10 U.S.C. 1448: Application of Plan

2024

• Pub. L. 118–159 substituted "paragraph (2)" for "paragraph (2)(B)" in introductory provisions. (Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025) Law text · (d)

2019

• Pub. L. 116–92 struck out subpar. (A) designation and heading before "In the case of a member described in paragraph (1)" and struck out subpar. (B) which read as follows: "Optional annuity when there is an eligible surviving spouse.—In the case of a member described in paragraph (1… (National Defense Authorization Act for Fiscal Year 2020) Law text · (d)

2016

• Pub. L. 114–328, §642(b), amended par. (2) generally. Prior to amendment, text read as follows: "The Secretary concerned shall pay an annuity under this subchapter to the dependent child, or to a special needs trust pursuant to section 1450(a)(4) of this title, of a person described… (National Defense Authorization Act for Fiscal Year 2017) Law text · (f)
• Pub. L. 114–328, §642(c), added par. (5). (National Defense Authorization Act for Fiscal Year 2017) Law text · (f)

2015

• Pub. L. 114–92 added par. (7). (National Defense Authorization Act for Fiscal Year 2016) Law text · (b)

2014

• Pub. L. 113–291, §624(a)(2)(B)(i), added par. (6). (Carl Levin and Howard P. `Buck' McKeon National Defense Authorization Act for Fiscal Year 2015) Law text · (b)
• Pub. L. 113–291, §624(a)(2)(B)(ii)(I), substituted "subsection (a)(2) or (a)(4) of section 1450" for "section 1450(a)(2)". (Carl Levin and Howard P. `Buck' McKeon National Defense Authorization Act for Fiscal Year 2015) Law text · (d)
• Pub. L. 113–291, §624(a)(2)(B)(ii)(II), substituted "subsection (a)(3) or (a)(4) of section 1450" for "section 1450(a)(3)". (Carl Levin and Howard P. `Buck' McKeon National Defense Authorization Act for Fiscal Year 2015) Law text · (d)
• Pub. L. 113–291, §624(a)(2)(B)(iii), inserted ", or to a special needs trust pursuant to section 1450(a)(4) of this title," after "dependent child". (Carl Levin and Howard P. `Buck' McKeon National Defense Authorization Act for Fiscal Year 2015) Law text · (f)

2006

• Pub. L. 109–364, §643(a)(1), inserted "or under subparagraph (G) of this paragraph" before period at end. (John Warner National Defense Authorization Act for Fiscal Year 2007) Law text · (b)
• Pub. L. 109–364, §643(a)(2), added subpar. (G). (John Warner National Defense Authorization Act for Fiscal Year 2007) Law text · (b)
• Pub. L. 109–364, §644(a), substituted "October 7, 2001" for "November 23, 2003". (John Warner National Defense Authorization Act for Fiscal Year 2007) Law text · (d)
• Pub. L. 109–364, §1071(a)(8), struck out second comma after "November 23, 2003". (John Warner National Defense Authorization Act for Fiscal Year 2007) Law text · (d)

2004

• Pub. L. 108–375 substituted "after November 23, 2003," for "on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2004". (Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005) Law text · (b), (d), (6)

2003

• Pub. L. 108–136, §645(b)(1), added subpar. (F). (National Defense Authorization Act for Fiscal Year 2004) Law text · (b)
• Pub. L. 108–136, §645(a)(2), substituted "Except as provided in paragraph (2)(B), the Secretary concerned" for "The Secretary concerned" in introductory provisions. (National Defense Authorization Act for Fiscal Year 2004) Law text · (d)
• Pub. L. 108–136, §645(a)(1), amended heading and text of par. (2) generally. Prior to amendment, text read as follows: "The Secretary concerned shall pay an annuity under this subchapter to the dependent child of a member described in paragraph (1) if there is no surviving spouse or… (National Defense Authorization Act for Fiscal Year 2004) Law text · (d)
• Pub. L. 108–136, §645(c), added par. (6). (National Defense Authorization Act for Fiscal Year 2004) Law text · (d)
• Pub. L. 108–136, §644(b), inserted "or Before" after "Dying When" in heading. (National Defense Authorization Act for Fiscal Year 2004) Law text · (f)
• Pub. L. 108–136, §644(a), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: "The Secretary concerned shall pay an annuity under this subchapter to the surviving spouse of a person who is eligible to provide a reserve-component ann… (National Defense Authorization Act for Fiscal Year 2004) Law text · (f)

2001

• Pub. L. 107–107 struck out "Retirement-Eligible" before "Members" in heading and amended par. (1) generally. Prior to amendment, par. (1) read as follows: (National Defense Authorization Act for Fiscal Year 2002) Law text · (d)

2000

• Pub. L. 106–398, §1 [[div. A], title VI, §655(c)(1)], substituted "who elects under subparagraph (B) not to participate in the Plan" for "described in clauses (i) and (ii) of subparagraph (B) who does not elect to participate in the Plan before the end of the 90-day period referred … (Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001) Law text · (a)
• Pub. L. 106–398, §1 [[div. A], title VI, §655(a)], amended heading and text of subpar. (B) generally. Prior to amendment, text read as follows: "A person who (i) is eligible to participate in the Plan under paragraph (1)(B), (ii) is married or has a dependent child when he is not… (Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001) Law text · (a)
• Pub. L. 106–398, §1 [[div. A], title VI, §655(b)], substituted "who is eligible to provide" for "who elects to provide" in introductory provisions, added cls. (i) and (ii), and redesignated former cls. (i) and (ii) as (iii) and (iv), respectively. (Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001) Law text · (a)
• Pub. L. 106–398, §1 [[div. A], title VI, §655(c)(2)(A)], struck out "not to participate in the Plan" after "election under paragraph (2)(A)". (Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001) Law text · (a)
• Pub. L. 106–398, §1 [[div. A], title VI, §655(c)(2)(B)], struck out "to participate in the Plan" after "under paragraph (2)(B)". (Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001) Law text · (a)
• Pub. L. 106–398, §1 [[div. A], title X, §1087(a)(10)], struck out second comma after "October 16, 1998". (Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001) Law text · (b)
• Pub. L. 106–398, §1 [[div. A], title VI, §655(c)(3)], substituted "a person is required to make a designation under this subsection, the person" for "a person electing to participate in the Plan is required to make a designation under this subsection, the person making such election" i… (Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001) Law text · (e)

1999

• Pub. L. 106–65 substituted "after October 16, 1998," for "on or after the date of the enactment of the subparagraph". (National Defense Authorization Act for Fiscal Year 2000) Law text · (b)

1998

• Pub. L. 105–261, §643(a)(1), struck out "effective date," after "Irrevocability," in heading and "Such an election is effective as of the first day of the first calendar month following the month in which it is received by the Secretary concerned." after "section 1450(f) of this … (Strom Thurmond National Defense Authorization Act for Fiscal Year 1999) Law text · (b)
• Pub. L. 105–261, §643(a)(2), added subpar. (E). (Strom Thurmond National Defense Authorization Act for Fiscal Year 1999) Law text · (b)

1997

• Pub. L. 105–85 substituted "Plan" for "plan" in section catchline. (National Defense Authorization Act for Fiscal Year 1998) Law text

1996

• Pub. L. 104–201 amended section generally, revising and restating provisions relating to application of the Plan and inserting subsec., par., and subpar. headings. (National Defense Authorization Act for Fiscal Year 1997) Law text

1994

• Pub. L. 103–337, §1671(d)(2), substituted "12731(d)" for "1331(d)". · (a)
• Pub. L. 103–337, §638, designated existing provisions as subpar. (A) and added subpars. (B) to (E). · (b)
• Pub. L. 103–337, §1671(d)(2), substituted "12731(d)" for "1331(d)" in subpars. (A) and (B). · (f)

1989

• Pub. L. 101–189, §1407(a)(2), substituted "reserve-component retired pay" for "retired pay under chapter 67 of this title". · (a), (2)
• Pub. L. 101–189, §1407(a)(3), struck out "or retainer" after "entitled to retired". · (a)
• Pub. L. 101–189, §1407(a)(2), substituted "reserve-component retired pay" for "retired pay under chapter 67 of this title". · (f), (B)

1986

• Pub. L. 99–661, §1343(a)(8)(B), substituted "a reserve-component annuity" for "an annuity by virtue of eligibility under paragraph (1)(B)". · (a)
• Pub. L. 99–661, §641(b)(1), inserted "(A) whether the election is being made pursuant to the requirements of a court order, or (B)". · (b)
• Pub. L. 99–661, §642(a)(1), substituted "if there is no surviving spouse or if the member's surviving spouse subsequently dies" for "if the member and the member's spouse die as a result of a common accident". · (d)
• Pub. L. 99–661, §642(a)(2), substituted "if there is no surviving spouse or if the person's surviving spouse subsequently dies" for "if the person and the person's spouse die as a result of a common accident". · (f)

1985

• Pub. L. 99–145, §719(8)(A), substituted "retired pay" for "retired or retainer pay". · (a)
• Pub. L. 99–145, §721(a)(1), inserted "(with his spouse's concurrence, if required under paragraph (3))" after "unless he elects". · (a)
• Pub. L. 99–145, §719(8)(A), substituted "retired pay" for "retired or retainer pay". · (a)
• Pub. L. 99–145, §721(a)(2), amended par. (3) generally. Prior to amendment, par. (3) read as follows: · (a)
• Pub. L. 99–145, §715(a), added par. (6). · (a)
• Pub. L. 99–145, §719(3), substituted "a reserve-component annuity" for "an annuity under this paragraph by virtue of eligibility under subsection (a)(1)(B)". · (b)
• Pub. L. 99–145, §719(3), substituted "a reserve-component annuity" for "an annuity under this paragraph by virtue of eligibility under subsection (a)(1)(B)". · (b)
• Pub. L. 99–145, §716(a)(1), inserted "(other than a child who is a beneficiary under an election under paragraph (4))" after "that spouse or child" in second sentence. · (b)
• Pub. L. 99–145, §719(8)(A), substituted "retired pay" for "retired or retainer pay". · (b)
• Pub. L. 99–145, §716(a)(2), (3), added par. (4) and redesignated former par. (4) as (5). · (b), (5)
• Pub. L. 99–145, §513(b), inserted "disability" before "retired pay". · (c)
• Pub. L. 99–145, §712(a), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: "If a member of an armed force dies on active duty after he has become entitled to retired or retainer pay, or after he has qualified for that pay except that he has not applied for… · (d)
• Pub. L. 99–145, §713(a), added subsec. (f). · (f)
• Pub. L. 99–145, §715(b), added subsec. (g). · (g)

1983

• Pub. L. 98–94, §941(c)(2), substituted "provide an annuity for a former spouse under subsection (b)(2)," for "provide an annuity under subsection (b)(2) of this section," in subpars. (A) and (B). · (a)
• Pub. L. 98–94, §941(a)(1), inserted "except in accordance with subsection (b)(3)". · (a)
• Pub. L. 98–94, §941(a)(2), amended subsec. (b) generally. Prior to amendment subsec. (b) read as follows: · (b)

1982

• Pub. L. 97–295, §1(18), substituted "Plan" for "plan" in section catchline.
• Pub. L. 97–252, §1003(b)(1), inserted in subpars. (A) and (B) identical text "or elects to provide an annuity under subsection (b)(2) of this section," after "for his spouse,". · (a)
• Pub. L. 97–252, §1003(b)(2), designated existing first sentence as par. (1), authorized an election to provide an annuity to a former spouse, added pars. (2) and (4), designated existing second sentence as par. (3), and substituted "person electing to provide an annuity under paragraph… · (b)

1978

• Pub. L. 95–397, §202(a), amended subsec. (a) generally, primarily inserting provision that this subchapter shall be known as the Survivor Benefit Plan and provisions of pars. (1)(B), (2)(B) and concluding sentence, (3)(B), (4)(B), and last sentence of (5). · (a)
• Pub. L. 95–397, §202(b), substituted "entitled to retired or retainer pay" for "eligible to participate in the Plan" and inserted provisions relating to the inclusion in an election a designation under subsection (e) by persons providing an annuity under this subsection by virtue of el… · (b)
• Pub. L. 95–397, §202(c), added subsec. (e). · (e)

1976

• Pub. L. 94–496 inserted "or elects to provide an annuity for a dependent child but not for his spouse" after "maximum level". · (a)