22 U.S.C. § 4060 | Assignment and attachment of moneys

(a)

Annuities and severance pay benefits

(1)

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.

(2)

section 3727 of title 31 section 4009(b)(1) of this title Notwithstanding or any other law, a member of the Service who is entitled to receive benefits under 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.

(b)

Participants or annuitants having former spouses

(1)

(A)

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—

(i)

section 4054(a) of this title any right of the former spouse to any annuity under in connection with any retirement or disability annuity of the participant, and the amount of any such annuity;

(ii)

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

(iii)

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.

(B)

This paragraph shall not apply in the case of any spousal agreement or court order which, as determined by the Secretary of State—

(i)

section 4054(c)(3) of this title 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 ); or

(ii)

is otherwise inconsistent with the requirements of this part.

(2)

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.

(3)

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.

(4)

Any payment under this subsection to an individual bars recovery by any other individual.

(5)

section 4044(b)(6) of this title The 10-year requirement of , 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.

(c)

Applicability of other provisions of law or remedies

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.

Pub. L. 96–465, title I, § 820Oct. 17, 198094 Stat. 2120 Pub. L. 99–335, title IV, § 402(a)(2)June 6, 1986100 Stat. 609 (, , ; , , .)

Editorial Notes

Codification

section 3727 of title 31 31 U.S.C. 203 Pub. L. 97–258, § 4(b)Sept. 13, 198296 Stat. 1067 In subsec. (a)(2), “” substituted for “section 3477 of the Revised Statutes of the United States ()” on authority of , , , the first section of which enacted Title 31, Money and Finance.

Amendments

Pub. L. 99–3351986—Subsecs. (b)(1)(B)(ii), (2), (3), (5), (c). substituted “this part” for “this subchapter” wherever appearing.

Statutory Notes and Related Subsidiaries

Effective Date of 1986 Amendment

Pub. L. 99–335Jan. 1, 1987section 702(a) of Pub. L. 99–335 section 8401 of Title 5Amendment by effective , see , set out as an Effective Date note under , Government Organization and Employees.