVE DUTY BE- TWEEN SEPTEMBER 21, 1972 AND NOVEMBER 29, 1990 Pub. L. 101–189, div. A, title XIV, § 1403(b)–(d), Nov. 29, 1989, 103 Stat. 1579, provided that: ‘‘(b) ADJUSTMENT OF ANNUITIES ALREADY IN EFFECT.— ‘‘(1) RECOMPUTATION.—The Secretary concerned shall recompute the annuity of any person who on the effective date specified in subsection (d) is entitled to an annuity under the Survivor Benefit Plan by reason of eligibility described in section 1448(d)(1)(B) or 1448(d)(1)(C) of title 10, United States Code, and who is further described in subsection (c). ‘‘(2) AMOUNT OF RECOMPUTED ANNUITIES.—The amount of the annuity as so recomputed shall be the amount that would be in effect for that annuity on the effective date specified in subsection (d) if the an- nuity had originally been computed subject to the provisions of paragraph (3) of section 1451(c) of title 10, United States Code, as amended by subsection (a). ‘‘(c) PERSONS ELIGIBLE FOR RECOMPUTATION.—A per- son is eligible to have an annuity under the Survivor Benefit Plan recomputed under subsection (b) if— ‘‘(1) the annuity is based upon the service of a mem- ber of the uniformed services who died on active duty during the period beginning on September 21, 1972, and ending on the effective date specified in sub- section (d); and ‘‘(2) the retired pay of that member for the purposes of determining the amount of the annuity under the Survivor Benefit Plan was computed using a rate of basic pay lower than 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. ‘‘(d) EFFECTIVE DATE.—An annuity recomputed under subsection (b) shall take effect as so recomputed on March 1, 1990.’’ § 1452. Reduction in retired pay (a) SPOUSE AND FORMER SPOUSE ANNUITIES.— (1) REQUIRED REDUCTION IN RETIRED PAY.—Ex- cept as provided in subsection (b), the retired pay, other than retired pay received as a lump sum under section 1415(b)(1)(A) of this title, of a participant in the Plan who is providing spouse coverage (as described in paragraph (5)) shall be reduced as follows: (A) STANDARD ANNUITY.—If the annuity coverage being provided is a standard annu- ity, the reduction shall be as follows: (i) DISABILITY AND NONREGULAR SERVICE RETIREES.—In the case of a person who is entitled to retired pay under chapter 61 or chapter 1223 of this title, the reduction shall be in whichever of the alternative re- duction amounts is more favorable to that person. Page 1381 TITLE 10—ARMED FORCES § 1452 (ii) MEMBERS AS OF ENACTMENT OF FLAT- RATE REDUCTION.—In the case of a person who first became a member of a uniformed service before March 1, 1990, the reduction shall be in whichever of the alternative re- duction amounts is more favorable to that person. (iii) NEW ENTRANTS AFTER ENACTMENT OF FLAT-RATE REDUCTION.—In the case of a person who first becomes a member of a uniformed service on or after March 1, 1990, and who is entitled to retired pay under a provision of law other than chap- ter 61 or chapter 1223 of this title, the re- duction shall be in an amount equal to 61⁄2 percent of the base amount. (iv) ALTERNATIVE REDUCTION AMOUNTS.— For purposes of clauses (i) and (ii), the al- ternative reduction amounts are the fol- lowing: (I) FLAT-RATE REDUCTION.—An amount equal to 61⁄2 percent of the base amount. (II) AMOUNT UNDER PRE-FLAT-RATE RE- DUCTION.—An amount equal to 21⁄2 per- cent of the first $337 (as adjusted after November 1, 1989, under paragraph (4)) of the base amount plus 10 percent of the remainder of the base amount. (B) RESERVE-COMPONENT ANNUITY.—If the annuity coverage being provided is a re- serve-component annuity, the reduction shall be in whichever of the following amounts is more favorable to that person: (i) FLAT-RATE REDUCTION.—An amount equal to 61⁄2 percent of the base amount plus an amount determined in accordance with regulations prescribed by the Sec- retary of Defense as a premium for the ad- ditional coverage provided through re- serve-component annuity coverage under the Plan. (ii) AMOUNT UNDER PRE-FLAT-RATE REDUC- TION.—An amount equal to 21⁄2 percent of the first $337 (as adjusted after November 1, 1989, under paragraph (4)) of the base amount plus 10 percent of the remainder of the base amount plus an amount deter- mined in accordance with regulations pre- scribed by the Secretary of Defense as a premium for the additional coverage pro- vided through reserve-component annuity coverage under the Plan. (2) ADDITIONAL REDUCTION FOR CHILD COV- ERAGE.—If there is a dependent child as well as a spouse or former spouse, the amount pre- scribed under paragraph (1) shall be increased by an amount prescribed under regulations of the Secretary of Defense. (3) NO REDUCTION WHEN NO BENEFICIARY.—The reduction in retired pay prescribed by para- graph (1) shall not be applicable during any month in which there is no eligible spouse or former spouse beneficiary. (4) PERIODIC ADJUSTMENTS.— (A) ADJUSTMENTS FOR INCREASES IN RATES OF BASIC PAY.—Whenever there is an increase in the rates of basic pay of members of the uniformed services effective on or after Oc- tober 1, 1985, the amounts under paragraph (1) with respect to which the percentage fac- tor of 21⁄2 is applied shall be increased by the overall percentage of such increase in the rates of basic pay. The increase under the preceding sentence shall apply only with re- spect to persons whose retired pay is com- puted based on the rates of basic pay in ef- fect on or after the date of such increase in rates of basic pay. (B) ADJUSTMENTS FOR RETIRED PAY COLAS.—In addition to the increase under subparagraph (A), the amounts under para- graph (1) with respect to which the percent- age factor of 21⁄2 is applied shall be further increased at the same time and by the same percentage as an increase in retired pay under section 1401a of this title effective on or after October 1, 1985. Such increase under the preceding sentence shall apply only with respect to a person who initially partici- pates in the Plan on a date which is after both the effective date of such increase under section 1401a and the effective date of the rates of basic pay upon which that per- son’s retired pay is computed. (5) SPOUSE COVERAGE DESCRIBED.—For the purposes of paragraph (1), a participant in the Plan who is providing spouse coverage is a participant who— (A) has (i) a spouse or former spouse, or (ii) a spouse or former spouse and a dependent child; and (B) has not elected to provide an annuity to a person designated by him under section 1448(b)(1) of this title or, having made such an election, has changed his election in favor of his spouse under section 1450(f) of this title. (b) CHILD-ONLY ANNUITIES.— (1) REQUIRED REDUCTION IN RETIRED PAY.— The retired pay, other than retired pay re- ceived as a lump sum under section 1415(b)(1)(A) of this title, of a participant in the Plan who is providing child-only coverage (as described in paragraph (4)) shall be reduced by an amount prescribed under regulations by the Secretary of Defense. (2) NO REDUCTION WHEN NO CHILD.—There shall be no reduction in retired pay under paragraph (1) for any month during which the participant has no eligible dependent child. (3) SPECIAL RULE FOR CERTAIN RCSBP PARTICI- PANTS.—In the case of a participant in the Plan who is participating in the Plan under an election under section 1448(a)(2)(B) of this title and who provided child-only coverage during a period before the participant becomes entitled to receive retired pay, the retired pay of the participant shall be reduced by an amount pre- scribed under regulations by the Secretary of Defense to reflect the coverage provided under the Plan during the period before the partici- pant became entitled to receive retired pay. A reduction under this paragraph is in addition to any reduction under paragraph (1) and is made without regard to whether there is an el- igible dependent child during a month for which the reduction is made. (4) CHILD-ONLY COVERAGE DEFINED.—For the purposes of this subsection, a participant in the Plan who is providing child-only coverage Page 1382 TITLE 10—ARMED FORCES § 1452 is a participant who has a dependent child and who— (A) does not have an eligible spouse or former spouse; or (B) has a spouse or former spouse but has elected to provide an annuity for dependent children only. (c) REDUCTION FOR INSURABLE INTEREST COV- ERAGE.— (1) REQUIRED REDUCTION IN RETIRED PAY.— The retired pay, other than retired pay re- ceived as a lump sum under section 1415(b)(1)(A) of this title, of a person who has elected to provide an annuity to a person des- ignated by him under section 1450(a)(5) of this title shall be reduced as follows: (A) STANDARD ANNUITY.—In the case of a person providing a standard annuity, the re- duction shall be by 10 percent plus 5 percent for each full five years the individual des- ignated is younger than that person. (B) RESERVE COMPONENT ANNUITY.—In the case of a person providing a reserve-compo- nent annuity, the reduction shall be by an amount prescribed under regulations of the Secretary of Defense. (2) LIMITATION ON TOTAL REDUCTION.—The total reduction under paragraph (1) may not exceed 40 percent. (3) DURATION OF REDUCTION.—The reduction in retired pay prescribed by this subsection shall continue during the lifetime of the per- son designated under section 1450(a)(5) of this title or until the person receiving retired pay changes his election under section 1450(f) of this title. (4) RULE FOR COMPUTATION.—Computation of a member’s retired pay for purposes of this subsection shall be made without regard to any reduction under section 1409(b)(2) or 1415(b)(1)(B) of this title. (5) RULE FOR DESIGNATION OF NEW INSURABLE INTEREST BENEFICIARY FOLLOWING DEATH OF ORIGINAL BENEFICIARY.—The Secretary of De- fense shall prescribe in regulations premiums which a participant making an election under section 1448(b)(1)(G) of this title shall be re- quired to pay for participating in the Plan pursuant to that election. The total amount of the premiums to be paid by a participant under the regulations shall be equal to the sum of the following: (A) The total additional amount by which the retired pay of the participant would have been reduced before the effective date of the election if the original beneficiary (i) had not died and had been covered under the Plan through the date of the election, and (ii) had been the same number of years younger than the participant (if any) as the new beneficiary designated under the elec- tion. (B) Interest on the amounts by which the retired pay of the participant would have been so reduced, computed from the dates on which the retired pay would have been so re- duced at such rate or rates and according to such methodology as the Secretary of De- fense determines reasonable. (C) Any additional amount that the Sec- retary determines necessary to protect the actuarial soundness of the Department of Defense Military Retirement Fund against any increased risk for the fund that is asso- ciated with the election. (d) DEPOSITS TO COVER PERIODS WHEN RETIRED PAY NOT PAID OR NOT SUFFICIENT.— (1) REQUIRED DEPOSITS.—If a person who has elected to participate in the Plan has been awarded retired pay and is not entitled to that pay for any period, that person must deposit in the Treasury the amount that would other- wise have been deducted from his pay for that period, except to the extent that the required deduction is made pursuant to paragraph (2). (2) DEDUCTION FROM COMBAT-RELATED SPECIAL COMPENSATION WHEN RETIRED PAY NOT ADE- QUATE.—In the case of a person who has elect- ed to participate in the Plan and who has been awarded both retired pay and combat-related special compensation under section 1413a of this title, if a deduction from the person’s re- tired pay for any period cannot be made in the full amount required, there shall be deducted from the person’s combat-related special com- pensation in lieu of deduction from the per- son’s retired pay the amount that would oth- erwise have been deducted from the person’s retired pay for that period. (3) DEPOSITS NOT REQUIRED WHEN PARTICIPANT ON ACTIVE DUTY.—Paragraphs (1) and (2) do not apply to a person with respect to any period when that person is on active duty under a call or order to active duty for a period of more than 30 days. (e) DEPOSITS NOT REQUIRED FOR CERTAIN PAR- TICIPANTS IN CSRS AND FERS.—When a person who has elected to participate in the Plan waives that person’s retired pay for the purposes of subchapter III of chapter 83 of title 5 or chap- ter 84 of such title, that person shall not be re- quired to make the deposit otherwise required by subsection (d) as long as that waiver is in ef- fect unless, in accordance with section 8339(j) or 8416(a) of title 5, that person has notified the Of- fice of Personnel Management that he does not desire a spouse surviving him to receive an an- nuity under section 8341(b) or 8442(a) of title 5. (f) REFUNDS OF DEDUCTIONS NOT ALLOWED.— (1) GENERAL RULE.—A person is not entitled to refund of any amount deducted from retired pay or combat-related special compensation under this section. (2) EXCEPTIONS.—Paragraph (1) does not apply— (A) in the case of a refund authorized by section 1450(e) of this title; or (B) in case of a deduction made through administrative error. (g) DISCONTINUATION OF PARTICIPATION BY PAR- TICIPANTS WHOSE SURVIVING SPOUSES WILL BE ENTITLED TO DIC.— (1) DISCONTINUATION.— (A) CONDITIONS.—Notwithstanding any other provision of this subchapter but sub- ject to paragraphs (2) and (3), a person who has elected to participate in the Plan and who is suffering from a service-connected disability rated by the Secretary of Veterans Affairs as totally disabling and has suffered from such disability while so rated for a con- Page 1383 TITLE 10—ARMED FORCES § 1452 tinuous period of 10 or more years (or, if so rated for a lesser period, has suffered from such disability while so rated for a contin- uous period of not less than 5 years from the date of such person’s last discharge or re- lease from active duty) may discontinue par- ticipation in the Plan by submitting to the Secretary concerned a request to dis- continue participation in the Plan. (B) EFFECTIVE DATE.—Participation in the Plan of a person who submits a request under subparagraph (A) shall be discon- tinued effective on the first day of the first month following the month in which the re- quest under subparagraph (A) is received by the Secretary concerned. Effective on such date, the Secretary concerned shall dis- continue the reduction being made in such person’s retired pay on account of participa- tion in the Plan or, in the case of a person who has been required to make deposits in the Treasury on account of participation in the Plan, such person may discontinue mak- ing such deposits effective on such date. (C) FORM FOR REQUEST FOR DISCONTINU- ATION.—Any request under this paragraph to discontinue participation in the Plan shall be in such form and shall contain such infor- mation as the Secretary concerned may re- quire by regulation. (2) CONSENT OF BENEFICIARIES REQUIRED.—A person described in paragraph (1) may not dis- continue participation in the Plan under such paragraph without the written consent of the beneficiary or beneficiaries of such person under the Plan. (3) INFORMATION ON PLAN TO BE PROVIDED BY SECRETARY CONCERNED.— (A) INFORMATION TO BE PROVIDED PROMPTLY TO PARTICIPANT.—The Secretary concerned shall furnish promptly to each person who files a request under paragraph (1) to dis- continue participation in the Plan a written statement of the advantages of participating in the Plan and the possible disadvantages of discontinuing participation. (B) RIGHT TO WITHDRAW DISCONTINUATION REQUEST.—A person may withdraw a request made under paragraph (1) if it is withdrawn within 30 days after having been submitted to the Secretary concerned. (4) REFUND OF DEDUCTIONS FROM RETIRED PAY OR CRSC.—Upon the death of a person de- scribed in paragraph (1) who discontinued par- ticipation in the Plan in accordance with this subsection, any amount deducted from the re- tired pay or combat-related special compensa- tion of that person under this section shall be refunded to the person’s surviving spouse. (5) RESUMPTION OF PARTICIPATION IN PLAN.— (A) CONDITIONS FOR RESUMPTION.—A person described in paragraph (1) who discontinued participation in the Plan may elect to par- ticipate again in the Plan if— (i) after having discontinued participa- tion in the Plan the Secretary of Veterans Affairs reduces that person’s service-con- nected disability rating to a rating of less than total; and (ii) that person applies to the Secretary concerned, within such period of time after the reduction in such person’s service-con- nected disability rating has been made as the Secretary concerned may prescribe, to again participate in the Plan and includes in such application such information as the Secretary concerned may require. (B) EFFECTIVE DATE OF RESUMED COV- ERAGE.—Such person’s participation in the Plan under this paragraph is effective begin- ning on the first day of the month after the month in which the Secretary concerned re- ceives the application for resumption of par- ticipation in the Plan. (C) RESUMPTION OF CONTRIBUTIONS.—When a person elects to participate in the Plan under this paragraph, the Secretary con- cerned shall begin making reductions in that person’s retired pay, or require such person to make deposits in the Treasury under sub- section (d), as appropriate, effective on the effective date of such participation under subparagraph (B). (h) INCREASES IN REDUCTION WITH INCREASES IN RETIRED PAY.— (1) GENERAL RULE.—Whenever retired pay is increased under section 1401a of this title (or any other provision of law), the amount of the reduction to be made under subsection (a) or (b) in the retired pay of any person shall be in- creased at the same time and by the same per- centage as such retired pay is so increased. (2) COORDINATION WHEN PAYMENT OF INCREASE IN RETIRED PAY IS DELAYED BY LAW.— (A) IN GENERAL.—Notwithstanding para- graph (1), when the initial payment of an in- crease in retired pay under section 1401a of this title (or any other provision of law) to a person is for a month that begins later than the effective date of that increase by reason of the application of subsection (b)(2)(B) of such section (or section 631(b) of Public Law 104–106 (110 Stat. 364)), then the amount of the reduction in the person’s re- tired pay shall be effective on the date of that initial payment of the increase in re- tired pay rather than the effective date of the increase in retired pay. (B) DELAY NOT TO AFFECT COMPUTATION OF ANNUITY.—Subparagraph (A) may not be con- strued as delaying, for purposes of deter- mining the amount of a monthly annuity under section 1451 of this title, the effective date of an increase in a base amount under subsection (h) of such section from the effec- tive date of an increase in retired pay under section 1401a of this title to the date on which the initial payment of that increase in retired pay is made in accordance with subsection (b)(2)(B) of such section. (i) RECOMPUTATION OF REDUCTION UPON RE- COMPUTATION OF RETIRED PAY.—Whenever the retired pay of a person who first became a mem- ber of a uniformed service on or after August 1, 1986, and who is a participant in the Plan is re- computed under section 1410 of this title upon the person’s becoming 62 years of age, the amount of the reduction in such retired pay under this section shall be recomputed (effective on the effective date of the recomputation of such retired pay under section 1410 of this title) Page 1384 TITLE 10—ARMED FORCES § 1452 so as to be the amount equal to the amount of such reduction that would be in effect on that date if increases in such retired pay under sec- tion 1401a(b) of this title, and increases in reduc- tions in such retired pay under subsection (h), had been computed as provided in paragraph (2) of section 1401a(b) of this title (rather than under paragraph (3) of that section). (j) COVERAGE PAID UP AT 30 YEARS AND AGE 70.—Effective October 1, 2008, no reduction may be made under this section in the retired pay of a participant in the Plan for any month after the later of— (1) the 360th month for which the partici- pant’s retired pay is reduced under this sec- tion; and (2) the month during which the participant attains 70 years of age. (Added Pub. L. 92–425, § 1(3), Sept. 21, 1972, 86 Stat. 710; amended Pub. L. 94–496, § 1(4), (5), Oct. 14, 1976, 90 Stat. 2375; Pub. L. 95–397, title II, § 205, Sept. 30, 1978, 92 Stat. 847; Pub. L. 96–402, § 4, Oct. 9, 1980, 94 Stat. 1706; Pub. L. 97–22, § 11(a)(3), (5), July 10, 1981, 95 Stat. 137; Pub. L. 99–145, title VII, §§ 714(a), 719(7), (8), 723(b)(2), Nov. 8, 1985, 99 Stat. 672, 675–677; Pub. L. 99–348, title III, § 301(a)(3), July 1, 1986, 100 Stat. 702; Pub. L. 99–661, div. A, title XIII, § 1343(a)(8)(E), Nov. 14, 1986, 100 Stat. 3992; Pub. L. 100–224, § 3(b), Dec. 30, 1987, 101 Stat. 1537; Pub. L. 101–189, div. A, title XIV, §§ 1402(a)–(c), 1407(a)(9), title XVI, § 1621(a)(1), Nov. 29, 1989, 103 Stat. 1577, 1578, 1589, 1602; Pub. L. 101–510, div. A, title XIV, § 1484(l)(4)(C)(ii), Nov. 5, 1990, 104 Stat. 1720; Pub. L. 103–337, div. A, title VI, § 637(a), Oct. 5, 1994, 108 Stat. 2790; Pub. L. 104–201, div. A, title VI, §§ 634, 635(a), Sept. 23, 1996, 110 Stat. 2572, 2579; Pub. L. 105–85, div. A, title X, § 1073(a)(29), Nov. 18, 1997, 111 Stat. 1901; Pub. L. 105–261, div. A, title VI, § 641, Oct. 17, 1998, 112 Stat. 2045; Pub. L. 106–65, div. A, title VI, § 643(a)(2), Oct. 5, 1999, 113 Stat. 663; Pub. L. 109–364, div. A, title VI, § 643(b), Oct. 17, 2006, 120 Stat. 2260; Pub. L. 112–239, div. A, title VI, § 641(a), Jan. 2, 2013, 126 Stat. 1782; Pub. L. 114–328, div. A, title VI, § 643(a), (b), Dec. 23, 2016, 130 Stat. 2165, 2166; Pub. L. 115–91, div. A, title VI, § 622(b), title X, § 1081(a)(26), Dec. 12, 2017, 131 Stat. 1428, 1595.) Editorial Notes REFERENCES IN TEXT Section 631(b) of Public Law 104–106 (110 Stat. 364), re- ferred to in subsec. (h)(2)(A), was set out as a note under section 1401a of this title prior to repeal by Pub. L. 104–201, div. A, title VI, § 631(b), Sept. 23, 1996, 110 Stat. 2549. AMENDMENTS 2017—Subsec. (a)(1). Pub. L. 115–91, § 622(b)(1), inserted ‘‘, other than retired pay received as a lump sum under section 1415(b)(1)(A) of this title,’’ after ‘‘the retired pay’’ in introductory provisions. Subsec. (b)(1). Pub. L. 115–91, § 622(b)(2), inserted ‘‘, other than retired pay received as a lump sum under section 1415(b)(1)(A) of this title,’’ after ‘‘The retired pay’’. Subsec. (c)(1). Pub. L. 115–91, § 1081(a)(26), substituted ‘‘section 1450(a)(5)’’ for ‘‘section 1450(a)(4)’’ in introduc- tory provisions. Pub. L. 115–91, § 622(b)(3)(A), inserted ‘‘, other than re- tired pay received as a lump sum under section 1415(b)(1)(A) of this title,’’ after ‘‘The retired pay’’ in introductory provisions. Subsec. (c)(3). Pub. L. 115–91, § 1081(a)(26), substituted ‘‘section 1450(a)(5)’’ for ‘‘section 1450(a)(4)’’. Subsec. (c)(4). Pub. L. 115–91, § 622(b)(3)(B), inserted ‘‘or 1415(b)(1)(B)’’ after ‘‘section 1409(b)(2)’’. 2016—Subsec. (d). Pub. L. 114–328, § 643(b)(1)(A), in- serted ‘‘or Not Sufficient’’ after ‘‘Not Paid’’ in heading. Subsec. (d)(1). Pub. L. 114–328, § 643(b)(1)(B), inserted before period at end ‘‘, except to the extent that the re- quired deduction is made pursuant to paragraph (2)’’. Subsec. (d)(2). Pub. L. 114–328, § 643(a)(2), added par. (2). Former par. (2) redesignated (3). Subsec. (d)(3). Pub. L. 114–328, § 643(a)(1), (b)(1)(C), re- designated par. (2) as (3) and substituted ‘‘Paragraphs (1) and (2) do not’’ for ‘‘Paragraph (1) does not’’. Subsec. (f)(1). Pub. L. 114–328, § 643(b)(2), inserted ‘‘or combat-related special compensation’’ after ‘‘from re- tired pay’’. Subsec. (g)(4). Pub. L. 114–328, § 643(b)(3), inserted ‘‘or CRSC’’ after ‘‘retired pay’’ in heading and ‘‘or combat- related special compensation’’ after ‘‘from the retired pay’’ in text. 2013—Subsec. (e). Pub. L. 112–239 inserted in heading ‘‘and FERS’’ after ‘‘CSRS’’ and inserted in text ‘‘or chapter 84 of such title’’ after ‘‘chapter 83 of title 5’’, ‘‘or 8416(a)’’ after ‘‘8339(j)’’, and ‘‘or 8442(a)’’ after ‘‘8341(b)’’. 2006—Subsec. (c)(5). Pub. L. 109–364 added par. (5). 1999—Subsec. (i). Pub. L. 106–65 substituted ‘‘When- ever the retired pay’’ for ‘‘When the retired pay’’. 1998—Subsec. (j). Pub. L. 105–261 added subsec. (j). 1997—Subsec. (a)(1)(A). Pub. L. 105–85, § 1073(a)(29)(A), substituted ‘‘provided’’ for ‘‘providing’’ in introductory provisions. Subsec. (e). Pub. L. 105–85, § 1073(a)(29)(B), substituted ‘‘section 8339(j)’’ for ‘‘section 8339(i)’’ and ‘‘section 8341(b)’’ for ‘‘section 8331(b)’’. 1996—Pub. L. 104–201, § 634, amended section generally, revising and restating provisions relating to reductions in retired pay. Subsec. (h)(2). Pub. L. 104–201, § 635(a), added par. (2). 1994—Subsec. (b). Pub. L. 103–337 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as fol- lows: ‘‘The retired pay of a person to whom section 1448 of this title applies who has a dependent child but does not have an eligible spouse or former spouse, or who has a spouse or former spouse but has elected to pro- vide an annuity for dependent children only, shall, as long as he has an eligible dependent child, be reduced by an amount prescribed under regulations of the Sec- retary of Defense.’’ 1990—Subsec. (h). Pub. L. 101–510 made clarifying amendment to directory language of Pub. L. 101–189, § 1407(a)(9), see 1989 Amendment note below. 1989—Subsec. (a). Pub. L. 101–189, § 1402(a), inserted heading. Subsec. (a)(1). Pub. L. 101–189, § 1402(a), added par. (1) and struck out former par. (1) which read as follows: ‘‘Except as provided in subsection (b), the retired pay of a person to whom section 1448 of this title applies who has a spouse or former spouse, or who has a spouse or former spouse and a dependent child, and who has not elected to provide an annuity to a person designated by him under section 1450(a)(4) of this title, or who had elected to provide such an annuity to such a person but has changed his election in favor of his spouse under section 1450(f) of this title, shall be reduced each month— ‘‘(A) by an amount equal to 21⁄2 percent of the first $300 (as adjusted from time to time under paragraph (4)) of the base amount plus 10 percent of the remain- der of the base amount, if the person is providing a standard annuity; or ‘‘(B) by an amount prescribed under regulations of the Secretary of Defense, if the person is providing a reserve-component annuity.’’ Subsec. (a)(4)(A), (B). Pub. L. 101–189, § 1402(c), sub- stituted ‘‘amounts under paragraph (1)’’ for ‘‘amount under paragraph (1)(A)’’. Subsec. (a)(5). Pub. L. 101–189, § 1402(b), added par. (5). Subsec. (g)(1), (5). Pub. L. 101–189, § 1621(a)(1), sub- stituted ‘‘Department of Veterans Affairs’’ for ‘‘Vet- erans’ Administration’’. Page 1385 TITLE 10—ARMED FORCES § 1452 Subsec. (h). Pub. L. 101–189, § 1407(a)(9), as amended by Pub. L. 101–510, inserted ‘‘(or any other provision of law)’’ after ‘‘Whenever retired pay is increased under section 1401a of this title’’ and substituted ‘‘such re- tired pay is so increased’’ for ‘‘such retired pay is in- creased under section 1401a of this title’’. 1987—Subsec. (i). Pub. L. 100–224 added subsec. (i). 1986—Subsec. (c). Pub. L. 99–348 inserted provision that computation of a member’s retired pay for pur- poses of this subsection be made without regard to any reduction under section 1409(b)(2) of this title. Subsec. (h). Pub. L. 99–661 struck out ‘‘and retainer’’ after ‘‘Whenever retired’’. 1985—Pub. L. 99–145, § 719(8)(B), struck out ‘‘or re- tainer’’ after ‘‘retired’’ in section catchline. Subsec. (a)(1). Pub. L. 99–145, § 714(a)(1), (2), designated existing first sentence of subsec. (a) as par. (1); redesig- nated cl. (1) as (A), inserting ‘‘(as adjusted from time to time under paragraph (4))’’ after ‘‘$300’’ and sub- stituting ‘‘a standard annuity’’ for ‘‘an annuity by vir- tue of eligibility under section 1448(a)(1)(A) of this title’’; and redesignated cl. (2) as (B), substituting ‘‘a reserve-component annuity’’ for ‘‘an annuity by virtue of eligibility under section 1448(a)(1)(B)’’. Pub. L. 99–145, § 719(8)(A), substituted ‘‘retired pay’’ for ‘‘retired or retainer pay’’. Pub. L. 99–145, § 723(b)(2)(1), inserted ‘‘or former spouse’’ after first two references to ‘‘spouse’’. Subsec. (a)(2). Pub. L. 99–145, § 714(a)(3), designated ex- isting second sentence of subsec. (a) as par. (2), and sub- stituted ‘‘If there is a dependent child as well as a spouse or former spouse, the amount prescribed under paragraph (1)’’ for ‘‘As long as there is an eligible spouse and a dependent child, that amount’’. Subsec. (a)(3). Pub. L. 99–145, § 714(a)(4), designated ex- isting third sentence of subsec. (a) as par. (3), sub- stituted ‘‘paragraph (1)’’ for ‘‘the first sentence of this subsection’’, and inserted ‘‘or former spouse’’ after ‘‘eli- gible spouse’’. Pub. L. 99–145, § 719(8)(A), substituted ‘‘retired pay’’ for ‘‘retired or retainer pay’’. Subsec. (a)(4). Pub. L. 99–145, § 714(a)(5), added par. (4). Subsec. (b). Pub. L. 99–145, § 723(b)(2)(2), inserted ‘‘or former spouse’’ after ‘‘spouse’’ in two places. Pub. L. 99–145, § 719(8)(A), substituted ‘‘retired pay’’ for ‘‘retired or retainer pay’’. Subsec. (c). Pub. L. 99–145, § 719(7), (8)(A), substituted ‘‘retired pay’’ for ‘‘retired or retainer pay’’ in three places, and substituted ‘‘a standard annuity’’ for ‘‘the annuity by virtue of eligibility under section 1448(a)(1)(A) of this title’’ in cl. (1), ‘‘a reserve-compo- nent annuity’’ for ‘‘the annuity by virtue of eligibility under section 1448(a)(1)(B) of this title’’ in cl. (2), and ‘‘this subsection’’ for ‘‘this section’’ in third sentence. Subsecs. (d) to (h). Pub. L. 99–145, § 719(8)(A), sub- stituted ‘‘retired pay’’ for ‘‘retired or retainer pay’’ wherever appearing. 1981—Subsec. (e). Pub. L. 97–22, § 11(a)(3), substituted ‘‘Office of Personnel Management’’ for ‘‘Civil Service Commission’’. Subsec. (g)(4). Pub. L. 97–22, § 11(a)(5), substituted ‘‘this section’’ for ‘‘section 1452 of this title’’. 1980—Subsecs. (g), (h). Pub. L. 96–402, added subsecs. (g) and (h). 1978—Subsec. (a). Pub. L. 95–397, § 205(a), substituted pars. (1) and (2) for ‘‘by an amount equal to 21⁄2 percent of the first $300 of the base amount plus 10 percent of the remainder of the base amount’’ after ‘‘shall be re- duced each month’’. Subsec. (c). Pub. L. 95–397, § 205(b), substituted pars. (1) and (2) for ‘‘by 10 percent plus 5 percent for each full 5 years the individual designated is younger than that person. However, the total reduction may not exceed 40 percent. The reduction in retired or retainer pay pre- scribed by this subsection shall continue during the lifetime of the person designated under section 1450(a)(4) of this title or until the person receiving re- tired or retainer pay changes his election under section 1450(f)’’, and inserted provision following par. (2) that the total reduction under clause (1) may not exceed 40 percent, and that the reduction in retired or retainer pay shall continue during the lifetime of the person designated under section 1450(a)(4) of this title or until the person changes his election under section 1450(f) of this title. 1976—Subsec. (a). Pub. L. 94–496, § 1(4), (5)(A), sub- stituted ‘‘Except as provided in subsection (b), the re- tired or retainer pay’’ for ‘‘The retired or retainer pay’’, ‘‘(a)(4)’’ for ‘‘(a)(3)’’, and inserted provision pro- hibiting a reduction in retired or retainer pay during any month in which there is no eligible spouse bene- ficiary. Subsec. (b). Pub. L. 94–496, § 1(5)(B), inserted ‘‘or who has a spouse but has elected to provide an annuity for dependent children only,’’ after ‘‘spouse,’’. Subsec. (c). Pub. L. 94–496, § 1(4), (5)(C), substituted ‘‘(a)(4)’’ for ‘‘(a)(3)’’, and inserted provision directing that reduction in retired or retainer pay continue dur- ing the lifetime of a beneficiary designated under sec- tion 1450(a)(4) of this title or until such person change his election pursuant to section 1450(f) of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2013 AMENDMENT Amendment by Pub. L. 112–239 applicable with re- spect to any participant electing an annuity for sur- vivors under chapter 84 of Title 5, United States Code, on or after Jan. 2, 2013, see section 641(c) of Pub. L. 112–239, set out as a note under section 1450 of this title. EFFECTIVE DATE OF 1999 AMENDMENT Amendment by Pub. L. 106–65 effective Oct. 1, 1999, see section 644 of Pub. L. 106–65, set out as a note under section 1401a of this title. EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–201, div. A, title VI, § 635(b), Sept. 23, 1996, 110 Stat. 2579, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall apply with respect to retired pay payable for months beginning on or after the date of the enactment of this Act [Sept. 23, 1996].’’ EFFECTIVE DATE OF 1994 AMENDMENT Pub. L. 103–337, div. A, title VI, § 637(b), Oct. 5, 1994, 108 Stat. 2790, provided that: ‘‘(1) Except as provided in paragraph (2), the amend- ment made by subsection (a) [amending this section] applies to any election for child-only coverage under a reserve-component annuity under the Survivor Benefit Plan, whether made before, on, or after the date of the enactment of this Act [Oct. 5, 1994]. ‘‘(2) Paragraph (1) does not apply in a case of an elec- tion referred to in that paragraph that was made before the date of the enactment of this Act if the participant was informed, in writing, before the date of the enact- ment of this Act that no reduction in the participant’s retired pay for child-only coverage would be made dur- ing a period when there was no eligible dependent child.’’ EFFECTIVE DATE OF 1990 AMENDMENT Pub. L. 101–510, div. A, title XIV, § 1484(l)(4)(C), Nov. 5, 1990, 104 Stat. 1720, provided that the amendment made by that section is effective Nov. 29, 1989. EFFECTIVE DATE OF 1985 AMENDMENT Pub. L. 99–145, title VII, § 714(b), Nov. 8, 1985, 99 Stat. 673, provided that: ‘‘The amendments made by clause (5) of subsection (a) [amending this section] shall apply only with respect to persons who first participate in the Plan on or after the effective date of this title [see note below].’’ Amendment by title VII of Pub. L. 99–145 effective Mar. 1, 1986, except as otherwise provided, with prohibi- tion against accrual of benefits to any person by reason of the enactment of such title VII for any period before 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 subsection shall be 61⁄2 percent of the base amount under the Sur- vivor Benefit Plan of the person whose premium is re- computed. ‘‘(4) SBP PREMIUM DEFINED.—For purposes of this sub- section, the term ‘SBP premium’ means a reduction in retired pay under section 1452 of title 10, United States Code.’’ § 1453. Recovery of amounts erroneously paid (a) RECOVERY.—In addition to any other meth- od of recovery provided by law, the Secretary concerned may authorize the recovery of any amount erroneously paid to a person under this subchapter by deduction from later payments to that person. (b) AUTHORITY TO WAIVE RECOVERY.—Recovery of an amount erroneously paid to a person under this subchapter is not required if, in the judg- ment of the Secretary concerned— (1) there has been no fault by the person to whom the amount was erroneously paid; and (2) recovery of such amount would be con- trary to the purposes of this subchapter or against equity and good conscience. (Added Pub. L. 92–425, § 1(3), Sept. 21, 1972, 86 Stat. 710; amended Pub. L. 104–201, div. A, title VI, § 634, Sept. 23, 1996, 110 Stat. 2577; Pub. L. 104–316, title I, § 105(a), Oct. 19, 1996, 110 Stat. 3830.) Editorial Notes AMENDMENTS 1996—Pub. L. 104–201 substituted ‘‘amounts’’ for ‘‘an- nuity’’ in section catchline and amended text gen- erally. Prior to amendment, text read as follows: ‘‘In addition to other methods of recovery provided by law, the Secretary concerned may authorize the recovery, by deduction from later payments to a person, of any amount erroneously paid to him under this subchapter. However, recovery is not required if, in the judgment of the Secretary concerned and the Comptroller General, there has been no fault by the person to whom the amount was erroneously paid and recovery would be contrary to the purposes of this subchapter or against equity and good conscience.’’ Subsec. (b). Pub. L. 104–316 struck out ‘‘and the Comp- troller General’’ after ‘‘judgment of the Secretary con- cerned’’ in introductory provisions. § 1454. Correction of administrative errors (a) AUTHORITY.—The Secretary concerned may, under regulations prescribed under section 1455 of this title, correct or revoke any election under this subchapter when the Secretary con- siders 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. (Added Pub. L. 92–425, § 1(3), Sept. 21, 1972, 86 Stat. 711; amended Pub. L. 101–189, div. A, title XIV, § 1407(a)(10)(A), Nov. 29, 1989, 103 Stat. 1589; Pub. L. 104–201, div. A, title VI, § 634, Sept. 23, 1996, 110 Stat. 2577.) Editorial Notes AMENDMENTS 1996—Pub. L. 104–201 amended section generally. Prior to amendment, section read as follows: ‘‘The Secretary concerned may, under regulations prescribed under sec- tion 1455 of this title, correct or revoke any election under this subchapter when he considers it necessary to correct an administrative error. Except when procured by fraud, a correction or revocation under this section is final and conclusive on all officers of the United States.’’ 1989—Pub. L. 101–189 substituted ‘‘errors’’ for ‘‘defi- ciencies’’ in section catchline. § 1455. Regulations (a) IN GENERAL.—The President shall prescribe regulations to carry out this subchapter. Those regulations shall, so far as practicable, be uni- form for the uniformed services. (b) NOTICE OF ELECTIONS.—Regulations pre- scribed under this section shall provide that be- fore the date on which a member becomes enti- tled 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 and the effects of such elections; and (2) if the notification referred to in section 1448(a)(3)(E) of this title 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 RE- CEIPTS.—Regulations prescribed under this sec- tion 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.—