10 U.S.C. § 1447 — Definitions

In this subchapter: (1) “Plan” means the Survivor Benefit Plan created by this subchapter. (2) “Standard annuity” means an annuity available because of eligibility under section 1448(a)(1)(A). (3) “Reserve-component annuity” means an annuity available because of eligibility under section 1448(a)(1)(B). (4) “Retired pay” includes retainer pay paid under section 8330. (5) “Reserve-component retired pay” means retired pay under chapter 1223, or under former chapter 67 as it existed before the Reserve Officer Personnel Management Act took effect. (6) “Base amount” means: (A) For a person who dies after becoming entitled to retired pay, the person’s monthly retired pay, without reductions under sections 1409(b)(2) or 1415(b)(1)(B), to which the person was entitled when first eligible, or later became entitled because the person was advanced on the retired list, performed active duty, or moved from the temporary disability retired list to the permanent disability retired list. (B) For a person who would have qualified for reserve-component retired pay but died before age 60, the monthly retired pay for which the person would have qualified: (i) as if age 60 on the date of death, when the annuity is to start the day after death under a designation under section 1448(e); or (ii) upon reaching age 60, if the person had lived, when the annuity is to start on the 60th anniversary of birth under that designation. (C) A “reduced amount” is an amount below the otherwise applicable amount under (A) or (B), but at least $300, designated by the person providing the annuity, with the spouse’s agreement when section 1448(a)(3) requires it. For a standard annuity, the designation must be made by the first day of eligibility for retired pay. For a reserve-component annuity, it must be made by the end of the 90-day period after the notice under section 12731(d) that the required service years have been completed. (7) “Widow” means the surviving wife of a person. If she was not married to that person when he became eligible for retired pay, she must either have been married to him for at least one year immediately before his death or be the mother of a child born of that marriage. (8) “Widower” means the surviving husband of a person. If he was not married to that person when she became eligible for retired pay, he must either have been married to her for at least one year immediately before her death or be the father of a child born of that marriage. (9) “Surviving spouse” means a widow or widower. (10) “Former spouse” means the surviving former husband or wife of a person eligible to participate in the Plan. (11)(A) “Dependent child” means an unmarried person who is under 18; or is at least 18 but under 22 and attending full time a high school, trade school, technical or vocational institute, junior college, college, university, or comparable recognized school; or cannot support themself because of a mental or physical incapacity that existed before age 18 or arose before age 22 while the person was pursuing that full-time study or training. The person must also be the child of someone covered by the Plan, including an adopted child, or a stepchild, foster child, or recognized natural child who lived with that person in a regular parent-child relationship. (B) For this definition, a student whose 22nd birthday falls before July 1 or after August 31 while regularly studying is treated as turning 22 on the next July 1. A student does not stop being a student during a school-year break of no more than 150 days if the student satisfies the Secretary of Defense that the student genuinely intends to continue studying or training at the same or another school in the next semester or other school-year period. (C) A foster child must, when the covered person dies, live with that person, receive more than half of the child’s support from that person, and not be cared for under a social-agency contract. A temporary absence while the foster child is a qualifying student does not change the child’s residence. (12) “Court” has the meaning given in section 1408(a)(1). (13)(A) “Court order” means a court’s final divorce, dissolution, or annulment decree, or a court-ordered, ratified, or approved property settlement connected with such a decree. It includes a final decree changing an earlier divorce, dissolution, annulment, or legal-separation decree, and a related settlement agreement. (B) “Final decree” means a decree that cannot be appealed; a decree that was not appealed within the allowed time; or a decree that was timely appealed and whose appeal has been finally decided. (C) When used with a court order, “regular on its face” means an order meeting the conditions in section 1408(b)(2).