The fact that payments may be adjusted from time to time pursuant to such plan, program, or arrangement to limit total disbursements under a predetermined formula, or to provide cost of living or similar adjustments, will not cause the periodic payments provided under such plan, program, or arrangement to fail the "substantially equal periodic payments" test.
Such term includes any retired or retainer pay of a member or former member of a uniform service computed under chapter 71 of title 10, United States Code.
1 So in original. No subsecs. (c) and (d) have been enacted.
4 U.S.C. § 114
REFERENCES IN TEXTThe Internal Revenue Code of 1986, referred to in subsec. (b)(1), (4), is classified generally to Title 26, Internal Revenue Code.Section 514 of the Employee Retirement Income Security Act of 1974, referred to in subsec. (e), is classified to section 1144 of Title 29, Labor.
AMENDMENTS2006-Subsec. (b)(1)(I). Pub. L. 109-264, §1(a)(1)-(3), inserted "(or any plan, program, or arrangement that is in writing, that provides for retirement payments in recognition of prior service to be made to a retired partner, and that is in effect immediately before retirement begins)" after "section 3121(v)(2)(C) of such Code" in introductory provisions, "which may include income described in subparagraphs (A) through (H)" after "(not less frequently than annually" in cl. (i), and concluding provisions at end.Subsec. (b)(4). Pub. L. 109-264, §1(a)(4), which directed the addition of par. (4) at end of subsec. (b)(1)(I), was executed by adding par. (4) at end of subsec. (b) to reflect the probable intent of Congress.
EFFECTIVE DATE OF 2006 AMENDMENT Pub. L. 109-264, §1(b), Aug. 3, 2006, 120 Stat. 667, provided that: "The amendments made by this section [amending this section] apply to amounts received after December 31, 1995."
EFFECTIVE DATE Pub. L. 104-95, §1(c), Jan. 10, 1996, 109 Stat. 980, provided that: "The amendments made by this section [enacting this section] shall apply to amounts received after December 31, 1995."