22 U.S.C. § 4060 — Assignment and attachment of moneys
submitted 46 years ago by Pub. L. 96-465 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 619 words · no verdicts yet
This section allows certain annuity and severance-benefit assignments and gives effect to specified former-spouse court orders and agreements. Other Fund money generally cannot be assigned or reached by legal process except as Federal law allows.
(a) Annuities and severance benefits. (1) A person entitled to a Fund annuity may allot or assign amounts from it for purposes the Secretary of State, in the Secretary's sole discretion, considers appropriate. (2) Despite section 3727 of title 31 and other laws, a Service member entitled to section 4009(b)(1) benefits may assign all or part of them to anyone. The assignment must use a Treasury-approved form, and the member must deposit a copy with the Treasury Secretary.
(b) Participants or annuitants with former spouses. (1)(A) For a participant or annuitant with a former spouse covered by a court order or party to a spousal agreement, the former spouse's right to, and amount of, a retirement or disability annuity under section 4054(a), a survivor annuity under section 4054(b) or (c), or a lump-sum-credit payment under section 4055(a) or (b), must be decided under the agreement or order to the extent its terms expressly provide. (B) This rule does not apply to an agreement or order that, as the Secretary determines, would provide a survivor annuity without an annuity reduction, salary reduction, or section 4054(c)(3) payment, or that otherwise conflicts with this part. (2) Except for obligations between participants and former spouses, the State Secretary must pay another person all or part of payments otherwise payable to a participant or annuitant based on service when an order, legal-separation decree, or court order or approved property-settlement agreement expressly requires it. (3) Paragraphs (1) and (2) apply only to payments for periods beginning after the Secretary receives written notice of the decree, order, or agreement and any required information and documents. (4) Payment to one person bars recovery by another. (5) The 10-year requirement in section 4044(b)(6), or another provision of this part, does not affect rights a spouse or former spouse has under State or District of Columbia law concerning a participant's or annuitant's annuity.
(c) Other law and remedies. Except under subsection (a) or (b), money covered by this part cannot be assigned in law or equity and cannot be reached through execution, levy, attachment, garnishment, or other legal process, unless Federal law provides otherwise.
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.
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.
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—
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;
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
any right of the former spouse to any payment of a lump-sum credit under section 4055(a) or (b) of this title;
shall be determined in accordance with that spousal agreement or court order, if and to the extent expressly provided for in the terms of that spousal agreement or court order.
This paragraph shall not apply in the case of any spousal agreement or court order which, as determined by the Secretary of State—
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
is otherwise inconsistent with the requirements of this part.
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.
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.
Any payment under this subsection to an individual bars recovery by any other individual.
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.
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.
Source credit: (Pub. L. 96–465, title I, § 820, Oct. 17, 1980, 94 Stat. 2120; Pub. L. 99–335, title IV, § 402(a)(2), June 6, 1986, 100 Stat. 609.)
- 1980Enacted · Pub. L. 96-465 · 94 Stat. 2120
- 1986Amended · Pub. L. 99-335 · 100 Stat. 609
A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-465 on 1980-10-17.
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