Page:United States Statutes at Large Volume 110 Part 3.djvu/834

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110 STAT. 2564 PUBLIC LAW 104-201—SEPT. 23, 1996 of appropriate jurisdiction in accordance with applicable State law; or "(ii) the person is required by a court order to make such an election. "(C) TIME LIMIT FOR REQUEST BY FORMER SPOUSE. — An election may not be deemed to have been made under subparagraph (A) in the case of any person unless the Secretary concerned receives a request from the former spouse of the person within one year of the date of the court order or filing involved. "(D) EFFECTIVE DATE OF DEEMED ELECTION.— An election deemed to have been made under subparagraph (A) shall become effective on the first day of the first month which begins after the date of the court order or filing involved. " (4) FORMER SPOUSE COVERAGE MAY BE REQUIRED BY COURT ORDER. —^A court order may require a person to elect (or to enter into an agreement to elect) under section 1448(b) of this title to provide an annuity to a former spouse (or to both a former spouse and child). "(g) LIMITATION ON CHANGING OR REVOKING ELECTIONS. — "(1) IN GENERAL.— An election under this section may not be changed or revoked. "(2) EXCEPTIONS. —Paragraph (1) does not apply to— "(A) a revocation of an election under section 1449(b) of this title; or "(B) a change in an election under subsection (f). "(h) TREATMENT OF ANNUITIES UNDER OTHER LAWS.— Except as provided in section 1451 of this title, an annuity under this section is in addition to any other payment to which a person is entitled under any other provision of law. Such annuity shall be considered as income under laws administered by the Secretary of Veterans Affairs. "(i) ANNUITIES EXEMPT FROM CERTAIN LEGAL PROCESS. —Except as provided in subsection (1)(3)(B), an annuity under this section is not assignable or subject to execution, levy, attachment, garnishment, or other legal process. " (j) EFFECTIVE DATE OF RESERVE-COMPONENT ANNUITIES. — " (1) PERSONS MAKING SECTION 1448(e) DESIGNATION. —An annuity elected by a person providing a reserve-component annuity shall be effective in accordance with the designation made by such person under section 1448(e) of this title. " (2) PERSONS DYING BEFORE MAKING SECTION 1448(e) DESIGNATION. —An annuity payable under section 1448(f) of this title shall be effective on the day after the date of the death of the person upon whose service the right to the annuity is based. "(k) ADJUSTMENT OF SPOUSE OR FORMER SPOUSE ANNUITY UPON Loss OF DEPENDENCY AND INDEMNITY COMPENSATION. — "(1) READJUSTMENT IF BENEFICIARY 55 YEARS OF AGE OR MORE. —I f a surviving spouse or former spouse whose annuity has been adjusted under subsection (c) subsequently loses entitlement to dependency and indemnity compensation under section 1311(a) of title 38 because of the remarriage of the surviving spouse, or former spouse, and if at the time of such remarriage the surviving spouse or former spouse is 55 years of age or more, the amount of the annuity of the surviving