§4060 Assignment and Attachment of Moneys

Summary

Lets people who get annuities or severance pay from the Fund make allotments or assign parts of those payments if the Secretary of State approves. A Service member who is entitled to benefits under section 4009(b)(1) may assign all or part of those benefits even though section 3727 of title 31 exists. Any assignment must use a form the Secretary of the Treasury approves, and the member must give a copy of that form to the Treasury. If a participant or annuitant has a former spouse covered by a court order or spousal agreement, that order or agreement controls the former spouse’s rights to retirement/disability annuities (section 4054(a)), survivor annuities (section 4054(b) or (c)), and lump‑sum credits (section 4055(a) or (b))—but only if the order or agreement says so clearly. The Secretary of State can reject orders that would give a survivor annuity without the required annuity reduction (or the salary reduction or payment under section 4054(c)(3)) or that conflict with these rules. Payments can be sent to another person only as a court order or legal‑separation agreement plainly directs, and only for periods after the Secretary of State gets written notice and any needed documents. Paying one person stops others from collecting the same money. The 10‑year rule in section 4044(b)(6) does not change any state‑law rights a spouse or former spouse may have. Money under this part cannot be assigned or taken by levy, attachment, garnishment, or other legal process except as allowed above or by other federal law.