Except as provided in subsections (b), (c), and (e) of this section, none of the moneys mentioned in this subchapter shall be assignable either in law or equity, or be subject to execution, levy, attachment, garnishment, or other legal process, except as otherwise may be provided by Federal laws.
(b) Payment to former spouses under court order or spousal agreement
In the case of any participant, former participant, or retired participant who has a former spouse who is covered by a court order or who is a party to a spousal agreement—
(1)any right of the former spouse to any annuity under section
2032(a) of this title in connection with any retirement or disability annuity of the participant, and the amount of any such annuity;
(2)any right of the former spouse of a participant or retired participant to a survivor annuity under section
2032(c) of this title, and the amount of any such annuity; and
(3)any right of the former spouse of a former participant to any payment of a lump-sum credit under section
2071(b) of this title, and the amount of any such payment;
shall be determined in accordance with that spousal agreement or court order, if and to the extent expressly provided for in the terms of the spousal agreement or court order that are not inconsistent with the requirements of this subchapter.
(c) Other payments under court orders
Payments under this subchapter that would otherwise be made to a participant, former participant, or retired participant based upon that participant’s service shall be paid, in whole or in part, by the Director to another individual if and to the extent expressly provided for in the terms of any court decree of divorce, annulment, or legal separation, or the terms of any court order or court-approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation.
(d) Prospective payments; bar to recovery
(1)Subsections (b) and (c) of this section apply only to payments made under this subchapter for periods beginning after the date of receipt by the Director of written notice of such decree, order, or agreement and such additional information and documentation as the Director may require.
(2)Any payment under subsection (b) or (c) of this section to an individual bars recovery by any other individual.
An individual entitled to an annuity from the fund may make allotments or assignments of amounts from such annuity for such purposes as the Director considers appropriate.
1993—Subsec. (b)(2). Pub. L. 103–178, § 202(a)(12)(A), inserted “and” at end.
Subsec. (b)(3). Pub. L. 103–178, § 202(a)(12)(B), substituted “, and the amount of any such payment;” for “and to any payment of a return of contributions under section
2054(a) of this title; and”.
Subsec. (b)(4). Pub. L. 103–178, § 202(a)(12)(C), struck out par. (4) which read as follows: “any right of the former spouse of a participant or former participant to a lump-sum payment or additional annuity payable from a voluntary contribution account under section
2121 of this title;”.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
Description of Change
Statutes at Large
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