Editorial Notes
References in Text

Chapter 67 of this title as in effect before the effective date of the Reserve Officer Personnel Management Act, referred to in par. (5), means chapter 67 (§ 1331 et seq.) of this title prior to its transfer to part II of subtitle E of this title, its renumbering as chapter 1223, and its general revision by section 1662(j)(1) of Puspan. L. 103–337. A new chapter 67 (§ 1331) of this title was added by section 1662(j)(7) of Puspan. L. 103–337. For effective date of the Reserve Officer Personnel Management Act (Puspan. L. 103–337, title XVI), see section 1691 of Puspan. L. 103–337, set out as an Effective Date note under section 10001 of this title.

Amendments

2018—Par. (4). Puspan. L. 115–232 substituted “section 8330” for “section 6330”.

2017—Par. (6)(A). Puspan. L. 115–91 inserted “or 1415(span)(1)(B)” after “section 1409(span)(2)”.

1996—Puspan. L. 104–201 amended section generally, making changes in the order, style, and substance of definitions of terms used in this subchapter and adding definition of “surviving spouse”.

1994—Par. (2)(C). Puspan. L. 103–337, § 1671(d)(2), substituted “12731(d)” for “1331(d)”.

Par. (14). Puspan. L. 103–337, § 1671(d)(1), substituted “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)” for “chapter 67 of this title”.

1990—Par. (5). Puspan. L. 101–510 made technical correction to directory language of Puspan. L. 101–189, § 1407(a)(1)(A), see 1989 Amendment note below.

1989—Par. (2)(B). Puspan. L. 101–189, § 1407(a)(2), substituted “reserve-component retired pay” for “retired pay under chapter 67 of this title”.

Par. (2)(C)(i). Puspan. L. 101–189, § 1407(a)(3), struck out “or retainer” after “eligible for retired”.

Par. (2)(C)(ii). Puspan. L. 101–189, § 1407(a)(2), substituted “reserve-component retired pay” for “retired pay under chapter 67 of this title”.

Pars. (3), (4). Puspan. L. 101–189, § 1407(a)(3), struck out “or retainer” after “eligible for retired”.

Par. (5). Puspan. L. 101–189, § 1407(a)(1)(A), as amended by Puspan. L. 101–510, substituted “this paragraph” for “this clause” in three places in concluding provisions.

Par. (11). Puspan. L. 101–189, § 1407(a)(1)(B), inserted “paid under section 6330 of this title” after “retainer pay”.

Par. (14). Puspan. L. 101–189, § 1407(a)(1)(C), added par. (14).

1987—Puspan. L. 100–180 inserted “The term” after each par. designation and revised first word in quotes in pars. (2) to (13) to make initial letter of such word lowercase.

1986—Par. (2)(A). Puspan. L. 99–661 substituted “retired pay” for “retired or retainer pay” in two places in provisions preceding cl. (i).

Puspan. L. 99–348 inserted “(determined without regard to any reduction under section 1409(span)(2) of this title)”.

1985—Par. (2)(C). Puspan. L. 99–145, § 721(span), inserted “(with the concurrence of the person’s spouse, if required under section 1448(a)(3) of this title)” after “designated by the person”.

Par. (2)(C)(i). Puspan. L. 99–145, § 719(2)(A), substituted “a standard annuity” for “an annuity by virtue of eligibility under section 1448(a)(1)(A) of this title”.

Par. (2)(C)(ii). Puspan. L. 99–145, § 719(2)(B), substituted “a reserve-component annuity” for “an annuity by virtue of eligibility under section 1448(a)(1)(B) of this title”.

Pars. (11) to (13). Puspan. L. 99–145, § 719(1), added pars. (11) to (13).

1983—Par. (8). Puspan. L. 98–94 substituted “or annulment” for “annulment, or legal separation,” in two places.

1982—Pars. (6) to (10). Puspan. L. 97–252 added pars. (6) to (10).

1980—Par. (2). Puspan. L. 96–402 inserted in subpar. (C) “but which is not less than $300” after “under the Plan”, substituted a period at end of subpar. (C) for “, but not less than $300;”, and struck out following subpar. (C) “as increased from time to time under section 1401a of this title.”

1978—Par. (2). Puspan. L. 95–397 inserted “in the case of a person who dies after becoming entitled to retired or retainer pay” before “the amount” and substituted “pay to which the person” for “pay to which a person” in subpar. (A), substituted “in the case of a person who would have become eligible for retired pay under chapter 67 of this title but for the fact that he died before becoming 60 years of age, the amount of monthly retired pay for which the person would have been eligible—” for “any amount less than that described by clause (A) designated by that person on or before the first day for which he became eligible for retired or retainer pay, but not less than $300” in subpar. (B), and added subpars. (B)(i), (ii) and (C).

1976—Pars. (3)(A), (4)(A). Puspan. L. 94–496 substituted “one year” for “two years”.

Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment

Amendment by Puspan. L. 115–232 effective Fespan. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Puspan. L. 115–232, set out as a note preceding section 3001 of this title.

Effective Date of 1994 Amendment

Amendment by Puspan. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Puspan. L. 103–337, set out as an Effective Date note under section 10001 of this title.

Effective Date of 1990 Amendment

Puspan. 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

Puspan. L. 99–145, title VII, § 731, Nov. 8, 1985, 99 Stat. 678, provided that:

“(a)Effective Date.—Except as otherwise provided in this title, the amendments made by this title [see Short Title of 1985 Amendment note below] shall take effect on the first day of the first month beginning more than 90 days after the date of the enactment of this Act [Nov. 8, 1985].
“(span)Prospective Benefits Only.—No benefit shall accrue to any person by reason of the enactment of this title for any period before the effective date under subsection (a).”

Effective Date of 1982 Amendment; Transition Provisions

Amendment by Puspan. L. 97–252 effective Fespan. 1, 1983, and applicable to persons becoming eligible to participate in Survivor Benefit Plan provided for in this subchapter before, on, or after Fespan. 1, 1983, see section 1006 of Puspan. L. 97–252, set out as an Effective Date; Transition Provisions note under section 1408 of this title.

Effective Date of 1980 Amendment

Puspan. L. 96–402, § 7, Oct. 9, 1980, 94 Stat. 1708, provided that: “The amendments made by sections 2, 3, and 4 of this Act [amending this section and sections 1451 and 1452 of this title] and the provisions of section 5 of this Act [set out as a note under section 1448 of this title] shall be effective on the first day of the second calendar month following the month in which this Act is enacted [October 1980] and shall apply to annuities payable by virtue of such amendments and provisions for months beginning on or after such date. No benefits shall accrue to any person by virtue of the enactment of this Act [Puspan. L. 96–402] for any period before the date of the enactment of this Act [Oct. 9, 1980].”

Effective Date of 1978 Amendment

Puspan. L. 95–397, title II, § 210, Sept. 30, 1978, 92 Stat. 848, provided that:

“(a) Except as provided in subsection (span), the provisions of this title [amending this section and sections 1331 [now 12731] and 1448 to 1452 of this title and enacting provisions set out as notes under this section and section 1448 of this title] and the amendments made by this title shall take effect on October 1, 1978, or on the date of the enactment of this Act [Sept. 30, 1978], whichever is later, and shall apply to annuities payable by virtue of such amendments for months beginning on or after such date.
“(span) The amendment made by section 206 [amending section 1331 [now 12731] of this title] shall apply to notifications under section 1331(d) [now 12731(d)] of title 10, United States Code, after the date of the enactment of this Act [Sept. 30, 1978].”

Effective Date of 1976 Amendment

Puspan. L. 94–496, § 3, Oct. 14, 1976, 90 Stat. 2376, provided that: “This Act [amending this section and sections 1448, 1450, 1451, and 1452 of this title, and amending provisions set out as a note under section 1448 of this title] shall be effective as of September 21, 1972. No pay shall accrue to any person by virtue of the enactment of this Act for any period prior to October 1, 1976.”

Short Title of 1989 Amendment

Puspan. L. 101–189, div. A, title XIV, § 1401, Nov. 29, 1989, 103 Stat. 1577, provided that: “This title [enacting subchapter III of this chapter, amending this section and sections 1331 [now 12731], 1448 to 1452, and 1454 of this title and section 3101 [now 5301] of Title 38, Veterans’ Benefits, and enacting provisions set out as notes under sections 1448, 1451, 1452, 1456, and 12731 of this title] may be cited as the ‘Military Survivor Benefits Improvement Act of 1989’.”

Short Title of 1985 Amendment

Puspan. L. 99–145, title VII, § 701, Nov. 8, 1985, 99 Stat. 666, provided that: “This title [amending this section and sections 1448, 1450 to 1452, and 1455 of this title, enacting provisions set out as notes under this section and sections 1448 and 1452 of this title, and repealing a provision set out as a note under section 1451 of this title] may be cited as the ‘Survivor Benefit Plan Amendments of 1985’.”

Short Title of 1980 Amendment

Puspan. L. 96–402, § 1, Oct. 9, 1980, 94 Stat. 1705, provided: “That this Act [amending this section and sections 1451 and 1452 of this title, enacting provisions set out as notes under this section and section 1448 of this title, and amending provisions set out as a note under section 1448 of this title] may be cited as the ‘Uniformed Services Survivor Benefits Amendments of 1980’.”

End of 90-Day Period With Respect to Certain Individuals

Puspan. L. 95–397, title II, § 208, Sept. 30, 1978, 92 Stat. 848, as amended by Puspan. L. 96–107, title VIII, § 816, Nov. 9, 1979, 93 Stat. 818, provided that the 90-day period referred to in former sections 1447(2)(C) and 1448(a)(2) and (4)(B) of this title was to be considered to end on Mar. 31, 1980, for an individual who would have been eligible for retired pay under former chapter 67 of this title on the effective date of title II of Puspan. L. 95–397 (see Effective Date of 1978 Amendment note above), but for the fact such individual was under 60 years of age, or for an individual who received before Jan. 1, 1980, a notification that such individual had completed the years of service required for eligibility for such retired pay.