§2094 — Title 50 War and National Defense | U.S. Code

Summary

Most payments under this subchapter cannot be given away or taken by creditors, garnishment, or other court actions, unless another federal law says so. An exception lets a former spouse get certain annuities or a lump-sum credit when a court order or spousal agreement calls for it (these relate to sections 2032(a), 2032(b), 2032(c), and 2071(b)). A court decree of divorce, annulment, or legal separation can also direct the Director to pay some or all service-based payments to someone else. Those court-based rules only start for payment periods after the Director gets written notice and any documents the Director asks for. If one person is paid under those rules, others cannot recover the same money. A person who is due an annuity may also make allotments or assignments for purposes the Director approves.

Title 50, §2094

War and National Defense — Source: USLM XML via OLRC

(a)Except as provided in subsections (b), (c), and (e), none of the moneys mentioned in this subchapter shall be assignable either in law or equity, or be subject to execution, levy, attachment, garnishment, or other legal process, except as otherwise may be provided by Federal laws.

(b)In the case of any participant, former participant, or retired participant who has a former spouse who is covered by a court order or who is a party to a spousal agreement—

(1)any right of the former spouse to any annuity under section 2032(a) of this title in connection with any retirement or disability annuity of the participant, and the amount of any such annuity;

(2)any right of the former spouse of a participant or retired participant to a survivor annuity under section 2032(b) or 2032(c) of this title, and the amount of any such annuity; and

(3)any right of the former spouse of a former participant to any payment of a lump-sum credit under section 2071(b) of this title, and the amount of any such payment;

(c)Payments under this subchapter that would otherwise be made to a participant, former participant, or retired participant based upon that participant’s service shall be paid, in whole or in part, by the Director to another individual if and to the extent expressly provided for in the terms of any court decree of divorce, annulment, or legal separation, or the terms of any court order or court-approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation.

(d)(1)Subsections (b) and (c) apply only to payments made under this subchapter for periods beginning after the date of receipt by the Director of written notice of such decree, order, or agreement and such additional information and documentation as the Director may require.

(2)Any payment under subsection (b) or (c) to an individual bars recovery by any other individual.

(e)An individual entitled to an annuity from the fund may make allotments or assignments of amounts from such annuity for such purposes as the Director considers appropriate.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 264 of Pub. L. 88–643, as added Pub. L. 94–522, title II, § 212, Oct. 17, 1976, 90 Stat. 2471, related to recovery of payments and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496. See section 2095 of this title.

Amendments

1993—Subsec. (b)(2). Pub. L. 103–178, § 202(a)(12)(A), inserted “and” at end. Subsec. (b)(3). Pub. L. 103–178, § 202(a)(12)(B), substituted “, and the amount of any such payment;” for “and to any payment of a return of contributions under section 2054(a) of this title; and”. Subsec. (b)(4). Pub. L. 103–178, § 202(a)(12)(C), struck out par. (4) which read as follows: “any right of the former spouse of a participant or former participant to a lump-sum payment or additional annuity payable from a voluntary contribution account under section 2121 of this title;”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1993 AmendmentAmendment by Pub. L. 103–178 effective Feb. 1, 1993, see section 202(b) of Pub. L. 103–178, set out as a note under section 2001 of this title.

Effective Date

Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.

§2094 Attachment of moneys

Summary

Title 50, §2094

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata