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10 U.S.C. 1451: Amount of annuity

Created in 1972 by Public Law 92-425. Changed by 23 later laws. No bill we track in this Congress changes it.

3 other sections of the Code cite this one, including 10 U.S.C. 1448, 10 U.S.C. 1450, 10 U.S.C. 1452.

This Congress

No bill we track in the 119th Congress changes this section.

    How it got here

    2019

    • Pub. L. 116–92 inserted "a portion (calculated under section 1450(c) of this title) of" before "the amount". (National Defense Authorization Act for Fiscal Year 2020) Law text · (c)

    2017

    • Pub. L. 115–91 substituted "section 1450(a)(5)" for "section 1450(a)(4)" in two places. (National Defense Authorization Act for Fiscal Year 2018) Law text · (a), (b)

    2016

    • Pub. L. 114–328, §642(a)(1), inserted "or 1448(f)" after "section 1448(d)" and "or (iii)" after "clause (ii)". (National Defense Authorization Act for Fiscal Year 2017) Law text · (c)
    • Pub. L. 114–328, §642(a)(2), substituted "section 1448(f)(1)(A) of this title by reason of the death of a member or former member not in line of duty" for "section 1448(f) of this title" and "service" for "active service". (National Defense Authorization Act for Fiscal Year 2017) Law text · (c)

    2004

    • Pub. L. 108–375, §644(a)(1)(A), substituted "the product of the base amount and the percent applicable to the month, as follows:" and subcls. (I) to (V) for "35 percent of the base amount." (Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005) Law text · (a)
    • Pub. L. 108–375, §644(a)(1)(B), struck out ", at the time the beneficiary becomes entitled to the annuity," after "subsection (e) and if". (Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005) Law text · (a)
    • Pub. L. 108–375, §644(a)(2), substituted "the percent specified under subsection (a)(1)(B)(i) as being applicable for the month" for "35 percent". (Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005) Law text · (a)
    • Pub. L. 108–375, §644(a)(3)(A), substituted "the applicable percent" for "35 percent" and inserted at end "The percent applicable for a month under the preceding sentence is the percent specified under subsection (a)(1)(B)(i) as being applicable for that month." (Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005) Law text · (c)
    • Pub. L. 108–375, §644(a)(3)(B), struck out ", at the time the beneficiary becomes entitled to the annuity," after "subsection (e) and if". (Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005) Law text · (c)
    • Pub. L. 108–375, §644(a)(4), substituted "Computation of annuity" for "35 percent annuity" in heading. (Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005) Law text · (d)

    2002

    • Pub. L. 107–314 struck out "section" before "clause (ii)". (Bob Stump National Defense Authorization Act for Fiscal Year 2003) Law text · (c)

    2001

    • Pub. L. 107–107, §642(b)(1), substituted "when he died determined as follows:" and cls. (i) to (iii) for "based upon his years of active service when he died." (National Defense Authorization Act for Fiscal Year 2002) Law text · (c)
    • Pub. L. 107–107, §642(b)(2), substituted "as determined under subparagraph (A)" for "if the member or former member had been entitled to that pay based upon his years of active service when he died". (National Defense Authorization Act for Fiscal Year 2002) Law text · (c)
    • Pub. L. 107–107, §642(c)(2), substituted "clause (ii) or (iii) of section 1448(d)(1)(A)" for "1448(d)(1)(B) or 1448(d)(1)(C)". (National Defense Authorization Act for Fiscal Year 2002) Law text · (c)

    1999

    • Pub. L. 106–65 inserted "of certain members" after "retirement" in heading. (National Defense Authorization Act for Fiscal Year 2000) Law text · (h)

    1997

    • Pub. L. 105–85 substituted "annuity.—" for "annuity—" in heading. (National Defense Authorization Act for Fiscal Year 1998) Law text · (a)

    1996

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

    1994

    • Pub. L. 103–337 substituted "section 1311(a) of title 38" for "section 411(a) of title 38". · (c)

    1989

    • Pub. L. 101–189, §1403(a), amended par. (3) generally. Prior to amendment, par. (3) read as follows: "In the case of an annuity provided by a member described in section 1448(d)(1)(C) of this title, the retired pay to which the member would have been entitled when he died shall be d… · (c)
    • Pub. L. 101–189, §1407(a)(5), inserted "by reason of the service of a person who first became a member of a uniformed service before September 8, 1980". · (c)
    • Pub. L. 101–189, §1407(a)(6), substituted "beneficiaries under the Plan" for "beneficiaries under the plan" in introductory provisions. · (e)
    • Pub. L. 101–189, §1407(a)(7), in cl. (i), substituted "was" for "is", in cl. (ii), substituted "was" for "is" in two places and "had" for "has", and in cl. (iii), substituted "would have been" for "would be" and "was" for "is". · (e)
    • Pub. L. 101–189, §1407(a)(8), struck out "(as the base amount is adjusted from time to time under section 1401a of this title)" after "base amount". · (e), (B)
    • Pub. L. 101–189, §1407(b)(1), inserted "or former spouse" after "widow or widower". · (e), (4)

    1988

    • Pub. L. 100–456 substituted "widow, widower, or former spouse" for "widow or widower" in subpar. (A), and inserted "or former spouse" after "A spouse" in subpar. (B). · (e)

    1987

    • Pub. L. 100–224, §3(a)(2), struck out "(as the base amount is adjusted from time to time under section 1401a of this title)" after "base amount". · (a), (B), (2)
    • Pub. L. 100–26 substituted "Internal Revenue Code of 1986" for "Internal Revenue Code of 1954". · (e)
    • Pub. L. 100–224, §3(a)(1), designated existing provisions of subsec. (h) as par. (3) and added pars. (1) and (2). · (h)
    • Pub. L. 100–224, §3(c), substituted "so as to be the amount equal to the amount of the annuity that would be in effect on that date if increases under subsection (h)(1) in the base amount applicable to that annuity to the time of the death of the member or former member, and increases … · (i)

    1986

    • Pub. L. 99–661, §1343(a)(8)(D), substituted "section" for "subsection" before "1401a of this title". · (a)
    • Pub. L. 99–661, §642(b)(1)(A), inserted "or is a dependent child". · (a)
    • Pub. L. 99–661, §642(b)(1)(B), inserted "(other than a dependent child)". · (a)
    • Pub. L. 99–661, §642(b)(1)(A), inserted "or is a dependent child". · (a)
    • Pub. L. 99–661, §642(b)(1)(B), inserted "(other than a dependent child)". · (a)
    • Pub. L. 99–661, §642(b)(2)(A), inserted "or is a dependent child". · (c)
    • Pub. L. 99–661, §642(b)(2)(B), inserted "(other than a dependent child)". · (c)
    • Pub. L. 99–348, §301(b), struck out "by the same total percent" after "same time" in first sentence, and inserted provision that the increase, in the case of any annuity, be by the same percent as the percent by which the retired pay of the person providing the annuity would have be… · (g)
    • Pub. L. 99–348, §301(a)(2), (c), added subsecs. (h) and (i). · (h), (i)

    1985

    • Pub. L. 99–145, §711(a), amended section generally, eliminating the social security offset to the Plan and establishing a two-tier system under which the beneficiary would receive 55 percent of retired pay before age 62 and 35 percent thereafter in recognition of the entitlement to social security …
    • Pub. L. 99–145, §711(b), repealed Pub. L. 98–525, §641(a), effective Sept. 1, 1985. See 1984 Amendment note below. · (a)

    1984

    • Pub. L. 98–525, §641(a), which substituted "is entitled" for "would be entitled" after "widow or widower" in first sentence and inserted "or to the extent that the benefit to which the beneficiary is entitled is based on the beneficiary's own earnings or self-employment" at end of s… · (a)

    1983

    • Pub. L. 98–94 added subsec. (e). · (e)

    1981

    • Pub. L. 97–22 substituted "December 1, 1980" for "the effective date of the Uniformed Services Survivor Benefits Amendments of 1980". · (a)

    1980

    • Pub. L. 96–402, §3(a), in revising subsec. (a), designated as par. (1)(A) and (B) existing first sentence containing cls. (1) and (2) and provided in subpar. (A) for adjustment of the annuity from time to time under section 1401a of this title and in subpar. (B) for a similar adjustmen… · (a)
    • Pub. L. 96–402, §3(b), substituted in first sentence "this section or under section 1448(d) of this title" for "this section, or section 1448(d) of this title, on the day before the effective day of that increase" and in second sentence "title or under" for "title, or" before "subsecti… · (c)
    • Pub. L. 96–402, §3(c), substituted reference to "subsection (a)(1)(B)" for "subsection (a)(2)". · (d)

    1978

    • Pub. L. 95–397, §204(a), (b), substituted "The monthly annuity payable to a widow, widower, or dependent child who is entitled under section 1450(a) of this title to an annuity shall be—" for "If the widow or widower is under age 62 or there is a dependent child, the monthly annuity pa… · (a)
    • Pub. L. 95–397, §204(c), substituted "The monthly annuity payable under section 1450(a)(4) of this title shall be—" for "The monthly annuity payable under section 1450(a)(4) of this title shall be 55 percent of the retired or retainer pay of the person who elected to provide that annui… · (b)
    • Pub. L. 95–397, §204(d), added subsec. (d). · (d)

    1976

    • Pub. L. 94–496 substituted "(a)(4)" for "(a)(3)". · (b)

    Text, outline and history from the official U.S. Code (2024 edition) on GovInfo, published by the Office of the Law Revision Counsel. Changes made after that edition appear under This Congress.