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
�
