10 U.S.C. § 1455 — Regulations

Page 1386 TITLE 10—ARMED FORCES § 1453 Mar. 1, 1986, see section 731 of Pub. L. 99–145, set out as a note under section 1447 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–402 effective Dec. 1, 1980, applicable to annuities payable for months beginning on or after such date, and prohibiting accrual of bene- fits for any period before Oct. 9, 1980, see section 7 of Pub. L. 96–402, set out as a note under section 1447 of this title. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–397 effective Oct. 1, 1978, and applicable to annuities payable by virtue of amend- ment for months beginning on or after such date, see section 210 of Pub. L. 95–397, set out as a note under sec- tion 1447 of this title. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94–496 effective Sept. 11, 1972, see section 3 of Pub. L. 94–496, set out as a note under section 1447 of this title. RECOMPUTATION OF SBP PREMIUM FOR CURRENT PARTICIPANTS Pub. L. 101–189, div. A, title XIV, § 1402(d), Nov. 29, 1989, 103 Stat. 1578, provided that: ‘‘(1) RECOMPUTATION.—The Secretary concerned shall recompute the SBP premium of persons described in paragraph (2). Any such recomputation shall take ef- fect on March 1, 1990. ‘‘(2) PERSONS COVERED.—A person referred to in para- graph (1) as described in this paragraph is a person who on March 1, 1990— ‘‘(A) is entitled to retired pay; ‘‘(B) is providing spouse coverage (as described in paragraph (5) of section 1452[(a)] of title 10, United States Code, as added by subsection (b)); and ‘‘(C) is subject to an SBP premium in excess of 61⁄2 percent of the base amount of that person under the Survivor Benefit Plan. ‘‘(3) AMOUNT OF RECOMPUTED PREMIUM.—The amount of an SBP premium recomputed under this 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.— Page 1387 TITLE 10—ARMED FORCES § 1455 (1) IN GENERAL.—Regulations prescribed under this section shall provide procedures for the payment of an annuity under this sub- chapter in the case of— (A) a person for whom a guardian or other fiduciary has been appointed; (B) a minor, mentally incompetent, or oth- erwise legally disabled person for whom a guardian or other fiduciary has not been ap- pointed; and (C) a dependent child incapable of self-sup- port because of mental or physical inca- pacity for whom a supplemental or special needs trust has been established under sub- paragraph (A) or (C) of section 1917(d)(4) of the Social Security Act (42 U.S.C. 1396p(d)(4)). (2) AUTHORIZED PROCEDURES.—The regula- tions under paragraph (1) may include provi- sions for the following: (A) In the case of an annuitant referred to in paragraph (1)(A), payment of the annuity to the appointed guardian or other fiduciary. (B) In the case of an annuitant referred to in paragraph (1)(B), payment of the annuity to any person who, in the judgment of the Secretary concerned, is responsible for the care of the annuitant. (C) In the case of an annuitant referred to in paragraph (1)(C), payment of the annuity to the supplemental or special needs trust established for the annuitant. (D) Subject to subparagraphs (E) and (F), a requirement for the payee of an annuity to spend or invest the amounts paid on behalf of the annuitant solely for benefit of the an- nuitant. (E) Authority for the Secretary concerned to permit the payee to withhold from the an- nuity payment such amount, not in excess of 4 percent of the annuity, as the Secretary concerned considers a reasonable fee for the fiduciary services of the payee when a court appointment order provides for payment of such a fee to the payee for such services or the Secretary concerned determines that payment of a fee to such payee is necessary in order to obtain the fiduciary services of the payee. (F) Authority for the Secretary concerned to require the payee to provide a surety bond in an amount sufficient to protect the inter- ests of the annuitant and to pay for such bond out of the annuity. (G) A requirement for the payee of an an- nuity to maintain and, upon request, to pro- vide to the Secretary concerned an account- ing of expenditures and investments of amounts paid to the payee. (H) In the case of an annuitant referred to in paragraph (1)(B) or (1)(C)— (i) procedures for determining incom- petency and for selecting a payee to rep- resent the annuitant for the purposes of this section, including provisions for noti- fying the annuitant of the actions being taken to make such a determination and to select a representative payee, an oppor- tunity for the annuitant to review the evi- dence being considered, and an oppor- tunity for the annuitant to submit addi- tional evidence before the determination is made; (ii) standards for determining incom- petency, including standards for deter- mining the sufficiency of medical evidence and other evidence; and (iii) procedures for determining when an- nuity payments to a supplemental or spe- cial needs trust shall end based on the death or marriage of the dependent child for which the trust was established. (I) Provisions for any other matter that the President considers appropriate in con- nection with the payment of an annuity in the case of a person referred to in paragraph (1). (3) LEGAL EFFECT OF PAYMENT TO GUARDIAN, FIDUCIARY, OR TRUST.—An annuity paid to a person on behalf of an annuitant in accordance with the regulations prescribed pursuant to paragraph (1) discharges the obligation of the United States for payment to the annuitant of the amount of the annuity so paid. (Added Pub. L. 92–425, § 1(3), Sept. 21, 1972, 86 Stat. 711; amended Pub. L. 99–145, title VII, § 724, Nov. 8, 1985, 99 Stat. 678; Pub. L. 102–190, div. A, title VI, § 654(a), Dec. 5, 1991, 105 Stat. 1389; Pub. L. 104–201, div. A, title VI, § 634, Sept. 23, 1996, 110 Stat. 2577; Pub. L. 113–291, div. A, title VI, § 624(b), Dec. 19, 2014, 128 Stat. 3404.) Editorial Notes AMENDMENTS 2014—Subsec. (d). Pub. L. 113–291, § 624(b)(1), sub- stituted ‘‘, FIDUCIARIES, AND SPECIAL NEEDS TRUSTS’’ for ‘‘AND FIDUCIARIES’’ in heading. Subsec. (d)(1)(C). Pub. L. 113–291, § 624(b)(2), added sub- par. (C). Subsec. (d)(2)(C). Pub. L. 113–291, § 624(b)(3)(B), added subpar. (C). Former subpar. (C) redesignated (D). Subsec. (d)(2)(D). Pub. L. 113–291, § 624(b)(3)(A), (C), re- designated subpar. (C) as (D) and substituted ‘‘subpara- graphs (E) and (F)’’ for ‘‘subparagraphs (D) and (E)’’. Subsec. (d)(2)(E) to (G). Pub. L. 113–291, § 624(b)(3)(A), redesignated subpars. (D) to (F) as (E) to (G), respec- tively. Former subpar. (G) redesignated (H). Subsec. (d)(2)(H). Pub. L. 113–291, § 624(b)(3)(A), (D), re- designated subpar. (G) as (H), inserted ‘‘or (1)(C)’’ after ‘‘(1)(B)’’ in introductory provisions, and added cl. (iii). Subsec. (d)(2)(I). Pub. L. 113–291, § 624(b)(3)(A), redesig- nated subpar. (H) as (I). Subsec. (d)(3). Pub. L. 113–291, § 624(b)(4), substituted ‘‘, FIDUCIARY, OR TRUST’’ for ‘‘OR FIDUCIARY’’ in heading. 1996—Pub. L. 104–201 amended section generally, re- vising and restating provisions relating to regulations to carry out this subchapter. 1991—Subsecs. (a) to (d). Pub. L. 102–190 designated existing provisions as subsec. (a) and added subsecs. (b) to (d). 1985—Pars. (1), (2). Pub. L. 99–145 amended pars. (1) and (2) generally. Prior to amendment, pars. (1) and (2) read as follows: ‘‘(1) provide that, when the notification referred to in section 1448(a) of this title is required, the member and his spouse shall, before the date the member becomes entitled to retired or retainer pay, be informed of the elections available and the effects of such elections; and ‘‘(2) establish procedures for depositing the amounts referred to in section 1452(d) of this title.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1985 AMENDMENT Amendment by title VII of Pub. L. 99–145 effective Mar. 1, 1986, with prohibition against accrual of bene- Page 1388 TITLE 10—ARMED FORCES [§§ 1456 to 1460b fits to any person by reason of the enactment of such title VII for any period before Mar. 1, 1986, see section 731 of Pub. L. 99–145, set out as a note under section 1447 of this title. [SUBCHAPTER III—REPEALED] [§§ 1456 to 1460b. Repealed. Pub. L. 108–375, div. A, title VI, § 644(b)(2), Oct. 28, 2004, 118 Stat. 1961] Section 1456, added Pub. L. 101–189, div. A, title XIV, § 1404(a)(1), Nov. 29, 1989, 103 Stat. 1580, related to sup- plemental spouse coverage: establishment of plan; defi- nitions. Section 1457, added Pub. L. 101–189, div. A, title XIV, § 1404(a)(1), Nov. 29, 1989, 103 Stat. 1580; amended Pub. L. 102–190, div. A, title VI, § 653(b)(1), Dec. 5, 1991, 105 Stat. 1388; Pub. L. 103–337, div. A, title X, § 1070(e)(5), Oct. 5, 1994, 108 Stat. 2859; Pub. L. 108–375, div. A, title VI, § 644(b)(1), Oct. 28, 2004, 118 Stat. 1960, related to supple- mental spouse coverage: payment of annuity; amount. Section 1458, added Pub. L. 101–189, div. A, title XIV, § 1404(a)(1), Nov. 29, 1989, 103 Stat. 1581; amended Pub. L. 102–190, div. A, title VI, § 653(c)(1), Dec. 5, 1991, 105 Stat. 1388; Pub. L. 108–136, div. A, title VI, § 645(b)(2), Nov. 24, 2003, 117 Stat. 1519; Pub. L. 108–375, div. A, title X, § 1084(d)(10), Oct. 28, 2004, 118 Stat. 2061, related to sup- plemental spouse coverage: eligible participants; elec- tions of coverage. Section 1459, added Pub. L. 101–189, div. A, title XIV, § 1404(a)(1), Nov. 29, 1989, 103 Stat. 1584, related to former spouse coverage: special rules. Section 1460, added Pub. L. 101–189, div. A, title XIV, § 1404(a)(1), Nov. 29, 1989, 103 Stat. 1584; amended Pub. L. 102–190, div. A, title VI, § 653(b)(2), Dec. 5, 1991, 105 Stat. 1388; Pub. L. 110–181, div. A, title IX, § 906(c)(2), Jan. 28, 2008, 122 Stat. 277, related to supplemental spouse cov- erage: reductions in retired pay. Section 1460a, added Pub. L. 101–189, div. A, title XIV, § 1404(a)(1), Nov. 29, 1989, 103 Stat. 1585; amended Pub. L. 101–510, div. A, title XIV, § 1484(k)(5), Nov. 5, 1990, 104 Stat. 1719, related to incorporation of certain adminis- trative provisions. Section 1460b, added Pub. L. 101–189, div. A, title XIV, § 1404(a)(1), Nov. 29, 1989, 103 Stat. 1585, related to regu- lations. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Pub. L. 108–375, div. A, title VI, § 644(b)(2), Oct. 28, 2004, 118 Stat. 1961, provided that the repeal of this sub- chapter by section 644(b)(2) is effective Apr. 1, 2008. CHAPTER 74—DEPARTMENT OF DEFENSE MILITARY RETIREMENT FUND Sec. 1461. Establishment and purpose of Fund; defini- tion. 1462. Assets of Fund. 1463. Payments from the Fund. [1464. Repealed.] 1465. Determination of contributions to the Fund. 1466. Payments into the Fund. 1467. Investment of assets of Fund. Editorial Notes AMENDMENTS 2008—Pub. L. 110–181, div. A, title IX, § 906(b)(1)(B), Jan. 28, 2008, 122 Stat. 277, struck out item 1464 ‘‘Board of Actuaries’’. § 1461. Establishment and purpose of Fund; defi- nition (a) There is established on the books of the Treasury a fund to be known as the Department of Defense Military Retirement Fund (herein- after in this chapter referred to as the ‘‘Fund’’), which shall be administered by the Secretary of the Treasury. The Fund shall be used for the ac- cumulation of funds in order to finance on an actuarially sound basis liabilities of the Depart- ment of Defense and the Coast Guard under military retirement and survivor benefit pro- grams. (b) In this chapter, the term ‘‘military retire- ment and survivor benefit programs’’ means— (1) the provisions of this title creating enti- tlement to, or determining the amount of, re- tired or retainer pay; (2) the programs under the jurisdiction of the Department of Defense providing annuities for survivors of members and former members of the armed forces, including chapter 73 of this title, section 4 of Public Law 92–425, and section 5 of Public Law 96–402; and (3) the authority provided in section 1408(h) of this title. (Added Pub. L. 98–94, title IX, § 925(a)(1), Sept. 24, 1983, 97 Stat. 644; amended Pub. L. 101–189, div. A, title XVI, § 1622(e)(7), Nov. 29, 1989, 103 Stat. 1605; Pub. L. 102–484, div. A, title VI, § 653(b)(1), Oct. 23, 1992, 106 Stat. 2428; Pub. L. 116–283, div. G, title LVXXXII [LXXXII], § 8222, Jan. 1, 2021, 134 Stat. 4658.) Editorial Notes REFERENCES IN TEXT Section 4 of Public Law 92–425, referred to in subsec. (b)(2), is set out as a note under section 1448 of this title. Section 5 of Public Law 96–402, referred to in subsec. (b)(2), is set out as a note under section 1448 of this title. AMENDMENTS 2021—Subsec. (a). Pub. L. 116–283 inserted ‘‘and the Coast Guard’’ after ‘‘liabilities of the Department of Defense’’. 1992—Subsec. (b)(3). Pub. L. 102–484 added par. (3). 1989—Subsec. (b). Pub. L. 101–189 inserted ‘‘the term’’ after ‘‘In this chapter,’’. § 1462. Assets of Fund There shall be deposited into the Fund the fol- lowing, which shall constitute the assets of the Fund: (1) Amounts paid into the Fund under sec- tion 1466 of this title. (2) Any amount appropriated to the Fund. (3) Any return on investment of the assets of the Fund. (Added Pub. L. 98–94, title IX, § 925(a)(1), Sept. 24, 1983, 97 Stat. 645.) Statutory Notes and Related Subsidiaries TRANSFER OF APPROPRIATIONS Pub. L. 98–94, title IX, § 925(b)(3), Sept. 24, 1983, 97 Stat. 648, required transfer into the Fund on Oct. 1, 1984, of any unobligated balances of appropriations made to the Department of Defense that had been cur- rently available for retired pay, and provided that amounts so transferred would be deemed part of the as- sets of the Fund. § 1463. Payments from the Fund (a) There shall be paid from the Fund—