§4060 Assignment and attachment of moneys

Summary

People who get an annuity from the Fund may give parts of it to others or set up allotments for uses the Secretary of State approves. Even if other laws, including section 3727 of title 31, say otherwise, a Service member who is entitled to benefits under section 4009(b)(1) may assign all or part of those benefits to any person. Any assignment must use a form the Secretary of the Treasury approves, and the member must file a copy of that form with the Secretary of the Treasury. If a participant or annuitant has a former spouse covered by a court order or spousal agreement, that former spouse may have rights to certain annuities or lump-sum payments (see sections 4054(a), 4054(b) or (c), and 4055(a) or (b)). The Secretary of State can refuse orders that would create a survivor annuity without an annuity (or salary) reduction or that conflict with the rules of this part (including 4054(c)(3)). Payments will be changed only for periods after the Secretary of State gets written notice and any required documents. A payment to one person stops others from seeking that same money. The 10-year rule in section 4044(b)(6) or any other part of this law does not change state-law rights a spouse or former spouse may have. Money under this part cannot be assigned or seized by legal process except as allowed above or by other Federal law.