50 U.S.C. § 2094 — Attachment of moneys

Page 358 TITLE 50—WAR AND NATIONAL DEFENSE § 2094 and the service and age or disability require- ments for title to annuity are met. (3) Other annuities Any other annuity payable from the fund commences on the first day of the month after the occurrence of the event on which payment thereof is based. (c) Termination of annuity An annuity payable from the fund shall termi- nate— (1) in the case of a retired participant, on the day death or any other terminating event provided by this subchapter occurs; or (2) in the case of a former spouse or a sur- vivor, on the last day of the month before death or any other terminating event occurs. (d) Application for survivor annuities The annuity to a survivor shall become effec- tive as otherwise specified but shall not be paid until the survivor submits an application for such annuity, supported by such proof of eligi- bility as the Director may require. If such appli- cation or proof of eligibility is not submitted during the lifetime of an otherwise eligible indi- vidual, no annuity shall be due or payable to the individual’s estate. (e) Waiver of annuity An individual entitled to an annuity from the fund may decline to accept all or any part of the annuity by submitting a signed waiver to the Director. The waiver may be revoked in writing at any time. Payment of the annuity waived may not be made for the period during which the waiver is in effect. (f) Limitations (1) Application before 115th anniversary No payment shall be made from the fund un- less an application for benefits based on the service of the participant is received by the Director before the 115th anniversary of the participant’s birth. (2) Application within 30 years Notwithstanding paragraph (1), after the death of a participant or retired participant, no benefit based on that participant’s service may be paid from the fund unless an applica- tion for the benefit is received by the Director within 30 years after the death or other event which gives rise to eligibility for the benefit. (g) Withholding of State income tax from annu- ities (1) Agreements with States The Director shall, in accordance with this subsection, enter into an agreement with any State within 120 days of a request for agree- ment from the proper State official. The agreement shall provide that the Director shall withhold State income tax in the case of the monthly annuity of any annuitant who voluntarily requests, in writing, such with- holding. The amounts withheld during any cal- endar quarter shall be held in the fund and dis- bursed to the States during the month fol- lowing that calendar quarter. (2) Limitation on multiple requests An annuitant may have in effect at any time only one request for withholding under this subsection, and an annuitant may not have more than two such requests during any one calendar year. (3) Change in State designation Subject to paragraph (2), an annuitant may change the State designated by that annuitant for purposes of having withholdings made, and may request that the withholdings be remitted in accordance with such change. An annuitant also may revoke any request of that annuitant for withholding. Any change in the State des- ignated or revocation is effective on the first day of the month after the month in which the request or the revocation is processed by the Director, but in no event later than on the first day of the second month beginning after the day on which such request or revocation is received by the Director. (4) General provisions This subsection does not give the consent of the United States to the application of a stat- ute which imposes more burdensome require- ments of the United States than on employers generally, or which subjects the United States or any annuitant to a penalty or liability be- cause of this subsection. The Director may not accept pay from a State for services performed in withholding State income taxes from annu- ities. Any amount erroneously withheld from an annuity and paid to a State by the Director shall be repaid by the State in accordance with regulations prescribed by the Director. (5) ‘‘State’’ defined For the purpose of this subsection, the term ‘‘State’’ includes the District of Columbia and any territory or possession of the United States. (Pub. L. 88–643, title II, § 263, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3235; amended Pub. L. 118–31, div. G, title IX, § 7901(d)(2), Dec. 22, 2023, 137 Stat. 1106.) Editorial Notes PRIOR PROVISIONS A prior section 263 of Pub. L. 88–643, title II, Oct. 13, 1964, 78 Stat. 1052; Pub. L. 97–269, title VI, § 609, Sept. 27, 1982, 96 Stat. 1153; Pub. L. 99–335, title V, § 501(2), June 6, 1986, 100 Stat. 622, related to attachment of moneys and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496. AMENDMENTS 2023—Subsec. (g)(1). Pub. L. 118–31 substituted ‘‘fund’’ for ‘‘Fund’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on first day of fourth month begin- ning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title. § 2094. Attachment of moneys (a) Exemption from legal process Except as provided in subsections (b), (c), and (e), none of the moneys mentioned in this sub- chapter shall be assignable either in law or eq- Page 359 TITLE 50—WAR AND NATIONAL DEFENSE § 2111 uity, or be subject to execution, levy, attach- ment, garnishment, or other legal process, ex- cept as otherwise may be provided by Federal laws. (b) Payment to former spouses under court order or spousal agreement In the case of any participant, former partici- pant, or retired participant who has a former spouse who is covered by a court order or who is a party to a spousal agreement— (1) any right of the former spouse to any an- nuity under section 2032(a) of this title in con- nection with any retirement or disability an- nuity of the participant, and the amount of any such annuity; (2) any right of the former spouse of a partic- ipant or retired participant to a survivor an- nuity under section 2032(b) or 2032(c) of this title, and the amount of any such annuity; and (3) any right of the former spouse of a former participant to any payment of a lump-sum credit under section 2071(b) of this title, and the amount of any such payment; shall be determined in accordance with that spousal agreement or court order, if and to the extent expressly provided for in the terms of the spousal agreement or court order that are not inconsistent with the requirements of this sub- chapter. (c) Other payments under court orders Payments under this subchapter that would otherwise be made to a participant, former par- ticipant, or retired participant based upon that participant’s service shall be paid, in whole or in part, by the Director to another individual if and to the extent expressly provided for in the terms of any court decree of divorce, annulment, or legal separation, or the terms of any court order or court-approved property settlement agreement incident to any court decree of di- vorce, annulment, or legal separation. (d) Prospective payments; bar to recovery (1) Subsections (b) and (c) apply only to pay- ments made under this subchapter for periods beginning after the date of receipt by the Direc- tor of written notice of such decree, order, or agreement and such additional information and documentation as the Director may require. (2) Any payment under subsection (b) or (c) to an individual bars recovery by any other indi- vidual. (e) Allotments An individual entitled to an annuity from the fund may make allotments or assignments of amounts from such annuity for such purposes as the Director considers appropriate. (Pub. L. 88–643, title II, § 264, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3237; amended Pub. L. 103–178, title II, § 202(a)(12), Dec. 3, 1993, 107 Stat. 2027.) Editorial Notes PRIOR PROVISIONS A prior section 264 of Pub. L. 88–643, as added Pub. L. 94–522, title II, § 212, Oct. 17, 1976, 90 Stat. 2471, related to recovery of payments and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496. See section 2095 of this title. AMENDMENTS 1993—Subsec. (b)(2). Pub. L. 103–178, § 202(a)(12)(A), in- serted ‘‘and’’ at end. Subsec. (b)(3). Pub. L. 103–178, § 202(a)(12)(B), sub- stituted ‘‘, and the amount of any such payment;’’ for ‘‘and to any payment of a return of contributions under section 2054(a) of this title; and’’. Subsec. (b)(4). Pub. L. 103–178, § 202(a)(12)(C), struck out par. (4) which read as follows: ‘‘any right of the former spouse of a participant or former participant to a lump-sum payment or additional annuity payable from a voluntary contribution account under section 2121 of this title;’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103–178 effective Feb. 1, 1993, see section 202(b) of Pub. L. 103–178, set out as a note under section 2001 of this title. EFFECTIVE DATE Section effective on first day of fourth month begin- ning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title. § 2095. Recovery of payments Recovery of payments under this subchapter may not be made from an individual when, in the judgment of the Director, the individual is without fault and recovery would be against eq- uity and good conscience. Withholding or recov- ery of money payable pursuant to this sub- chapter on account of a certification or payment made by a former employee of the Agency in the discharge of the former employee’s official du- ties may be made if the Director certifies that the certification or payment involved fraud on the part of the former employee. (Pub. L. 88–643, title II, § 265, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3237; amended Pub. L. 103–178, title II, § 202(a)(13), Dec. 3, 1993, 107 Stat. 2027.) Editorial Notes AMENDMENTS 1993—Pub. L. 103–178 substituted ‘‘subchapter’’ for ‘‘chapter’’ in two places. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103–178 effective Feb. 1, 1993, see section 202(b) of Pub. L. 103–178, set out as a note under section 2001 of this title. EFFECTIVE DATE Section effective on first day of fourth month begin- ning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title. PART H—RETIRED PARTICIPANTS RECALLED, RE- INSTATED, OR REAPPOINTED IN AGENCY OR RE- EMPLOYED IN GOVERNMENT § 2111. Recall (a) Authority to recall The Director may, with the consent of a re- tired participant, recall that participant to serv-