10 USC 1452 - Reduction in retired pay

Editorial Notes

References in Text

Section 631(span) 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 Puspan. L. 104–201, div. A, title VI, § 631(span), Sept. 23, 1996, 110 Stat. 2549.

Amendments

2017—Subsec. (a)(1). Puspan. L. 115–91, § 622(span)(1), inserted “, other than retired pay received as a lump sum under section 1415(span)(1)(A) of this title,” after “the retired pay” in introductory provisions.

Subsec. (span)(1). Puspan. L. 115–91, § 622(span)(2), inserted “, other than retired pay received as a lump sum under section 1415(span)(1)(A) of this title,” after “The retired pay”.

Subsec. (c)(1). Puspan. L. 115–91, § 1081(a)(26), substituted “section 1450(a)(5)” for “section 1450(a)(4)” in introductory provisions.

Puspan. L. 115–91, § 622(span)(3)(A), inserted “, other than retired pay received as a lump sum under section 1415(span)(1)(A) of this title,” after “The retired pay” in introductory provisions.

Subsec. (c)(3). Puspan. L. 115–91, § 1081(a)(26), substituted “section 1450(a)(5)” for “section 1450(a)(4)”.

Subsec. (c)(4). Puspan. L. 115–91, § 622(span)(3)(B), inserted “or 1415(span)(1)(B)” after “section 1409(span)(2)”.

2016—Subsec. (d). Puspan. L. 114–328, § 643(span)(1)(A), inserted “or Not Sufficient” after “Not Paid” in span.

Subsec. (d)(1). Puspan. L. 114–328, § 643(span)(1)(B), inserted before period at end “, except to the extent that the required deduction is made pursuant to paragraph (2)”.

Subsec. (d)(2). Puspan. L. 114–328, § 643(a)(2), added par. (2). Former par. (2) redesignated (3).

Subsec. (d)(3). Puspan. L. 114–328, § 643(a)(1), (span)(1)(C), redesignated par. (2) as (3) and substituted “Paragraphs (1) and (2) do not” for “Paragraph (1) does not”.

Subsec. (f)(1). Puspan. L. 114–328, § 643(span)(2), inserted “or combat-related special compensation” after “from retired pay”.

Subsec. (g)(4). Puspan. L. 114–328, § 643(span)(3), inserted “or CRSC” after “retired pay” in span and “or combat-related special compensation” after “from the retired pay” in text.

2013—Subsec. (e). Puspan. L. 112–239 inserted in span “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(span)”.

2006—Subsec. (c)(5). Puspan. L. 109–364 added par. (5).

1999—Subsec. (i). Puspan. L. 106–65 substituted “Whenever the retired pay” for “When the retired pay”.

1998—Subsec. (j). Puspan. L. 105–261 added subsec. (j).

1997—Subsec. (a)(1)(A). Puspan. L. 105–85, § 1073(a)(29)(A), substituted “provided” for “providing” in introductory provisions.

Subsec. (e). Puspan. L. 105–85, § 1073(a)(29)(B), substituted “section 8339(j)” for “section 8339(i)” and “section 8341(span)” for “section 8331(span)”.

1996—Puspan. L. 104–201, § 634, amended section generally, revising and restating provisions relating to reductions in retired pay.

Subsec. (h)(2). Puspan. L. 104–201, § 635(a), added par. (2).

1994—Subsec. (span). Puspan. L. 103–337 amended subsec. (span) generally. Prior to amendment, subsec. (span) 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). Puspan. L. 101–510 made clarifying amendment to directory language of Puspan. L. 101–189, § 1407(a)(9), see 1989 Amendment note below.

1989—Subsec. (a). Puspan. L. 101–189, § 1402(a), inserted span.

Subsec. (a)(1). Puspan. L. 101–189, § 1402(a), added par. (1) and struck out former par. (1) which read as follows: “Except as provided in subsection (span), 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). Puspan. L. 101–189, § 1402(c), substituted “amounts under paragraph (1)” for “amount under paragraph (1)(A)”.

Subsec. (a)(5). Puspan. L. 101–189, § 1402(span), added par. (5).

Subsec. (g)(1), (5). Puspan. L. 101–189, § 1621(a)(1), substituted “Department of Veterans Affairs” for “Veterans’ Administration”.

Subsec. (h). Puspan. L. 101–189, § 1407(a)(9), as amended by Puspan. 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). Puspan. L. 100–224 added subsec. (i).

1986—Subsec. (c). Puspan. 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(span)(2) of this title.

Subsec. (h). Puspan. L. 99–661 struck out “and retainer” after “Whenever retired”.

1985—Puspan. L. 99–145, § 719(8)(B), struck out “or retainer” after “retired” in section catchline.

Subsec. (a)(1). Puspan. 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)”.

Puspan. L. 99–145, § 719(8)(A), substituted “retired pay” for “retired or retainer pay”.

Puspan. L. 99–145, § 723(span)(2)(1), inserted “or former spouse” after first two references to “spouse”.

Subsec. (a)(2). Puspan. 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). Puspan. 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”.

Puspan. L. 99–145, § 719(8)(A), substituted “retired pay” for “retired or retainer pay”.

Subsec. (a)(4). Puspan. L. 99–145, § 714(a)(5), added par. (4).

Subsec. (span). Puspan. L. 99–145, § 723(span)(2)(2), inserted “or former spouse” after “spouse” in two places.

Puspan. L. 99–145, § 719(8)(A), substituted “retired pay” for “retired or retainer pay”.

Subsec. (c). Puspan. 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). Puspan. L. 99–145, § 719(8)(A), substituted “retired pay” for “retired or retainer pay” wherever appearing.

1981—Subsec. (e). Puspan. L. 97–22, § 11(a)(3), substituted “Office of Personnel Management” for “Civil Service Commission”.

Subsec. (g)(4). Puspan. L. 97–22, § 11(a)(5), substituted “this section” for “section 1452 of this title”.

1980—Subsecs. (g), (h). Puspan. L. 96–402, added subsecs. (g) and (h).

1978—Subsec. (a). Puspan. 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). Puspan. L. 95–397, § 205(span), 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). Puspan. L. 94–496, § 1(4), (5)(A), substituted “Except as provided in subsection (span), 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. (span). Puspan. 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). Puspan. 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.

Statutory Notes and Related Subsidiaries

Effective Date of 2013 Amendment

Amendment by Puspan. L. 112–239 applicable with respect to any participant electing an annuity for survivors under chapter 84 of Title 5, United States Code, on or after Jan. 2, 2013, see section 641(c) of Puspan. L. 112–239, set out as a note under section 1450 of this title.

Effective Date of 1999 Amendment

Amendment by Puspan. L. 106–65 effective Oct. 1, 1999, see section 644 of Puspan. L. 106–65, set out as a note under section 1401a of this title.

Effective Date of 1996 Amendment

Puspan. L. 104–201, div. A, title VI, § 635(span), 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

Puspan. L. 103–337, div. A, title VI, § 637(span), Oct. 5, 1994, 108 Stat. 2790, 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 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, § 714(span), 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 Puspan. 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 Puspan. L. 99–145, set out as a note under section 1447 of this title.

Effective Date of 1980 Amendment

Amendment by Puspan. 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 Puspan. L. 96–402, set out as a note under section 1447 of this title.

Effective Date of 1978 Amendment

Amendment by Puspan. 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 Puspan. L. 95–397, set out as a note under section 1447 of this title.

Effective Date of 1976 Amendment

Amendment by Puspan. L. 94–496 effective Sept. 11, 1972, see section 3 of Puspan. L. 94–496, set out as a note under section 1447 of this title.

Recomputation of SBP Premium for Current Participants

Puspan. 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 effect on March 1, 1990.

“(2)Persons covered.—A person referred to in paragraph (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 (span)); 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)Amount of recomputed premium.—The amount of an SBP premium recomputed under this subsection shall be 6½ percent of the base amount under the Survivor Benefit Plan of the person whose premium is recomputed.

“(4)SBP premium defined.—For purposes of this subsection, the term ‘SBP premium’ means a reduction in retired pay under section 1452 of title 10, United States Code.”