2011 US Code
Title 10 - Armed Forces
Subtitle A - General Military Law (§§ 101 - 2925)
Part II - PERSONNEL (§§ 501 - 1805)
Chapter 73 - ANNUITIES BASED ON RETIRED OR RETAINER PAY (§§ 1431 - 1460b)
Subchapter II - SURVIVOR BENEFIT PLAN (§§ 1447 - 1455)
Section 1452 - Reduction in retired pay
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 5, Title 10 - ARMED FORCES |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 73 - ANNUITIES BASED ON RETIRED OR RETAINER PAY SUBCHAPTER II - SURVIVOR BENEFIT PLAN Sec. 1452 - Reduction in retired pay |
Contains | section 1452 |
Date | 2011 |
Laws in Effect as of Date | January 3, 2012 |
Positive Law | Yes |
Disposition | standard |
Source Credit | 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(<em>l</em>)(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. |
Statutes at Large References | 86 Stat. 710 90 Stat. 2375 92 Stat. 847 94 Stat. 1706 95 Stat. 137 99 Stat. 672 100 Stat. 702, 3992 101 Stat. 1537 103 Stat. 1577 104 Stat. 1720 108 Stat. 2790 110 Stat. 364, 2572, 2549 111 Stat. 1901 112 Stat. 2045 113 Stat. 663 120 Stat. 2260 |
Public Law References | Public Law 92-425, Public Law 94-496, Public Law 95-397, Public Law 96-402, Public Law 97-22, Public Law 99-145, Public Law 99-348, Public Law 99-661, Public Law 100-224, Public Law 101-189, Public Law 101-510, Public Law 103-337, Public Law 104-106, Public Law 104-201, Public Law 105-85, Public Law 105-261, Public Law 106-65, Public Law 109-364 |
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(a)
(1)
(A)
(i)
(ii)
(iii)
(iv)
(I)
(II)
(B)
(i)
(ii)
(2)
(3)
(4)
(A)
(B)
(5)
(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)
(1)
(2)
(3)
(4)
(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)
(1)
(A)
(B)
(2)
(3)
(4)
(5)
(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 election.
(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 reduced at such rate or rates and according to such methodology as the Secretary of Defense determines reasonable.
(C) Any additional amount that the Secretary determines necessary to protect the actuarial soundness of the Department of Defense Military Retirement Fund against any increased risk for the fund that is associated with the election.
(d)
(1)
(2)
(e)
(f)
(1)
(2)
(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)
(1)
(A)
(B)
(C)
(2)
(3)
(A)
(B)
(4)
(5)
(A)
(i) after having discontinued participation in the Plan the Secretary of Veterans Affairs reduces that person's service-connected 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-connected 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)
(C)
(h)
(1)
(2)
(A)
(B)
(i)
(j)
(1) the 360th month for which the participant's retired pay is reduced under this section; 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.)
References in TextSection 631(b) of Public Law 104–106 (110 Stat. 364), referred 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.
Amendments2006—Subsec. (c)(5). Pub. L. 109–364 added par. (5).
1999—Subsec. (i). Pub. L. 106–65 substituted “Whenever 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 follows: “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 provide 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 Secretary 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 2½ percent of the first $300 (as adjusted from time to time under paragraph (4)) of the base amount plus 10 percent of the remainder 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), substituted “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), substituted “Department of Veterans Affairs” for “Veterans’ Administration”.
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 retired pay is so increased” for “such retired pay is increased 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 purposes 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 retainer” 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); redesignated cl. (1) as (A), inserting “(as adjusted from time to time under paragraph (4))” after “$300” and substituting “a standard annuity” for “an annuity by virtue 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 existing second sentence of subsec. (a) as par. (2), and substituted “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 existing third sentence of subsec. (a) as par. (3), substituted “paragraph (1)” for “the first sentence of this subsection”, and inserted “or former spouse” after “eligible 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-component 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), substituted “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 2½ percent of the first $300 of the base amount plus 10 percent of the remainder of the base amount” after “shall be reduced 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 prescribed 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 retired 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), substituted “Except as provided in subsection (b), the retired or retainer pay” for “The retired or retainer pay”, “(a)(4)” for “(a)(3)”, and inserted provision prohibiting a reduction in retired or retainer pay during any month in which there is no eligible spouse beneficiary.
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 during the lifetime of a beneficiary designated under section 1450(a)(4) of this title or until such person change his election pursuant to section 1450(f) of this title.
Effective Date of 1999 AmendmentAmendment 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 AmendmentSection 635(b) of Pub. L. 104–201 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 AmendmentSection 637(b) of Pub. L. 103–337 provided that:
“(1) Except as provided in paragraph (2), the amendment 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 election 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 enactment of this Act that no reduction in the participant's retired pay for child-only coverage would be made during a period when there was no eligible dependent child.”
Effective Date of 1990 AmendmentSection 1484(l)(4)(C) of Pub. L. 101–510 provided that the amendment made by that section is effective Nov. 29, 1989.
Effective Date of 1985 AmendmentSection 714(b) of title VII of Pub. L. 99–145 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 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 section 731 of Pub. L. 99–145, set out as a note under section 1447 of this title.
Effective Date of 1980 AmendmentAmendment 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 benefits 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 AmendmentAmendment by Pub. L. 95–397 effective Oct. 1, 1978, and applicable to annuities payable by virtue of amendment for months beginning on or after such date, see section 210 of Pub. L. 95–397, set out as a note under section 1447 of this title.
Effective Date of 1976Amendment 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 ParticipantsSection 1402(d) of Pub. L. 101–189 provided that:
“(1)
“(2)
“(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 6½ percent of the base amount of that person under the Survivor Benefit Plan.
“(3)
“(4)
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