§1455 — Title 10 Armed Forces | U.S. Code

Summary

The President must make rules to carry out this part of the law. The rules should be the same for all the uniformed services when possible. Before a member starts getting retired pay, the rules must make sure the member and the member’s spouse are told about the choices under section 1448(a) and what those choices mean. If section 1448(a)(3)(E) requires telling a former spouse, the rules must also tell that former spouse. The rules must also set how to handle deposits called for in sections 1448(g), 1450(k)(2), and 1452(d). The rules must explain how to pay annuities when a guardian or other fiduciary is appointed; when a minor, mentally incompetent, or legally disabled person has no guardian; and when a dependent child who cannot support themself has a supplemental or special needs trust under section 1917(d)(4) of the Social Security Act (42 U.S.C. 1396p(d)(4)). The rules may allow paying the guardian, a caregiver the Secretary chooses, or the special needs trust. They may require the payee to use the money only for the annuitant, allow up to 4 percent of the annuity as a fiduciary fee in certain cases, require a bond paid from the annuity, and require a record of how the money was spent. For cases without a guardian, the rules must say how to decide incompetency, how to pick a representative payee, give notice and a chance to review and add evidence, set standards for medical and other proof, and say when trust payments stop if the child dies or marries. Payments made under these rules satisfy the United States’ duty to pay.

Title 10, §1455

Armed Forces — Source: USLM XML via OLRC

(a)The President shall prescribe regulations to carry out this subchapter. Those regulations shall, so far as practicable, be uniform for the uniformed services.

(b)Regulations prescribed under this section shall provide that before the date on which a member becomes entitled to retired pay—

(1)if the member is married, the member and the member’s spouse shall be informed of the elections available under section 1448(a) of this title and the effects of such elections; and

(2)if the notification referred to in section 1448(a)(3)(E) of this title is required, any former spouse of the member shall be informed of the elections available and the effects of such elections.

(c)Regulations prescribed under this section shall establish procedures for depositing the amounts referred to in section 1448(g), 1450(k)(2), and 1452(d) of this title.

(d)(1)Regulations prescribed under this section shall provide procedures for the payment of an annuity under this subchapter in the case of—

(A)a person for whom a guardian or other fiduciary has been appointed;

(B)a minor, mentally incompetent, or otherwise legally disabled person for whom a guardian or other fiduciary has not been appointed; and

(C)a dependent child incapable of self-support because of mental or physical incapacity for whom a supplemental or special needs trust has been established under subparagraph (A) or (C) of section 1917(d)(4) of the Social Security Act (42 U.S.C. 1396p(d)(4)).

(2)The regulations under paragraph (1) may include provisions for the following:

(A)In the case of an annuitant referred to in paragraph (1)(A), payment of the annuity to the appointed guardian or other fiduciary.

(B)In the case of an annuitant referred to in paragraph (1)(B), payment of the annuity to any person who, in the judgment of the Secretary concerned, is responsible for the care of the annuitant.

(C)In the case of an annuitant referred to in paragraph (1)(C), payment of the annuity to the supplemental or special needs trust established for the annuitant.

(D)Subject to subparagraphs (E) and (F), a requirement for the payee of an annuity to spend or invest the amounts paid on behalf of the annuitant solely for benefit of the annuitant.

(E)Authority for the Secretary concerned to permit the payee to withhold from the annuity payment such amount, not in excess of 4 percent of the annuity, as the Secretary concerned considers a reasonable fee for the fiduciary services of the payee when a court appointment order provides for payment of such a fee to the payee for such services or the Secretary concerned determines that payment of a fee to such payee is necessary in order to obtain the fiduciary services of the payee.

(F)Authority for the Secretary concerned to require the payee to provide a surety bond in an amount sufficient to protect the interests of the annuitant and to pay for such bond out of the annuity.

(G)A requirement for the payee of an annuity to maintain and, upon request, to provide to the Secretary concerned an accounting of expenditures and investments of amounts paid to the payee.

(H)In the case of an annuitant referred to in paragraph (1)(B) or (1)(C)—

(i)procedures for determining incompetency and for selecting a payee to represent the annuitant for the purposes of this section, including provisions for notifying the annuitant of the actions being taken to make such a determination and to select a representative payee, an opportunity for the annuitant to review the evidence being considered, and an opportunity for the annuitant to submit additional evidence before the determination is made;

(ii)standards for determining incompetency, including standards for determining the sufficiency of medical evidence and other evidence; and

(iii)procedures for determining when annuity payments to a supplemental or special needs trust shall end based on the death or marriage of the dependent child for which the trust was established.

(I)Provisions for any other matter that the President considers appropriate in connection with the payment of an annuity in the case of a person referred to in paragraph (1).

(3)An annuity paid to a person on behalf of an annuitant in accordance with the regulations prescribed pursuant to paragraph (1) discharges the obligation of the United States for payment to the annuitant of the amount of the annuity so paid.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2014—Subsec. (d). Pub. L. 113–291, § 624(b)(1), substituted “, Fiduciaries, and Special Needs Trusts” for “and Fiduciaries” in heading. Subsec. (d)(1)(C). Pub. L. 113–291, § 624(b)(2), added subpar. (C). Subsec. (d)(2)(C). Pub. L. 113–291, § 624(b)(3)(B), added subpar. (C). Former subpar. (C) redesignated (D). Subsec. (d)(2)(D). Pub. L. 113–291, § 624(b)(3)(A), (C), redesignated subpar. (C) as (D) and substituted “subparagraphs (E) and (F)” for “subparagraphs (D) and (E)”. Subsec. (d)(2)(E) to (G). Pub. L. 113–291, § 624(b)(3)(A), redesignated subpars. (D) to (F) as (E) to (G), respectively. Former subpar. (G) redesignated (H). Subsec. (d)(2)(H). Pub. L. 113–291, § 624(b)(3)(A), (D), redesignated subpar. (G) as (H), inserted “or (1)(C)” after “(1)(B)” in introductory provisions, and added cl. (iii). Subsec. (d)(2)(I). Pub. L. 113–291, § 624(b)(3)(A), redesignated subpar. (H) as (I). Subsec. (d)(3). Pub. L. 113–291, § 624(b)(4), substituted “, fiduciary, or trust” for “or fiduciary” in heading. 1996—Pub. L. 104–201 amended section generally, revising and restating provisions relating to

Regulations

to carry out this subchapter. 1991—Subsecs. (a) to (d). Pub. L. 102–190 designated existing provisions as subsec. (a) and added subsecs. (b) to (d). 1985—Pars. (1), (2). Pub. L. 99–145 amended pars. (1) and (2) generally. Prior to amendment, pars. (1) and (2) read as follows: “(1) provide that, when the notification referred to in section 1448(a) of this title is required, the member and his spouse shall, before the date the member becomes entitled to retired or retainer pay, be informed of the elections available and the effects of such elections; and “(2) establish procedures for depositing the amounts referred to in section 1452(d) of this title.”

Statutory Notes and Related Subsidiaries

Effective Date

of 1985 AmendmentAmendment by title VII of Pub. L. 99–145 effective Mar. 1, 1986, 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 Pub. L. 99–145, set out as a note under section 1447 of this title.

§1455 Regulations