§1448a — Title 10 Armed Forces | U.S. Code

Summary

A participant in the Plan can choose to stop taking part during the one-year window that starts on the second anniversary of when their retired pay begins. If the participant is married, the spouse must agree in writing unless the participant can prove one of the conditions in section 1448(a)(3)(C) is met. The written spouse agreement must include the information the Secretary of Defense’s rules require. The limit in section 1450(f)(2) applies to this choice, and the rules in sections 1448(b)(1)(D) and 1448(b)(1)(E) also apply. The Secretary must tell any former spouse or other person previously named under section 1448(b) about the choice. The choice takes effect on the first day of the first calendar month after the Secretary gets it. Paragraphs (4)(B) and (5)(C) of section 1448(a) do not stop someone from making this choice.

Title 10, §1448a

Armed Forces — Source: USLM XML via OLRC

(a)A participant in the Plan may, subject to the provisions of this section, elect to discontinue participation in the Plan at any time during the one-year period beginning on the second anniversary of the date on which payment of retired pay to the participant commences.

(b)(1)A married participant may not (except as provided in paragraph (2)) make an election under subsection (a) without the concurrence of the participant’s spouse.

(2)A participant may make such an election without the concurrence of the participant’s spouse by establishing to the satisfaction of the Secretary concerned that one of the conditions specified in section 1448(a)(3)(C) of this title exists.

(3)The concurrence of a spouse under paragraph (1) shall be made in such written form and shall contain such information as may be required under regulations prescribed by the Secretary of Defense.

(c)The limitation set forth in section 1450(f)(2) of this title applies to an election to discontinue participation in the Plan under subsection (a).

(d)section 1448(b)(1)(D) of this title applies to an election under subsection (a).

(e)section 1448(b)(1)(E) of this title applies to an election under subsection (a).

(f)The Secretary concerned shall notify any former spouse or other natural person previously designated under section 1448(b) of this title of an election to discontinue participation under subsection (a).

(g)An election under subsection (a) is effective as of the first day of the first calendar month following the month in which the election is received by the Secretary concerned.

(h)Paragraphs (4)(B) and (5)(C) of section 1448(a) of this title do not apply to prevent an election under subsection (a).

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Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 105–85, div. A, title VI, § 641(c), Nov. 18, 1997, 111 Stat. 1799, provided that: “Section 1448a of title 10, United States Code, as added by subsection (a), shall take effect 180 days after the date of the enactment of this Act [Nov. 18, 1997].” Transition Provision for Current Participants Pub. L. 105–85, div. A, title VI, § 641(b), Nov. 18, 1997, 111 Stat. 1798, provided that: “Notwithstanding the limitation on the time for making an election under section 1448a of title 10, United States Code (as added by subsection (a)), that is specified in subsection (a) of such section, a participant in the Survivor Benefit Plan under subchapter II of chapter 73 of such title may make an election in accordance with that section within one year after the

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of that section under subsection (c) [set out as an

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note above] if the second anniversary of the commencement of payment of retired pay to the participant precedes that

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.”

§1448a Election to Discontinue Participation: One-year Opportunity After Second Anniversary of Commencement of Payment of Retired Pay

Summary

Title 10, §1448a

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Effective Date

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