Sec. 644. ANNUITIES FOR CERTAIN MILITARY SURVIVING SPOUSES
464 words·~2 min read·
/statute-compilations/comps-10714/sec-644A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 644 ANNUITIES FOR CERTAIN MILITARY SURVIVING SPOUSES **[**[10 U.S.C. 1448 note](/us/usc/t10/s1448)**]** ###
(a)Survivor Annuity ####
(1)The Secretary concerned shall pay an annuity to the qualified surviving spouse of each member of the uniformed services who— #####
(A)became entitled to retired or retainer pay before September 21, 1972, died before March 21, 1974, and was entitled to retired or retainer pay on the date of death; or #####
(B)died before October 1, 1978, and at the time of his death would have been entitled to retired pay under chapter 67 of title 10, United States Code (as in effect before December 1, 1994), but for the fact that he was under 60 years of age. ####
(2)A qualified surviving spouse for purposes of this section is a surviving spouse who has not remarried. ###
(b)Amount of Annuity ####
(1)An annuity under this section shall be paid at the rate of $185.58 per month, as adjusted from time to time under paragraph (3). ####
(2)The amount of an annuity to which a surviving spouse is entitled under this section for any period shall be reduced (but not below zero) by any amount paid to that surviving spouse for the same period under any of the following provisions of law: #####
(A)Section 1311(a) of title 38, United States Code (relating to dependency and indemnity compensation payable by the Secretary of Veterans Affairs). #####
(B)Chapter 73 of title 10, United States Code. #####
(C)Section 4 of Public Law 92–425 (10 U.S.C. 1448 note). ####
(3)Whenever after May 1, 2002, retired or retainer pay is increased under section 1401a(b)(2) of title 10, United States Code, each annuity that is payable under this section shall be increased at the same time and by the same total percent. ###
(c)Application Required No benefit shall be paid to any person under this section unless an application for such benefit is filed with the Secretary concerned by or on behalf of such person. ###
(d)Definitions For purposes of this section: ####
(1)The terms “**uniformed services**” and “Secretary concerned” have the meanings given such terms in section 101 of title 37, United States Code. ####
(2)The term “**surviving spouse**” has the meaning given such term in paragraph
(9)of section 1447 of title 10, United States Code. ###
(e)Prospective Applicability ####
(1)Annuities under this section shall be paid for months beginning after November 1997. ####
(2)No benefit shall accrue to any person by reason of the enactment of this section for any period before December 1997. ### DIVISION A DEPARTMENT OF DEFENSE AUTHORIZATIONS * * * * * * * # TITLE VII HEALTH CARE PROVISIONS * * * * * * *
Connectionstraces to 1
Traces to 1 document
U.S. Code
1 reference not yet in our index
- Pub. L. 92-425
Citation graph
cites case law
Cites 2Cited by 0 across 0 sources