10 U.S.C. 1408: Payment of retired or retainer pay in compliance with court orders

2017

• Pub. L. 115–91, §624(a)(1)(A), struck out "(as determined pursuant to subparagraph (B)" after "is entitled" in introductory provisions. (National Defense Authorization Act for Fiscal Year 2018) Law text · (a)
• Pub. L. 115–91, §624(a)(1)(B), added subpar. (B) and struck out former subpar. (B) which read as follows: "For purposes of subparagraph (A), the total monthly retired pay to which a member is entitled shall be— (National Defense Authorization Act for Fiscal Year 2018) Law text · (a)
• Pub. L. 115–91, §624(a)(2), added par. (8). (National Defense Authorization Act for Fiscal Year 2018) Law text · (d)
• Pub. L. 115–91, §531(m), substituted "entry of judgment under section 860c of this title (article 60c of the Uniform Code of Military Justice)" for "the approval of that sentence by the person acting under section 860(c) of this title (article 60(c) of the Uniform Code of Milita… (National Defense Authorization Act for Fiscal Year 2018) Law text · (h)
• Pub. L. 115–91, §534(a), added subsec. (l). (National Defense Authorization Act for Fiscal Year 2018) Law text · (l)

2016

• Pub. L. 114–328, §641(a), designated existing provisions as subpar. (A), inserted "(as determined pursuant to subparagraph (B)" after "member is entitled" in introductory provisions, redesignated former subpars. (A) to (D) as cls. (i) to (iv), respectively, of subpar. (A), and added… (National Defense Authorization Act for Fiscal Year 2017) Law text · (a)
• Pub. L. 114–328, §1081(b)(2)(B), substituted "(50 U.S.C. 3901 et seq.)" for "(50 U.S.C. App. 501 et seq.)". (National Defense Authorization Act for Fiscal Year 2017) Law text · (b)

2009

• Pub. L. 111–84 struck out "and" at end. (National Defense Authorization Act for Fiscal Year 2010) Law text · (h)

2006

• Pub. L. 109–163, §665(a)(1), designated existing provisions as subpar. (A) and added subpar. (B). (National Defense Authorization Act for Fiscal Year 2006) Law text · (h)
• Pub. L. 109–163, §665(a)(2)(A), inserted ", or a dependent child," after "former spouse" in introductory provisions. (National Defense Authorization Act for Fiscal Year 2006) Law text · (h)
• Pub. L. 109–163, §665(a)(2)(B)(i), inserted "in the case of eligibility of a spouse or former spouse under paragraph (1)(A)," after "(B)". (National Defense Authorization Act for Fiscal Year 2006) Law text · (h)
• Pub. L. 109–163, §665(a)(2)(B)(ii), (C), added subpar. (C). (National Defense Authorization Act for Fiscal Year 2006) Law text · (h)
• Pub. L. 109–163, §665(a)(3), inserted ", or an eligible dependent child," after "former spouse" in introductory provisions. (National Defense Authorization Act for Fiscal Year 2006) Law text · (h)
• Pub. L. 109–163, §665(a)(4), inserted ", or the dependent child," after "former spouse". (National Defense Authorization Act for Fiscal Year 2006) Law text · (h)
• Pub. L. 109–163, §665(a)(5), inserted ", or to a dependent child," after "former spouse". (National Defense Authorization Act for Fiscal Year 2006) Law text · (h)

2003

• Pub. L. 108–189 substituted "Servicemembers Civil Relief Act" for "Soldiers' and Sailors' Civil Relief Act of 1940". Law text · (b)

2002

• Pub. L. 107–296 substituted "of Homeland Security" for "of Transportation". (Homeland Security Act of 2002) Law text · (h), (8)

2001

• Pub. L. 107–107 substituted "August 22, 1996," for "the date of the enactment of this paragraph". (National Defense Authorization Act for Fiscal Year 2002) Law text · (d)

1997

• Pub. L. 105–85, §1073(a)(24)(A), substituted "to" for "To" in heading. (National Defense Authorization Act for Fiscal Year 1998) Law text · (d)
• Pub. L. 105–85, §1073(a)(24)(B), redesignated par. (6), relating to court order which is out-of-State modification, as (7). (National Defense Authorization Act for Fiscal Year 1998) Law text · (d)
• Pub. L. 105–85, §1073(a)(24)(B), redesignated par. (6), relating to court order which is out-of-State modification, as (7). (National Defense Authorization Act for Fiscal Year 1998) Law text · (d)
• Pub. L. 105–85, §1073(a)(24)(C), substituted "out-of-State" for "out-of State". (National Defense Authorization Act for Fiscal Year 1998) Law text · (d)
• Pub. L. 105–85, §1073(a)(25), in heading, substituted "to" for "To" and "on" for "On". (National Defense Authorization Act for Fiscal Year 1998) Law text · (g)

1996

• Pub. L. 104–193, §362(c)(1), added subpar. (D). (Personal Responsibility and Work Opportunity Reconciliation Act of 1996) Law text · (a)
• Pub. L. 104–193, §362(c)(2)(A), inserted "or a support order, as defined in section 453(p) of the Social Security Act (42 U.S.C. 653(p))," before "which—". (Personal Responsibility and Work Opportunity Reconciliation Act of 1996) Law text · (a)
• Pub. L. 104–193, §362(c)(2)(B), substituted "(as defined in section 459(i)(2) of the Social Security Act (42 U.S.C. 659(i)(2)))" for "(as defined in section 462(b) of the Social Security Act (42 U.S.C. 662(b)))". (Personal Responsibility and Work Opportunity Reconciliation Act of 1996) Law text · (a)
• Pub. L. 104–193, §362(c)(2)(C), substituted "(as defined in section 459(i)(3) of the Social Security Act (42 U.S.C. 659(i)(3)))" for "(as defined in section 462(c) of the Social Security Act (42 U.S.C. 662(c)))". (Personal Responsibility and Work Opportunity Reconciliation Act of 1996) Law text · (a)
• Pub. L. 104–106 substituted "section 12731" for "section 1331". (National Defense Authorization Act for Fiscal Year 1996) Law text · (a)
• Pub. L. 104–201, §636(a), substituted "facsimile or electronic transmission or by mail" for "certified or registered mail, return receipt requested". (National Defense Authorization Act for Fiscal Year 1997) Law text · (b)
• Pub. L. 104–193, §362(c)(3)(A), inserted "(or for benefit of)" before "Spouse or" in heading. (Personal Responsibility and Work Opportunity Reconciliation Act of 1996) Law text · (d)
• Pub. L. 104–193, §363(c)(2), inserted after first sentence "In the case of a spouse or former spouse who, pursuant to section 408(a)(3) of the Social Security Act (42 U.S.C. 608(a)(4)), assigns to a State the rights of the spouse or former spouse to receive support, the Secretary co… (Personal Responsibility and Work Opportunity Reconciliation Act of 1996) Law text · (d)
• Pub. L. 104–193, §362(c)(3)(B), in first sentence, inserted "(or for the benefit of such spouse or former spouse to a State disbursement unit established pursuant to section 454B of the Social Security Act or other public payee designated by a State, in accordance with part D of title IV of the Soc… (Personal Responsibility and Work Opportunity Reconciliation Act of 1996) Law text · (d)
• Pub. L. 104–201, §636(b), added par. (6) relating to court order which is out-of-State modification. (National Defense Authorization Act for Fiscal Year 1997) Law text · (d)
• Pub. L. 104–193, §363(c)(3), added par. (6) relating to use of disposable retired pay of member to satisfy amount of child support set forth in court order. (Personal Responsibility and Work Opportunity Reconciliation Act of 1996) Law text · (d)
• Pub. L. 104–193, §363(c)(1), added subsec. (i). Former subsec. (i) redesignated (j). (Personal Responsibility and Work Opportunity Reconciliation Act of 1996) Law text · (i)
• Pub. L. 104–193, §363(c)(1), redesignated subsec. (j) as (k). (Personal Responsibility and Work Opportunity Reconciliation Act of 1996) Law text · (j)
• Pub. L. 104–193, §362(c)(4), added subsec. (j). (Personal Responsibility and Work Opportunity Reconciliation Act of 1996) Law text · (j)
• Pub. L. 104–193, §363(c)(1), redesignated subsec. (j) as (k). (Personal Responsibility and Work Opportunity Reconciliation Act of 1996) Law text · (k)

1993

• Pub. L. 103–160, §1182(a)(2)(A), substituted "subsection (i)" for "subsection (h)". · (b), (f), (2)
• Pub. L. 103–160, §555(b)(1), inserted "or, for the Coast Guard when it is not operating as a service in the Navy, by the Secretary of Transportation" after "Secretary of Defense". · (h)
• Pub. L. 103–160, §1182(a)(2)(B), inserted "of" after "of that termination". · (h)
• Pub. L. 103–160, §555(b)(2), inserted before period at end "or, in the case of the Coast Guard, out of funds appropriated to the Department of Transportation for payment of retired pay for the Coast Guard". · (h)
• Pub. L. 103–160, §555(a), added par. (10) and redesignated former par. (10) as (11). · (h), (11)

1992

• Pub. L. 102–484 added subsec. (h) and redesignated former subsec. (h) as (i). · (h), (i)

1991

• Pub. L. 102–190 inserted "or retainer" after "retired" in section catchline.

1990

• Pub. L. 101–510, §555(f)(2), substituted "retired pay" for "retired or retainer pay" in section catchline.
• Pub. L. 101–510, §555(g)(1), inserted heading. · (a)
• Pub. L. 101–510, §555(f)(2), substituted "retired pay" for "retired or retainer pay" wherever appearing. · (a)
• Pub. L. 101–510, §555(f)(2), substituted "retired pay" for "retired or retainer pay" wherever appearing in introductory provisions and in subpar. (D). · (a)
• Pub. L. 101–510, §555(b)(1), inserted before semicolon at end "for previous overpayments of retired pay and for recoupments required by law resulting from entitlement to retired pay". · (a)
• Pub. L. 101–510, §555(b)(2), added subpar. (B) and struck out former subpar. (B) which read as follows: "are required by law to be and are deducted from the retired or retainer pay of such member, including fines and forfeitures ordered by courts-martial, Federal employment taxes… · (a)
• Pub. L. 101–510, §555(b)(3), (4), redesignated subpars. (E) and (F) as (C) and (D), respectively, and struck out former subpars. (C) and (D) which read as follows: · (a)
• Pub. L. 101–510, §555(f)(1), added par. (7). · (a)
• Pub. L. 101–510, §555(g)(2), inserted heading. · (b)
• Pub. L. 101–510, §555(g)(3), inserted heading. · (c)
• Pub. L. 101–510, §555(f)(2), substituted "retired pay" for "retired or retainer pay". · (c)
• Pub. L. 101–510, §555(a), inserted at end "A court may not treat retired pay as property in any proceeding to divide or partition any amount of retired pay of a member as the property of the member and the member's spouse or former spouse if a final decree of divorce, dissolution, annulment, or leg… · (c)
• Pub. L. 101–510, §555(c), inserted at end "Payments by the Secretary concerned under subsection (d) to a spouse or former spouse with respect to a division of retired pay as the property of a member and the member's spouse under this subsection may not be treated as amounts received… · (c)
• Pub. L. 101–510, §555(f)(2), substituted "retired pay" for "retired or retainer pay". · (c)
• Pub. L. 101–510, §555(g)(4), inserted heading. · (d)
• Pub. L. 101–510, §555(f)(2), substituted "retired pay" for "retired or retainer pay" wherever appearing. · (d)
• Pub. L. 101–510, §555(g)(5), inserted heading. · (e)
• Pub. L. 101–510, §555(f)(2), substituted "retired pay" for "retired or retainer pay" wherever appearing. · (e)
• Pub. L. 101–510, §555(d)(1), substituted "payable under all court orders pursuant to subsection (c)" for "payable under subsection (d)". · (e)
• Pub. L. 101–510, §555(d)(2), substituted "the amount of the retired pay payable to such member that is considered under section 462 of the Social Security Act (42 U.S.C. 662) to be remuneration for employment that is payable by the United States" for "the disposable retired or re… · (e)
• Pub. L. 101–510, §555(g)(6), inserted heading. · (f)
• Pub. L. 101–510, §555(f)(2), substituted "retired pay" for "retired or retainer pay". · (f)
• Pub. L. 101–510, §555(g)(7), inserted heading. · (g)
• Pub. L. 101–510, §555(g)(8), inserted heading. · (h)

1989

• Pub. L. 101–189, §1622(e)(6), substituted "The term 'court" for " 'Court" in introductory provisions. · (a), (2)
• Pub. L. 101–189, §1622(e)(6), substituted "The term 'final" for " 'Final". · (a)
• Pub. L. 101–189, §1622(e)(6), substituted "The term 'disposable" for " 'Disposable" in introductory provisions. · (a)
• Pub. L. 101–189, §653(a)(5)(A), struck out "(26 U.S.C. 3402(i))" after "Code of 1986". · (a)
• Pub. L. 101–189, §§653(a)(5)(B), 1622(e)(6), substituted "The term 'member" for " 'Member" and inserted "entitled to retired pay under section 1331 of this title" after "a former member". · (a)
• Pub. L. 101–189, §1622(e)(6), substituted "The term 'spouse" for " 'Spouse". · (a)

1987

• Pub. L. 100–26, §3(3), made technical amendment to directory language of Pub. L. 99–661, §644(a). See 1986 Amendment note below. · (a)
• Pub. L. 100–26, §7(h)(1), substituted "Internal Revenue Code of 1986" for "Internal Revenue Code of 1954". · (a)

1986

• Pub. L. 99–661, §644(a), as amended by Pub. L. 100–26, §3(3), struck out "(other than the retired pay of a member retired for disability under chapter 61 of this title)" before "less amounts" in introductory text, added subpar. (E), and struck out former subpar. (E) which read as fo… · (a)

1984

• Pub. L. 98–525, §643(a), inserted "in the case of a division of property,". · (a)
• Pub. L. 98–525, §643(b), inserted ", if possible,". · (b)
• Pub. L. 98–525, §643(c)(1), substituted "After effective service on the Secretary concerned of a court order providing for the payment of child support or alimony or, with respect to a division of property, specifically providing for the payment of an amount of the disposable retire… · (d)
• Pub. L. 98–525, §643(c)(2), substituted "child support or alimony or the payment of an amount of disposable retired or retainer pay as the result of the court's treatment of such pay under subsection (c) as property of the member and his spouse, the Secretary concerned shall pay (su… · (d)
• Pub. L. 98–525, §643(d)(1), substituted ", the disposable retired or retainer pay of the member" for "from the disposable retired or retainer pay of a member, such pay" before "shall be used to satisfy". · (e)
• Pub. L. 98–525, §643(d)(2)(A), struck out "from the disposable retired or retainer pay" before "of the same member". · (e)
• Pub. L. 98–525, §643(d)(2)(B), substituted "from the member's disposable retired or retainer pay the least amount" for "the least amount of disposable retired or retainer pay" before "directed to be paid". · (e)
• Pub. L. 98–525, §643(d)(2)(C), struck out "of retired or retainer pay" before "required by any conflicting". · (e)
• Pub. L. 98–525, §643(d)(3), struck out "the retired or retainer pay of" before "the same member" and substituted "satisfaction of such court orders and legal process from the retired or retainer pay of the members shall be" for "such court orders and legal process shall be satisf… · (e)
• Pub. L. 98–525, §643(d)(4), struck out "of disposable retired or retainer pay" after "payment of an amount" in two places and substituted "disposable retired or retainer pay" for "such pay" before "available for payment". · (e)