Page:United States Statutes at Large Volume 96 Part 1.djvu/777

 PUBLIC LAW 97-252—SEPT. 8, 1982

96 STAT. 735

such court order (together with a copy of such order) to the member affected by the court order at his last known address. "(h) The Secretaries concerned shall prescribe uniform regula- Regulations. tions for the administration of this section.". (b) The table of sections at the beginning of such chapter is amended by adding at the end thereof the following new item: "1408. Payment of retired or retainer pay in compliance with court orders.". ANNUITIES UNDER THE SURVIVOR BENEFIT PLAN

SEC. 1003. (a) Section 1447 of title 10, United States Code, is amended by adding at the end thereof the following new paragraphs: "(6) 'Former spouse' means the surviving former husband or wife of a person who is eligible to participate in the Plan. "(7) 'Court' has the meaning given that term by section 1408(a)(l) of this title. "(8) 'Court order' means a court's final decree of divorce, dissolution, annulment, or legal separation, or a court ordered, ratified, or approved property settlement incident to such a decree (including a final decree modifying the terms of a previously issued decree of divorce, dissolution, annulment, or legal separation, or of a court ordered, ratified, or approved property settlement agreement incident to such previously issued decree). "(9) 'Final decree' means a decree from which no appeal may be taken or from which no appeal has been taken within the time allowed for the taking of such appeals under the laws applicable to such appeals, or a decree from which timely appeal has been taken and such appeal has been finally decided under the laws applicable to such appeals. "(10) 'Regular on its face', when used in connection with a court order, means a court order that meets the conditions prescribed in section 1408(b)(2) of this title.". (b)(1) Section 1448(a) of such title is amended— (A) in paragraph (3)(A) by inserting "or elects to provide an annuity under subsection 0)X2) of this section," after "for his spouse,"; and (B) in paragraph (3)(B) by inserting "or elects to provide an annuity under subsection (b)(2) of this section," after "for his spouse,". (2) Section 1448(b) of such title is amended to read as follows: "(b)(1) A person who is not married and does not have a dependent child when he becomes eligible to participate in the Plan may elect to provide an annuity to a natural person with an insurable interest in that person or to provide an annuity to a former spouse. "(2) A person who is married or has a dependent child may elect to provide an annuity to a former spouse instead of providing an annuity to a spouse or dependent child if the election is made in order to carry out the terms of a written agreement entered into voluntarily with the former spouse (without regard to whether such agreement is included in or approved by a court order). "(3) In the case of a person electing to provide an annuity under paragraph (1) or (2) of this subsection by virtue of eligibility under subsection (a)(l)(B), the election shall include a designation under subsection (e).

Definitions. Ante, p. 730.

Ante, p. 730. 10 USC 1448.

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