§4060 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

People who get an annuity from the Fund can have parts of it set aside or given to others if the Secretary of State allows it. Some members with specific benefit rights may assign any part of those benefits to anyone, but they must use a Treasury‑approved form and file a copy with the Treasury. If a participant has a former spouse covered by a court order or spousal agreement, the former spouse’s claim to a retirement annuity, survivor annuity, or a lump‑sum credit can be paid under that order or agreement. The Secretary of State may refuse orders that would give a survivor annuity without required reductions or that conflict with the rules. Payments can be redirected to another person only after the Secretary of State gets written notice and any required documents. A payment to one person prevents others from later claiming the same money. State rules about the 10‑year requirement do not change a spouse’s or former spouse’s legal rights. Fund payments may not be assigned or seized by courts except as allowed above or by federal law.

Title 22, §4060

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)(1)An individual entitled to an annuity from the Fund may make allotments or assignments of amounts from such annuity for such purposes as the Secretary of State in his or her sole discretion considers appropriate.

(2)Notwithstanding section 3727 of title 31 or any other law, a member of the Service who is entitled to receive benefits under section 4009(b)(1) of this title may assign to any person the whole or any part of those benefits. Any such assignment shall be on a form approved by the Secretary of the Treasury and a copy of such assignment form shall be deposited with the Secretary of the Treasury by the member executing the assignment.

(b)(1)(A)In the case of any participant or annuitant who has a former spouse who is covered by a court order or who is a party to a spousal agreement—

(i)any right of the former spouse to any annuity under section 4054(a) of this title in connection with any retirement or disability annuity of the participant, and the amount of any such annuity;

(ii)any right of the former spouse to a survivor annuity under section 4054(b) or (c) of this title, and the amount of any such annuity; and

(iii)any right of the former spouse to any payment of a lump-sum credit under section 4055(a) or (b) of this title;

(B)This paragraph shall not apply in the case of any spousal agreement or court order which, as determined by the Secretary of State—

(i)would provide for a survivor annuity for a spouse or any former spouse of a participant with respect to which there has not been an annuity reduction (or a salary reduction or payment under section 4054(c)(3) of this title); or

(ii)is otherwise inconsistent with the requirements of this part.

(2)Except with respect to obligations between participants and former spouses, payments under this part which would otherwise be made to a participant or annuitant based upon his or her service shall be paid (in whole or in part) by the Secretary of State to another individual to the extent expressly provided for in the terms of any order or any court decree of legal separation, or the terms of any court order or court-approved property settlement agreement incident to any court decree of legal separation.

(3)Paragraphs (1) and (2) shall apply only to payments made under this part for periods beginning after the date of receipt by the Secretary of State of written notice of such decree, order, or agreement, and such additional information and such documentation as the Secretary of State may require.

(4)Any payment under this subsection to an individual bars recovery by any other individual.

(5)The 10-year requirement of section 4044(b)(6) of this title, or any other provision of this part, shall not be construed to affect the rights any spouse or individual formerly married to a participant or annuitant may have, under any law or rule of law of any State or the District of Columbia, with respect to an annuity of a participant or annuitant under this part.

(c)None of the moneys mentioned in this part shall be assignable either in law or equity, except under subsection (a) or (b) of this section, or subject to execution, levy, attachment, garnishment, or other legal process, except as otherwise may be provided by Federal law.

Notes & Related Subsidiaries

Editorial Notes

Codification In subsec. (a)(2), “section 3727 of title 31” substituted for “section 3477 of the Revised Statutes of the United States (31 U.S.C. 203)” on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.

Amendments

1986—Subsecs. (b)(1)(B)(ii), (2), (3), (5), (c). Pub. L. 99–335 substituted “this part” for “this subchapter” wherever appearing.

Statutory Notes and Related Subsidiaries

Effective Date

of 1986 AmendmentAmendment by Pub. L. 99–335 effective Jan. 1, 1987, see section 702(a) of Pub. L. 99–335, set out as an

Effective Date

note under section 8401 of Title 5, Government Organization and Employees.

§4060 Assignment and Attachment of Moneys

Summary

Title 22, §4060

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

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