Legal corpus: U.S. Code titles 1–11 from pinned OLRC XML (11,050 sections)
Raw OLRC USLM XML zips @ release 119-100 (retrieved 2026-07-04 via Atlas depot), ingested with the standard pipeline: raw snapshot -> per-section OKF markdown -> manifest + checksums. Title 52 untouched. LegalText: 171 -> 11,221. Titles 12-54 await a clean OLRC retry. Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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type: "LegalText"
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title: "10 U.S.C. § 1431"
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description: "Election of annuity: members of armed forces"
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jurisdiction: "us"
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corpus: "united_states_code"
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kind: "code_section"
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title_number: 10
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title_name: "ARMED FORCES"
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chapter_number: "73"
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chapter_name: "ANNUITIES BASED ON RETIRED OR RETAINER PAY"
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section: "1431"
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citation: "10 U.S.C. § 1431"
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status: "current"
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release_date: "2026-06-26"
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tags: ["legal", "us-code"]
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---
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# 10 U.S.C. § 1431 - Election of annuity: members of armed forces
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## Text
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(a) This section applies to all members of the armed forces except—
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(1) members whose names are on a retired list other than a list maintained under section 12774(a) of this title;
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(2) cadets at the United States Military Academy, the United States Air Force Academy, or the Coast Guard Academy; and
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(3) midshipmen.
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(b) To provide an annuity under section 1434 of this title, a person covered by subsection (a) may elect to receive a reduced amount of the retired pay or retainer pay to which he may become entitled as a result of service in his armed force. Except as otherwise provided in this section, unless it is made before he completes nineteen years of service for which he is entitled to credit in the computation of his basic pay, the election must be made at least two years before the first day for which retired pay or retainer pay is granted. However, if, because of military operations, a member is assigned to an isolated station or is missing, interned in a neutral country, captured by a hostile force, or beleaguered or besieged, and for that reason is unable to make an election before completing nineteen years of that service, he may make the election, to become effective immediately, within one year after he ceases to be assigned to that station or returns to the jurisdiction of his armed force, as the case may be. A member to whom retired pay or retainer pay is granted retroactively, and who is otherwise eligible to make an election, may make the election within ninety days after receiving notice that such pay has been granted to him. An election made after August 13, 1968, is not effective if—
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(1) the elector dies during the first thirty-day period he is entitled to retired pay as a result of a physical condition which led to his being granted retired pay under chapter 61 of title 10 with a disability of 100 per centum under the standard schedule of rating disabilities in use by the Department of Veterans Affairs at the time of the determination of the per centum of his disability;
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(2) the disability was not the result of injury or disease received in line of duty as a direct result of armed conflict; and
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(3) his surviving spouse or children are entitled to dependency and indemnity compensation under chapter 13 of title 38 based upon his death.
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(c) An election may be changed or revoked by the elector before the first day for which retired or retainer pay is granted. Unless it is made on the basis of restored mental competency under section 1433 of this title, or unless it is made before the elector completes nineteen years of service for which he is entitled to credit in the computation of his basic pay (in which case only the latest change or revocation shall be effective), the change or revocation is not effective if it is made less than two years before the first day for which retired or retainer pay is granted. The elector may, however, before the first day for which retired or retainer pay is granted, change or revoke his election (provided the change does not increase the amount of the annuity elected) to reflect a change in the marital or dependency status of the member or his family that is caused by death, divorce, annulment, remarriage, or acquisition of a child, if such change or revocation of election is made within two years of such change in marital or dependency status.
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(d) If an election made under this section is found to be void for any reason except fraud or willful intent of the member making the election, he may make a corrected election at any time within 90 days after he is notified in writing that the election is void. A corrected election made under this subsection is effective as of the date of the voided election it replaces.
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(Aug. 10, 1956, ch. 1041, 70A Stat. 108; Pub. L. 85–861, § 33(a)(11), Sept. 2, 1958, 72 Stat. 1565; Pub. L. 87–381, § 2, Oct. 4, 1961, 75 Stat. 810; Pub. L. 90–485, § 1(1), (2), Aug. 13, 1968, 82 Stat. 751; Pub. L. 96–513, title V, § 511(55), Dec. 12, 1980, 94 Stat. 2925; Pub. L. 99–145, title XIII, § 1301(a)(2), Nov. 8, 1985, 99 Stat. 735; Pub. L. 101–189, div. A, title XVI, § 1621(a)(1), Nov. 29, 1989, 103 Stat. 1602; Pub. L. 104–106, div. A, title XV, § 1501(c)(17), Feb. 10, 1996, 110 Stat. 499.)
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## Notes
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Historical and Revision Notes 1956 Act Revised sectionSource (U.S. Code)Source (Statutes at Large) 1431(a) 1431(b)37:371 (less (e) and (f)).37:372(a) (2d sentence).37:372(a) (less 2d, 5th, 6th, and last sentences).37:372(b) (less last sentence).Aug. 8, 1953, ch. 393, §§ 2 (less (e) and (f)), 3(a) (less 5th sentence), (b), 67 Stat. 501, 502; Apr. 29, 1954, ch. 176, 68 Stat. 64. 1431(c)37:372(a) (6th and last sentences). 1431(d)37:372(b) (last sentence). In subsection (a), the language of the revised subsection is substituted for 37:371(b) and (c), to make clear that the section was intended to include enlisted members and members of the Army, or the Air Force, without component. The words “the United States Air Force Academy” are inserted to reflect its establishment by the Air Force Academy Act (68 Stat. 47). The words “retirement pay” are omitted as covered by the words “retired pay”. The words “equivalent pay” are omitted as surplusage. 37:371(c) (less 1st 21 words) is omitted as executed, since the persons described must have completed 18 years of the required service on the effective date of the source statute and exercised the option by 180 days after that date. 37:371(a) is omitted, since the revised chapter applies only to the armed forces. 37:371(d) is omitted, since the words “person entitled to retired or retainer pay”, or their equivalent, are used throughout the revised chapter. 37:371(g) is omitted, since the words “retired or retainer pay” are used throughout the revised chapter. 37:371(h) is omitted as unnecessary in view of the definitions contained in section 101(5), (7), and (8). 37:372(a) (2d sentence) is omitted as surplusage. In subsection (b), 37:372(a) (last 28 words of 1st sentence) is omitted as covered by section 1434 of this title. The words “or naval” are omitted as covered by the word “military”. The last sentence is substituted for 37:372(a) (4th sentence, less 61st through 81st words). 37:372(a) (3d sentence, and 61st through 85th words of 4th sentence) and 37:372(b) (less last sentence) are omitted as executed. In subsection (c), the words “is retired or becomes entitled to retired or retainer pay” are substituted for the words “his retirement” and “he retires” since, under sections 1331–1333 of this title, a person may be granted retired pay without having been retired. The last eight words are substituted for 37:372(a) (7th through 17th words of last sentence). 37:372(a) (last sentence, less 1st 17 words) is omitted as surplusage.
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1958 ActThe change makes clear that section 1431 applies to a person who, because of military operations, is missing under any circumstances.
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Editorial Notes
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Amendments1996—Subsec. (a)(1). Pub. L. 104–106 substituted “section 12774(a)” for “section 1376(a)”. 1989—Subsec. (b)(1). Pub. L. 101–189 substituted “Department of Veterans Affairs” for “Veterans’ Administration”. 1985—Subsec. (b)(3). Pub. L. 99–145 substituted “surviving spouse” for “widow”. 1980—Subsec. (b). Pub. L. 96–513 substituted “August 13, 1968,” for “the date of enactment of this amendment”. 1968—Subsec. (b). Pub. L. 90–485, § 1(1), increased from eighteen to nineteen the number of years of service the annuitant must complete, decreased from three to two years before eligibility the time required to make an election, and inserted provisions that an election made after Aug. 13, 1968 will not be effective if the conditions of cls. (1) to (3) are satisfied. Subsec. (c). Pub. L. 90–485, § 1(2), decreased from three to two years before the first day for which retired or retainer pay is granted the time required to change or revoke an election when the ground of restored mental competency is not present, inserted provision that any change or revocation in an election after the completion of 19 years of service is effective if made before the first day for which retired or retainer pay is granted, and provided for a change or revocation in an election before the first day for which retired or retainer pay is granted when there is a change in marital or dependency status, if such change or revocation of election is made within two years of such change in marital or dependency status. 1961—Subsec. (a). Pub. L. 87–381 substituted “other than a list maintained under section 1376(a) of this title” for “or who are in the Retired Reserve”, redesignated pars. (4) and (5) as (2) and (3), and struck out former pars. (2) and (3) which related to reserves on an inactive status list, and members assigned to the inactive National Guard, respectively. Subsec. (b). Pub. L. 87–381 required that unless the election is made before 18 years of service, it must be made at least three years before the first day for which retired or retainer pay is granted, inserted assignment to an isolated station among the reasons permitting a delayed election, changed the period within which to make such delayed election from within six months after return to the jurisdiction of his armed force, to within one year after he ceases to be assigned to the isolated station or his return to the jurisdiction of his armed force, and if the member is retroactively granted retired or retainer pay, and is eligible for an election, he may elect within 90 days after notice of such grant. Subsec. (c). Pub. L. 87–381 substituted “the first day for which retired or retainer pay is granted” for “his retirement or before he becomes entitled to retired or retainer pay”, the requirement that the change or revocation is not effective if made less than 3 years before the first day for which retired or retainer pay is granted, for a required period of five years after change or revocation before retirement or becoming entitled to retired or retainer pay, and deleted “If he revokes the election, he may not change or withdraw the revocation.” Subsec. (d). Pub. L. 87–381 substituted permission to make a corrected election within 90 days after notice that the election is void for any reason, except fraud or willful intent of the member making election, with such election effective as of the date of the election it replaces, for provisions which denied the ability to revoke any election by a person retired or granted retired or retainer pay before Nov. 1, 1953, and who elected within 180 days after that date to receive reduced pay to provide for an annuity. 1958—Subsec. (b). Pub. L. 85–861 struck out “in action” after “he is missing”.
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Statutory Notes and Related Subsidiaries
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Effective Date of 1996 AmendmentPub. L. 104–106, div. A, title XV, § 1501(c), Feb. 10, 1996, 110 Stat. 498, provided that the amendment made by that section is effective as of Dec. 1, 1994, and as if included as an amendment made by the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as originally enacted.
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Effective Date of 1980 AmendmentAmendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.
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Effective Date of 1968 AmendmentPub. L. 90–485, § 6, Aug. 13, 1968, 82 Stat. 754, provided in part that: “Clause (1) and clause (6) of section 1 [amending this section and section 1436 of this title], and sections 2, 3, and 4 of this Act [amending section 1331 [now 12731] of this title and enacting material set out as notes under this section] are effective on the date of enactment [Aug. 13, 1968]. Remaining provisions of this Act [amending this section and sections 1434, 1435, 1437, and 1446 of this title, and enacting provisions set out as a note under this section] are effective on the first day of the third calendar month following the date of enactment.”
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Effective Date of 1958 AmendmentAmendment by Pub. L. 85–861 effective Aug. 10, 1956, see section 33(g) of Pub. L. 85–861, set out as a note under section 101 of this title.
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Short Title of 1978 AmendmentSection 1 of Pub. L. 95–397, Sept. 30, 1978, 92 Stat. 843, provided: “That this Act [amending sections 1076, 1331 [now 12731], 1434, and 1447 to 1452 of this title and enacting provisions set out as notes under sections 1076, 1434, 1447, and 1448 of this title] may be cited as the ‘Uniformed Services Survivors’ Benefits Amendments of 1978’.”
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Transfer of Functions For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
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Provisions Effective for Certain Members on August 13, 1968Pub. L. 90–485, § 3, Aug. 13, 1968, 82 Stat. 754, provided that: “For members to whom section 1431 of title 10, United States Code [this section], applies on the date of enactment of this Act [Aug. 13, 1968], the provisions of section 1434(c) of that title, as amended by this Act [section 1(3) of Pub. L. 90–485] are effective immediately and automatically”.
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Election of Annuity Made Prior to August 13, 1968Pub. L. 90–485, § 4, Aug. 13, 1968, 82 Stat. 754, provided that: “A retired member who elected an annuity under chapter 73 of title 10, United States Code [this chapter], before the date of enactment of this Act [Aug. 13, 1968], but did not make the election that was then provided by section 1434(c) of that title, may, before the first day of the thirteenth calendar month beginning after the date of enactment of this Act, make that election. That election becomes effective on the first day of the month following the month in which the election is made. Under regulations prescribed under section 1444(a) of this title, on or before the effective date the retired member must pay the total additional amount that would otherwise have been deducted from his retired or retainer pay to reflect such an election, had it been effective when he retired, plus the interest which would have accrued on that additional amount up to the effective date, except that if an undue hardship or financial burden would otherwise result payment may be made in from two to twelve monthly installments when the monthly amounts involved are $25, or less, or in from two to thirty-six monthly installments when the monthly amounts involved exceed $25. No amounts by which a member’s retired or retainer pay was reduced may be refunded to, or credited on behalf of, the retired member by virtue of an application made by him under this section. A retired member described in the first sentence of this section, who does not make the election provided under this section, will not be allowed under section 1436(b) of title 10, to reduce an annuity or withdraw from participation in an annuity program under that title.”
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Elections Subject to Cost Tables Applicable on Date of Retirement; Annuities Payable to Beneficiaries Eligible Under Law in Effect the Day Prior to August 13, 1968Pub. L. 90–485, § 5, Aug. 13, 1968, 82 Stat. 754, provided, effective on the first day of the third calendar month following Aug. 13, 1968, that: “Notwithstanding any other provision of this Act [see Effective Date of 1968 Amendment note set out above], elections in effect on the date of enactment [Aug. 13, 1968] will remain under the cost tables applicable on the date of retirement, and the annuities provided thereunder shall be payable to those eligible beneficiaries prescribed under the law in effect on the day prior to the date of enactment of this Act.”
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Applicability of Provisions in Effect on the Day Prior to August 13, 1968Pub. L. 90–485, § 6, Aug. 13, 1968, 82 Stat. 754, provided in part that: “Notwithstanding any other provision of this Act [see Effective Date of 1968 Amendment note set out above], any member to whom section 1431 of title 10, United States Code [this section], applies on the date of enactment of this Act [Aug. 13, 1968] may, before the first day of the thirteenth calendar month beginning after the date of enactment of this Act, submit a written application to the Secretary concerned requesting that an election or a change or revocation of election made by such member prior to the date of enactment of this Act shall continue to be governed by the provisions of section 1431(b) or (c) of title 10, United States Code [subsec. (b) or (c) of this section] as in effect on the day before the date of enactment of this Act.”
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Interim Authority for Selection of Commanders and Captains for Continuation on Active DutyPub. L. 88–130, § 3(q), Sept. 24, 1963, 77 Stat. 192, rendered election, change, or revocation of election under this section effective if made prior to the convening date of the board which considers Coast Guard commanders and captains for continuation.
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Change or Revocation of an Election Filed Prior to October 4, 1961Pub. L. 87–381, § 7, Oct. 4, 1961, 75 Stat. 812, provided that: “Any person who, before the date of enactment of this Act [Oct. 4, 1961], has filed a change or revocation, subject to section 1431(c) of title 10, United States Code [subsec. (c) of this section], of an election made under section 1431(b) of that title [subsec. (b) of this section], which change or revocation would be ineffective if the first day for which retired or retainer pay is granted were to be the date of enactment of this Act [Oct. 4, 1961], shall have that change or revocation become effective on that date, or three years after the date upon which it was filed, whichever is later.”
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Provisions Applicable to Certain Persons Retiring After October 4, 1961, for DisabilityPub. L. 87–381, § 8, Oct. 4, 1961, 75 Stat. 812, provided that: “Any person who—“(1) made an election before the date of enactment of this Act [Oct. 4, 1961], which would be effective if he retired on the day before such date; and “(2) hereafter retires for physical disability before completing 18 years of service for which he is entitled to credit in the computation of his basic pay— shall be considered as having applicable to him all of the provisions of chapter 73 of title 10, United States Code [this chapter], existing on the date preceding the date of enactment of this Act [Oct. 4, 1961], except that any revocation or change of an election is not effective until three years after the date of filing such revocation or change, or the date of enactment of this Act [Oct. 4, 1961], whichever is later.”
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Change or Revocation of Election by Certain Colonels and Lieutenant ColonelsPub. L. 86–616, § 11, July 12, 1960, 74 Stat. 396, provided that: “Notwithstanding section 1431 of title 10, United States Code [this section], a change or revocation of an election made under that section by an officer who is retired under section 10 of this Act [set out as a note under section 3297 of this title] is effective if made at such a time that it would have been effective had he been retired on the earliest date prescribed for an officer of his kind by section 3916, 3921, 8916, or 8921 of title 10, as appropriate.”
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Change or Revocation of Election by Certain Officers of Regular Navy and Regular Marine CorpsPub. L. 86–616, § 13, July 12, 1960, 74 Stat. 396, provided that: “An officer who has been considered but not recommended for continuation on the active list under section 1 of the Act of August 11, 1959. Public Law 86–155 (73 Stat. 333) [set out as a note under section 5701 of this title], and who retired or retires voluntarily before the second day of the month following the month in which this Act is enacted [July 1960], may, within six months following the enactment of this Act [July 12, 1960], affirm a change or revocation of an election made under section 1431 of title 10, United States Code [this section], before his retirement, if the change or revocation would have been effective under section 3 of the Act of August 11, 1959, Public Law 86–155, as amended by this Act [set out as a note under section 5701 of this title], but for his voluntary retirement. If an officer takes no action under this section, his currently valid election under section 1431 of title 10, United States Code [this section], shall remain unchanged. The computation of the revised reduction in retired pay in the case of an officer who affirms a change of election under this section shall be in accordance with section 1436 of title 10, United States Code, and according to the conditions that existed on the day the officer became eligible for retired pay. An affirmation or revocation made under this section is effective on the first day of the month in which made. No refund may be made and no additional payment may be required with respect to any period before that date.”
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Election of Annuity by Certain PersonnelPub. L. 86–197, § 4, Aug. 25, 1959, 73 Stat. 426, provided that: “Any person who, on the effective date of this Act [August 25, 1959], would not have completed 18 years of service for which he is entitled to credit in the computation of his basic pay under the laws in effect prior to the effective date of this Act, and who, as a result of the enactment of this Act [amending sections 1332 [now 12732], 3683, 3926, 6324, 8683 and 8926 of this title, and enacting provisions set out as notes under sections 3441 and 12732 of this title], is credited with more than 17 years of such service, shall be allowed twelve months from the effective date of this Act to make the election provided by section 1431(b) of title 10, United States Code [subsection (b) of this section], notwithstanding the requirement of the second sentence of that section.”
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Change or Revocation of Election by Certain OfficersEffective date of change or revocation of election by certain officers, see section 3 of Pub. L. 86–155, Aug. 11, 1959, 73 Stat. 336, set out as a note under section 5701 of this title.
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Public Health ServiceAuthority vested by this chapter in “military departments”, “the Secretary concerned”, or “the Secretary of Defense” to be exercised, with respect to commissioned officers of Public Health Service, by Secretary of Health and Human Services or his designee, see section 213a of Title 42, The Public Health and Welfare.
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National Oceanic and Atmospheric AdministrationAuthority vested by this chapter in “military departments”, “the Secretary concerned”, or “the Secretary of Defense” to be exercised, with respect to commissioned officer corps of National Oceanic and Atmospheric Administration, by Secretary of Commerce or Secretary’s designee, see section 3071 of Title 33, Navigation and Navigable Waters.
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---
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type: "LegalText"
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title: "10 U.S.C. § 1432"
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description: "Election of annuity: former members of armed forces"
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corpus: "united_states_code"
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kind: "code_section"
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title_number: 10
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title_name: "ARMED FORCES"
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chapter_number: "73"
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chapter_name: "ANNUITIES BASED ON RETIRED OR RETAINER PAY"
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section: "1432"
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citation: "10 U.S.C. § 1432"
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status: "current"
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release_point: "119-100"
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release_date: "2026-06-26"
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source: "official"
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source_identifier: "/us/usc/t10/s1432"
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source_hash: "cf00677004b33c24b5a141b132aad732f1e38ffc3cb5438d85985c904c1d334b"
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raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
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text_hash: "bda17fd67fb46e62c9435b41581edaa1d1f8f63c747575e5090eff280a961f54"
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retrieved_at: "2026-07-04"
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confidence: "official"
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tags: ["legal", "us-code"]
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---
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# 10 U.S.C. § 1432 - Election of annuity: former members of armed forces
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## Text
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A person who was a former member of an armed force on November 1, 1953, and who is granted retired or retainer pay after that date, may, at the time he is granted that pay, make an election as provided in section 1431 of this title.
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(Aug. 10, 1956, ch. 1041, 70A Stat. 109.)
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## Notes
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Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 143237:372(a) (5th sentence).Aug. 8, 1953, ch. 393, § 3(a) (5th sentence), 67 Stat. 502.
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@@ -0,0 +1,43 @@
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---
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type: "LegalText"
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title: "10 U.S.C. § 1433"
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description: "Mental incompetency of member"
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jurisdiction: "us"
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corpus: "united_states_code"
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kind: "code_section"
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title_number: 10
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title_name: "ARMED FORCES"
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chapter_number: "73"
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chapter_name: "ANNUITIES BASED ON RETIRED OR RETAINER PAY"
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section: "1433"
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citation: "10 U.S.C. § 1433"
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status: "current"
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release_point: "119-100"
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release_date: "2026-06-26"
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source: "official"
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source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
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source_identifier: "/us/usc/t10/s1433"
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source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "68041f38b3784e064e70089d40b4e4684cac810f1f08e2e4397200a5cbe5bc2f"
|
||||
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|
||||
text_hash: "2c2c87eef05e6aef4027e2995d1016194eaba537cb58727632653a8d2aa946ad"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1433 - Mental incompetency of member
|
||||
|
||||
## Text
|
||||
|
||||
If a person who would be entitled to make an election under section 1431 or 1432 of this title is determined to be mentally incompetent by medical officers of the armed force concerned or of the Department of Veterans Affairs, or by a court of competent jurisdiction, and for that reason cannot make the election within the prescribed time, the Secretary concerned may make an election for that person upon the request of his spouse or, if there is no spouse, of his children who would be eligible to be made beneficiaries under section 1435 of this title. If the person for whom the Secretary has made an election is later determined to be mentally competent by medical officers of the Department of Veterans Affairs or by a court of competent jurisdiction, he may, within 180 days after that determination, change or revoke that election. However, deductions made from his retired or retainer pay before that date may not be refunded.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 109; Pub. L. 101–189, div. A, title XVI, § 1621(a)(1), Nov. 29, 1989, 103 Stat. 1602.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 143337:372 (less (a) and (b)).Aug. 8, 1953, ch. 393, § 3 (less (a) and (b)), 67 Stat. 502. The first 19 words are substituted for 37:372(c) (1st 9 words). The words “who would be eligible to be made beneficiaries under section 1435 of this title” are inserted to reflect the limitations in 37:371(f). The words “for that reason cannot” are substituted for the words “because of such mental incompetency is incapable of”. The words “or is adjudged mentally incompetent”, “provided for in this section”, and “where appropriate is subsequently adjudged mentally competent” are omitted as surplusage. The last sentence is substituted for 37:372(c) (last sentence).
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1989—Pub. L. 101–189 substituted “Department of Veterans Affairs” for “Veterans’ Administration” in two places.
|
||||
@@ -0,0 +1,69 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 1434"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
chapter_number: "73"
|
||||
chapter_name: "ANNUITIES BASED ON RETIRED OR RETAINER PAY"
|
||||
section: "1434"
|
||||
citation: "10 U.S.C. § 1434"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
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|
||||
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|
||||
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|
||||
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||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1434 - Kinds of annuities that may be elected
|
||||
|
||||
## Text
|
||||
|
||||
(a) The annuity that a person is entitled to elect under section 1431 or 1432 of this title shall, in conformance with actuarial tables selected by the Board of Actuaries under section 1436(a) of this title, be the amount specified by the elector at the time of the election, but not more than 50 percent nor less than 12½ percent of his retired or retainer pay, in no case less than $25. He may make the annuity payable—
|
||||
|
||||
(1) to, or on behalf of, the surviving spouse, ending when the spouse dies or, if the spouse remarries before age 60, when the spouse remarries;
|
||||
|
||||
(2) in equal shares to, or on behalf of, the surviving children eligible for the annuity at the time each payment is due, ending when there is no surviving eligible child; or
|
||||
|
||||
(3) to, or on behalf of, the surviving spouse, and after the death of that spouse or the remarriage of that spouse before age 60, in equal shares to, or on behalf of, the surviving eligible children, ending when there is no surviving eligible child.
|
||||
|
||||
(b) A person may elect to provide both the annuity provided in clause (1) of subsection (a) and that provided in clause (2) of subsection (a), but the combined amount of the annuities may not be more than 50 percent nor less than 12½ percent of his retired or retainer pay but in no case less than $25.
|
||||
|
||||
(c) An election of any annuity under clause (1) or (2) of subsection (a), or any combination of annuities under subsection (b), shall provide that no deduction may be made from the elector’s retired or retainer pay after the last day of the month in which there is no beneficiary who would be eligible for the annuity if the elector died. For the purposes of the preceding sentence, a child (other than a child who is incapable of supporting himself because of a mental defect or physical incapacity existing before his eighteenth birthday) who is at least eighteen, but under twenty-three years of age, and who is not pursuing a course of study or training defined in section 1435 of this title, shall be considered an eligible beneficiary unless the Secretary concerned approves an application submitted by the member under section 1436(b)(4) of this title. An election of an annuity under clause (3) of subsection (a) shall provide that no deduction may be made from the elector’s retired or retainer pay after the last day of the month in which there is no eligible spouse because of death or divorce.
|
||||
|
||||
(d) Under regulations prescribed under section 1444(a) of this title, a person may, before or after the first day for which retired or retainer pay is granted, provided for allocating, during the period of the surviving spouse’s eligibility, a part of the annuity under subsection (a)(3) for payment to those of his surviving children who are not children of that spouse.
|
||||
|
||||
(e) Whenever there is an increase in retired and retainer pay under section 1401a of this title, each annuity that is payable under this subchapter on the day before the effective date of that increase to a spouse or child of a member who died on or before March 20, 1974, shall be increased by the same percentage as the percentage of that increase, effective on the effective date of that increase.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 109; Pub. L. 87–381, § 3, Oct. 4, 1961, 75 Stat. 811; Pub. L. 90–485, § 1(3), Aug. 13, 1968, 82 Stat. 751; Pub. L. 95–397, title I, § 101(a), Sept. 30, 1978, 92 Stat. 843; Pub. L. 96–513, title V, § 511(56), Dec. 12, 1980, 94 Stat. 2925.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 1434(a)1434(b)1434(c)37:373(a) (less 4th par.).37:373(b).37:373(a)(4th par.).Aug. 8, 1953, ch. 393, § 4 (less (c) and (d)), 67 Stat. 502. In subsection (a), the first 17 words are substituted for 37:373(a) (1st 26 words of 1st sentence). The words “may be 50, 25, or 12½ percent” are substituted for the words “in such amount, expressed as a percentage of the reduced amount of his retired pay * * * in amounts equal to one-half, one-quarter or one-eighth”. 37:373(a) (last 53 words of 1st sentence of 2d par., and last 53 words of 1st sentence of 3d par.) is omitted as covered by section 1435(2) of this title. Clause (1) is substituted for 37:373(a)(1). Clause (2) is substituted for 37:373(a)(2) (less last 53 words of 1st sentence). Clause (3) is substituted for 37:373(a)(3) (less last 53 words of 1st sentence). The word “eligible” is inserted in clauses (2) and (3) to reflect the limitations in 37:371(f). In subsection (c), the first 11 words are substituted for 37:373(a)(4) (1st 24 words). The words “the annuity” are substituted for the words “an annuity payable under the election made by him”.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1980—Subsecs. (a), (b). Pub. L. 96–513 substituted “percent” for “per centum” wherever appearing. 1978—Subsec. (a)(1). Pub. L. 95–397, § 101(a)(1), substituted “or, if the spouse remarries before age 60, when the spouse remarries” for “or remarries”. Subsec. (a)(3). Pub. L. 95–397, § 101(a)(2), substituted “of that spouse or the remarriage of that spouse before age 60” for “or remarriage of that spouse”. Subsec. (e). Pub. L. 95–397, § 101(a)(3), added subsec. (e). 1968—Subsec. (a). Pub. L. 90–485 substituted provisions allowing election of an annuity amount, in conformance with the selected actuarial tables, of not more than 50 percent nor less than 12½ percent of retired or retired or retainer pay, but in no case less than $25, for provisions allowing election of an annuity amount of 50, 25, or 12½ percent of reduced retired or retainer pay. Subsec. (b). Pub. L. 90–485 substituted provisions that the combined amount of annuities may not be more than 50 percent nor less than 12½ percent of retired or retainer pay, but in no case less than $25, for provisions that the combined amount of annuities may be only 25 or 12½ percent of reduced retired or retainer pay and provisions that the reduction in retired or retainer pay on account of each annuity, and the amount of each annuity, be determined in the same manner that it would be determined if the other annuity had not been elected. Subsec. (c). Pub. L. 90–485 made mandatory the provisions that an election of any annuity under cls. (1) or (2) of subsec. (a), or any combination of annuities under subsec. (b), and the provision that an election of an annuity under cl. (3) of subsec. (a) shall provide that no deduction may be made from the elector’s retired or retainer pay after the last day of the month in which there is no beneficiary who would be eligible for the annuity if the elector died or there is no eligible spouse because of death or divorce, respectively, and inserted provision determining what constitutes an eligible beneficiary. Subsec. (d). Pub. L. 90–485 reenacted subsec. (d) without change. 1961—Subsec. (b). Pub. L. 87–381, § 3(1), substituted permission to elect only 25 or 12½ percent of the member’s reduced retired or retainer pay for each annuity for provisions limiting the combined amount of the annuities to not more than 50 percent or the reduced pay, and added that the reduction in pay on account of each annuity, and the amount of each annuity, shall be determined as if the other annuity had not been elected. Subsec. (d). Pub. L. 87–381, § 3(2), added subsec. (d).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1980 AmendmentAmendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.
|
||||
|
||||
Effective Date of 1978 AmendmentPub. L. 95–397, title I, § 101(b), Sept. 30, 1978, 92 Stat. 843, provided that: “No benefits shall accrue to any person by virtue of the amendments made by subsection (a) [amending this section] for any period prior to the first day of the first calendar month following the month in which this Act is enacted [Sept. 1978] or October 1, 1978, whichever is later.”
|
||||
|
||||
Effective Date of 1968 AmendmentFor effective date of amendment by Pub. L. 90–485, see section 6 of Pub. L. 90–485, set out as a note under section 1431 of this title.
|
||||
|
||||
Increase in Amount of Annuity Payable Under Retired Serviceman’s Family Protection PlanPub. L. 95–397, title I, § 102, Sept. 30, 1978, 92 Stat. 843, provided that: “Each annuity that is payable under subchapter I of chapter 73 of title 10, United States Code, on the day before the date of the enactment of this Act [Sept. 30, 1978] to a spouse or child of a member of the uniformed services who died on or before March 20, 1974, shall be increased effective as of the first day of the first calendar month following the month in which this Act [See Short Title note set out under section 1431 of this title] is enacted [September 1978], or as of October 1, 1978, whichever is later, by the percentage increase in retired and retainer pay under section 1401a of that title since September 21, 1972.”
|
||||
|
||||
Provisions Effective for Certain Members on August 13, 1968Provisions of this section as amended by Pub. L. 90–485 effective immediately and automatically for members to whom section 1431 of this title applies on Aug. 13, 1968, see section 3 of Pub. L. 90–485, set out as a note under section 1431 of this title.
|
||||
@@ -0,0 +1,63 @@
|
||||
---
|
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type: "LegalText"
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
section: "1435"
|
||||
citation: "10 U.S.C. § 1435"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1435 - Eligible beneficiaries
|
||||
|
||||
## Text
|
||||
|
||||
Only the following persons are eligible to be made the beneficiaries of, or to receive payments under, an annuity elected under this subchapter by a member of the armed forces:
|
||||
|
||||
(1) The spouse of the member on the date when the member is retired or becomes entitled to retired or retainer pay or, if the member was already retired or entitled to retired or retainer pay on November 1, 1953, the spouse on that date.
|
||||
|
||||
(2) The children of the member who are—
|
||||
|
||||
(A) unmarried;
|
||||
|
||||
(B) under eighteen years of age, or incapable of supporting themselves because of a mental defect or physical incapacity existing before their eighteenth birthday, or at least eighteen, but under twenty-three, years of age and pursuing a full-time course of study or training in a high school, trade school, technical or vocational institute, junior college, college, university, or comparable recognized educational institution;
|
||||
|
||||
(C) legitimate or adopted children of, or stepchildren in fact dependent for their support upon, the member;
|
||||
|
||||
(D) living on the date when the member is retired or becomes entitled to retired or retainer pay or, if the member was already retired or entitled to retired or retainer pay on November 1, 1953, living on that date; and
|
||||
|
||||
(E) born on or before the date prescribed in clause (D).
|
||||
|
||||
For the purposes of clause (2)(B), a child is considered to be pursuing a full-time course of study or training during an interval between school years that does not exceed one hundred and fifty days if he has demonstrated to the satisfaction of the Secretary concerned that he has a bonafide intention of commencing, resuming, or continuing to pursue a full-time course of study or training in a recognized educational institution immediately after that interval.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 110; Pub. L. 90–485, § 1(4), (5), Aug. 13, 1968, 82 Stat. 752; Pub. L. 92–425, § 1(2)(A), Sept. 21, 1972, 86 Stat. 706.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 1435(1)1435(2)37:371(e).37:371(f).Aug. 8, 1953, ch. 393, § 2(e), (f), 67 Stat. 501. In clauses (1) and (2), the words “is retired or becomes entitled to retired or retainer pay” are substituted for the words “retired member”, since the words “retired member”, as defined in the source statute, included former members who have been awarded that pay. In clause (1), the words “ ‘widow’ includes a widower” are omitted as covered by the definition of “spouse” in section 101(32) of this title.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1972—Pub. L. 92–425 substituted “subchapter” for “chapter”. 1968—Pub. L. 90–485 inserted provisions in cl. (2)(B) concerning children of the member who are at least 18, but under 23 and pursuing a full-time course of study or training and inserted text following cl. (2)(E) relating to children considered to be pursuing a full-time course of study or training.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1968 AmendmentAmendment by Pub. L. 90–485 effective on first day of third calendar month following Aug. 13, 1968, see section 6 of Pub. L. 90–485, set out as a note under section 1431 of this title.
|
||||
@@ -0,0 +1,63 @@
|
||||
---
|
||||
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|
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|
||||
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
section: "1436"
|
||||
citation: "10 U.S.C. § 1436"
|
||||
status: "current"
|
||||
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|
||||
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|
||||
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||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1436 - Computation of reduction in retired pay; withdrawal for severe financial hardship
|
||||
|
||||
## Text
|
||||
|
||||
(a) The reduction in the retired or retainer pay of any person who elects an annuity under this subchapter shall be computed by the armed force concerned as of the date when the person becomes eligible for that pay but without regard to any increase in that pay to reflect changes in the Consumer Price Index. It shall be computed under an actuarial equivalent method based on (1) appropriate actuarial tables selected by the Board of Actuaries, and (2) an interest rate of 3 percent a year, or such other rate as the Secretary of the Treasury, after considering the average yield on outstanding marketable long-term obligations of the United States during the preceding six months, may specify by August 1 of any year for the following year. The method and tables shall be those in effect on the date as of which the computation is made.
|
||||
|
||||
(b) Under regulations prescribed under section 1444(a) of this title, the Secretary concerned may, upon application by the retired member, allow the member—
|
||||
|
||||
(1) to reduce the amount of the annuity specified by him under section 1434(a) and 1434(b) of this title but to not less than the prescribed minimum; or
|
||||
|
||||
(2) to withdraw from participation in an annuity program under this title; or
|
||||
|
||||
(3) to elect the annuity provided under clause (1) of section 1434(a) of this title in place of the annuity provided under clause (3) of such section, if on the first day for which retired or retainer pay is granted the member had in effect a valid election under clause (3) of such section, and he does not have a child beneficiary who would be eligible for the annuity provided under clause (3) of such section. For this purpose, a child (other than a child who is incapable of supporting himself because of a mental defect or physical incapacity existing before his eighteenth birthday) who is at least eighteen, but under twenty-three years of age shall not be considered an eligible beneficiary; or
|
||||
|
||||
(4) to elect that a child (other than a child who is incapable of supporting himself because of a mental defect or physical incapacity existing before his eighteenth birthday) who is at least eighteen, but under twenty-three years of age shall not be considered eligible for the annuity provided under clause (2) of section 1434(a) of this title, or for an annuity provided under section 1434(b) of this title, if on the first day for which retired or retainer pay is granted the member had in effect a valid election under clause (2) of section 1434(a) of this title, or under section 1434(b) of this title.
|
||||
|
||||
A retired member may not reduce an annuity under clause (1) of this subsection, or withdraw under clause (2) of this subsection, earlier than the first day of the seventh calendar month beginning after he applies for reduction or withdrawal. A change of election under clause (3) of this subsection shall be effective on the first day of the month following the month in which application is made. An election under clause (4) of this subsection shall be effective on the first day of the month following the month in which application is made and, if on the effective date there is no surviving child who would be eligible for an annuity provided under clause (2) of section 1434(a), or under section 1434(b), of this title if the elector died, no deduction shall be made for such an annuity to, or on behalf of, a child from the elector’s retired or retainer pay for that month or any subsequent month. No amounts by which a member’s retired or retainer pay is reduced prior to the effective date of a reduction of annuity, withdrawal, change of election, or election under this subsection may be refunded to, or credited on behalf of, the member by virtue of an application made by him under this subsection.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 110; Pub. L. 87–381, § 4, Oct. 4, 1961, 75 Stat. 811; Pub. L. 90–207, § 2(a)(3), Dec. 16, 1967, 81 Stat. 653; Pub. L. 90–485, § 1(6), Aug. 13, 1968, 82 Stat. 753; Pub. L. 92–425, § 1(2)(A), Sept. 21, 1972, 86 Stat. 706; Pub. L. 104–106, div. A, title XV, § 1505(c), Feb. 10, 1996, 110 Stat. 514.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 143637:373(c).Aug. 8, 1953, ch. 393, § 4(c), 67 Stat. 503. The words “of any person who elects an annuity” are substituted for the words “of an active or retired member who has made an election”. The words “in each individual case” and “designated in section 8” are omitted as surplusage. The words “and as of the date of election in the case of a retired member” are omitted as executed. 37:373(c) (1st 23 words of last sentence) is omitted as otherwise covered by the language of the revised section.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1996—Subsec. (b). Pub. L. 104–106 made technical correction to directory language of Pub. L. 90–485, § 1(6). See 1968 Amendment note below. 1972—Subsec. (a). Pub. L. 92–425 substituted “subchapter” for “chapter”. 1968—Subsec. (b). Pub. L. 90–485, as amended by Pub. L. 104–106, substituted provisions authorizing the Secretary to allow the member to reduce the amount of the annuity, allow the member to withdraw from participation in an annuity program, allow the member to elect the annuity provided in section 1434(a)(1) in place of the annuity provided in section 1434(a)(3) under the specified conditions, and allow the member to elect that a child at least 18, but under 23, not be eligible for the specified annuities, setting forth the times when such reduction, withdrawal, or change of election may take place, and disallowing the refunding or crediting of any amount previously withheld, for provisions authorizing the Secretary to allow the member to withdraw from participation in an annuity program whenever the Secretary considers it necessary because of the member’s severe financial hardship, the absence of an eligible beneficiary not of itself to be a basis for such action. 1967—Subsec. (a). Pub. L. 90–207 inserted “but without regard to any increase in that pay to reflect changes in the Consumer Price Index” after “that pay”. 1961—Pub. L. 87–381 designated existing provisions as subsec. (a), added subsec. (b), and inserted “; withdrawal for severe financial hardship” in section catchline.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1996 AmendmentPub. L. 104–106, div. A, title XV, § 1505(c), Feb. 10, 1996, 110 Stat. 514, provided that the amendment made by that section is effective Aug. 13, 1968, and as if included in Pub. L. 90–485 as originally enacted.
|
||||
|
||||
Effective Date of 1968 AmendmentAmendment by Pub. L. 90–485 effective Aug. 13, 1968, see section 6 of Pub. L. 90–485, set out as a note under section 1431 of this title.
|
||||
|
||||
Effective Date of 1967 AmendmentAmendment by Pub. L. 90–207 effective Oct. 1, 1967, see section 7 of Pub. L. 90–207, set out as a note under section 203 of Title 37, Pay and Allowances of the Uniformed Services.
|
||||
@@ -0,0 +1,39 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 1436a"
|
||||
description: "Coverage paid up at 30 years and age 70"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
chapter_name: "ANNUITIES BASED ON RETIRED OR RETAINER PAY"
|
||||
section: "1436a"
|
||||
citation: "10 U.S.C. § 1436a"
|
||||
status: "current"
|
||||
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|
||||
release_date: "2026-06-26"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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||||
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|
||||
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|
||||
confidence: "official"
|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1436a - Coverage paid up at 30 years and age 70
|
||||
|
||||
## Text
|
||||
|
||||
Effective October 1, 2008, a reduction under this subchapter in the retired or retainer pay of a person electing an annuity under this subchapter may not be made for any month after the later of—
|
||||
|
||||
(1) the month that is the 360th month for which that person’s retired or retainer pay is reduced pursuant to such an election; and
|
||||
|
||||
(2) the month during which that person attains 70 years of age.
|
||||
|
||||
(Added Pub. L. 106–65, div. A, title VI, § 655(a), Oct. 5, 1999, 113 Stat. 667.)
|
||||
@@ -0,0 +1,79 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 1437"
|
||||
description: "Payment of annuity"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
section: "1437"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1437 - Payment of annuity
|
||||
|
||||
## Text
|
||||
|
||||
(a) Except as provided in subsections (b) and (c), each annuity payable under this subchapter accrues as of the first day of the month in which the person upon whose pay the annuity is based dies. Payments shall be made in equal installments and not later than the fifteenth day of each month following that month. However, no annuity accrues for the month in which entitlement thereto ends. The monthly amount of an annuity payable under this subchapter, if not a multiple of $1, shall be rounded to the next lower multiple of $1.
|
||||
|
||||
(b) Each annuity payable to or on behalf of an eligible child (other than a child who is incapable of supporting himself because of a mental defect or physical incapacity existing before his eighteenth birthday) as defined in section 1435(2)(B) of this title who is at least eighteen years of age and pursuing a full-time course of study or training at a recognized educational institution, accrues—
|
||||
|
||||
(1) as of the first day of the month in which the member upon whose pay the annuity is based dies, if the eligible child’s eighteenth birthday occurs in the same or a preceding month.
|
||||
|
||||
(2) as of the first day of the month in which the eighteenth birthday of an eligible child occurs, if the member upon whose pay the annuity is based died in a preceding month.
|
||||
|
||||
(3) as of the first day of the month in which a child first becomes or again becomes eligible, if that eligible child’s eighteenth birthday and the death of the member upon whose pay the annuity is based both occurred in a preceding month or months.
|
||||
|
||||
However, no such annuity is payable or accrues for any month before November 1, 1968.
|
||||
|
||||
(c) (1) Upon application of the beneficiary of a member entitled to retired or retainer pay whose retired or retainer pay has been suspended because the member has been determined to be missing, the Secretary concerned may determine for purposes of this subchapter that the member is presumed dead. Any such determination shall be made in accordance with regulations prescribed under section 1444(a) of this title. The Secretary concerned may not make a determination for purposes of this subchapter that a member is presumed dead unless he finds—
|
||||
|
||||
(A) that the member has been missing for at least 30 days; and
|
||||
|
||||
(B) that the circumstances under which the member is missing would lead a reasonably prudent person to conclude that the member is dead.
|
||||
|
||||
(2) Upon a determination under paragraph (1) with respect to a member, an annuity otherwise payable under this subchapter shall be paid as if the member died on the date as of which the retired or retainer pay of the member was suspended.
|
||||
|
||||
(3) (A) If, after a determination under paragraph (1), the Secretary concerned determines that the member is alive, any annuity being paid under this subchapter by reason of this subsection shall be promptly terminated and the total amount of any annuity payments made by reason of this subsection shall constitute a debt to the United States which may be collected or offset—
|
||||
|
||||
(i) from any retired or retainer pay otherwise payable to the member;
|
||||
|
||||
(ii) if the member is entitled to compensation under chapter 11 of title 38, from that compensation; or
|
||||
|
||||
(iii) if the member is entitled to any other payment from the United States, from that payment.
|
||||
|
||||
(B) If the member dies before the full recovery of the amount of annuity payments described in subparagraph (A) has been made by the United States, the remaining amount of such annuity payments may be collected from the member’s beneficiary under this subchapter if that beneficiary was the recipient of the annuity payments made by reason of this subsection.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 110; Pub. L. 90–485, § 1(7), Aug. 13, 1968, 82 Stat. 753; Pub. L. 92–425, § 1(2)(A), Sept. 21, 1972, 86 Stat. 706; Pub. L. 96–513, title V, § 511(57), Dec. 12, 1980, 94 Stat. 2925; Pub. L. 98–94, title IX, § 922(a)(14)(A), Sept. 24, 1983, 97 Stat. 642; Pub. L. 98–525, title VI, § 642(a)(1), Oct. 19, 1984, 98 Stat. 2545; Pub. L. 99–145, title XIII, § 1303(a)(9), Nov. 8, 1985, 99 Stat. 739.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 143737:379.Aug. 8, 1953, ch. 393, § 10, 67 Stat. 504. The words “the person upon whose reduced pay the annuity is based” are substituted for the words “the retired member” since persons other than retired members may elect an annuity. The words “due and” and “or be paid” are omitted as surplusage.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1985—Subsec. (c)(3)(A). Pub. L. 99–145 struck out “(notwithstanding section 144 of this title)” after “which”. 1984—Subsec. (a). Pub. L. 98–525, § 642(a)(1)(A), substituted “subsections (b) and (c),” for “subsection (b)”. Subsec. (c). Pub. L. 98–525, § 642(a)(1)(B), added subsec. (c). 1983—Subsec. (a). Pub. L. 98–94 inserted “The monthly amount of an annuity payable under this subchapter, if not a multiple of $1, shall be rounded to the next lower multiple of $1.” 1980—Subsec. (b). Pub. L. 96–513 substituted “before November 1, 1968” for “prior to the effective date of this subsection”. 1972—Subsec. (a). Pub. L. 92–425 substituted “subchapter” for “chapter”. 1968—Pub. L. 90–485 designated existing provisions as subsec. (a), inserted “Except as provided in subsection (b)”, substituted “whose pay” for “whose reduced pay”, and added subsec. (b).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1983 AmendmentAmendment by Pub. L. 98–94 effective Oct. 1, 1983, see section 922(e) of Pub. L. 98–94, set out as a note under section 1401 of this title.
|
||||
|
||||
Effective Date of 1980 AmendmentAmendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.
|
||||
|
||||
Effective Date of 1968 AmendmentFor effective date of amendment by Pub. L. 90–485, see section 6 of Pub. L. 90–485, set out as a note under section 1431 of this title.
|
||||
@@ -0,0 +1,43 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
section: "1438"
|
||||
citation: "10 U.S.C. § 1438"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
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||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s1438"
|
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source_hash: "4307906bf81460ae659a9644b89b703cc114f745bf19249120c6c6b8c61b7cba"
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|
||||
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|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1438 - Deposits for amounts not deducted
|
||||
|
||||
## Text
|
||||
|
||||
If, for any period, a person who has been retired or has become entitled to retired or retainer pay, and who has elected an annuity under this subchapter, is not entitled to retired or retainer pay, he must deposit in the Treasury the amount that would otherwise have been deducted from his pay for that period to provide the annuity.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 110; Pub. L. 92–425, § 1(2)(A), Sept. 21, 1972, 86 Stat. 706.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 143837:374.Aug. 8, 1953, ch. 393, § 5, 67 Stat. 504. The words “a person who has been retired or has become entitled to retired or retainer pay, and who has elected an annuity under this chapter” are substituted for the words “a retired member of a uniformed service who has made the election specified in section 372 of this title”, since the revised chapter applies to persons who are receiving retired pay as well as retired members. The word “otherwise” is substituted for the words “had he been receiving that pay”. The words “to provide the annuity” are inserted for clarity.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1972—Pub. L. 92–425 substituted “subchapter” for “chapter”.
|
||||
@@ -0,0 +1,43 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 1439"
|
||||
description: "Refund of amounts deducted from retired pay"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
section: "1439"
|
||||
citation: "10 U.S.C. § 1439"
|
||||
status: "current"
|
||||
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|
||||
release_date: "2026-06-26"
|
||||
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|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s1439"
|
||||
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|
||||
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|
||||
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|
||||
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||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1439 - Refund of amounts deducted from retired pay
|
||||
|
||||
## Text
|
||||
|
||||
If a person whose name is on the temporary disability retired list of an armed force, and who has elected an annuity under this subchapter, has his name removed from that list for any reason other than retirement or grant of retired pay, he is entitled to a refund of the difference between the amount by which his retired pay was reduced to provide the annuity and the cost of an amount of term insurance equal to the protection provided for his dependents during the period that he was on that list.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 111; Pub. L. 92–425, § 1(2)(A), Sept. 21, 1972, 86 Stat. 706.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 143937:373(d).Aug. 8, 1953, ch. 393, § 4(d), 67 Stat. 503. The words “person whose name is on” are substituted for the words “Any active member or former member on the”. The words “is entitled to a refund” are substituted for the words “shall have refunded to him”. The words “permanent”, “a sum which represents”, and “in accordance with his election under section 372 of this title” are omitted as surplusage. The words “retirement or grant of retired pay” are substituted for the words “permanent retirement”, since under chapter 67 of this title a member of the Army or Air Force may be granted retired pay without being retired.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1972—Pub. L. 92–425 substituted “subchapter” for “chapter”.
|
||||
@@ -0,0 +1,43 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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||||
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|
||||
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|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1440 - Annuities not subject to legal process
|
||||
|
||||
## Text
|
||||
|
||||
Except as provided in section 1437(c)(3)(B) of this title, no annuity payable under this subchapter is assignable or subject to execution, levy, attachment, garnishment, or other legal process.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 111; Pub. L. 92–425, § 1(2)(A), Sept. 21, 1972, 86 Stat. 706; Pub. L. 98–525, title VI, § 642(a)(2), Oct. 19, 1984, 98 Stat. 2546; Pub. L. 99–145, title XIII, § 1303(a)(10), Nov. 8, 1985, 99 Stat. 739.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 144037:378.Aug. 8, 1953, ch. 393, § 9, 67 Stat. 504. The words “either in law or equity” are omitted as surplusage.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1985—Pub. L. 99–145 substituted “1437(c)(3)(B)” for “1437(c)(3)”. 1984—Pub. L. 98–525 substituted “Except as provided in section 1437(c)(3) of this title, no” for “No”. 1972—Pub. L. 92–425 substituted “subchapter” for “chapter”.
|
||||
@@ -0,0 +1,53 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
chapter_number: "73"
|
||||
chapter_name: "ANNUITIES BASED ON RETIRED OR RETAINER PAY"
|
||||
section: "1441"
|
||||
citation: "10 U.S.C. § 1441"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
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|
||||
source_identifier: "/us/usc/t10/s1441"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1441 - Annuities in addition to other payments
|
||||
|
||||
## Text
|
||||
|
||||
An annuity under this subchapter is in addition to any pension or other payment to which the beneficiary is entitled under any other provision of law, and may not be considered as income under any law administered by the Department of Veterans Affairs.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 111; Pub. L. 85–857, § 13(v)(1), Sept. 2, 1958, 72 Stat. 1266; Pub. L. 85–861, § 1(31B), Sept. 2, 1958, 72 Stat. 1452; Pub. L. 86–211, § 8(a), Aug. 29, 1959, 73 Stat. 436; Pub. L. 91–588, § 8(b), Dec. 24, 1970, 84 Stat. 1584; Pub. L. 92–425, § 1(2)(A), Sept. 21, 1972, 86 Stat. 706; Pub. L. 101–189, div. A, title XVI, § 1621(a)(1), Nov. 29, 1989, 103 Stat. 1602.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes 1956 Act Revised sectionSource (U.S. Code)Source (Statutes at Large) 144137:380.Aug. 8, 1953, ch. 393, § 11, 67 Stat. 504. The word “is” is substituted for the words “may now or hereafter be”.
|
||||
|
||||
1958 Act Revised sectionSource (U.S. Code)Source (Statutes at Large) 144137:380.Aug. 1, 1956, ch. 837, § 501(1), 70 Stat. 884. The change is made to reflect the amendment made by section 501(1) of the Servicemen’s and Veterans’ Survivor Benefits Act (70 Stat. 884) to section 11 of the Uniform Services Contingency Option Act of 1953 (restated in section 1441 of title 10).
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1989—Pub. L. 101–189 substituted “Department of Veterans Affairs” for “Veterans’ Administration”. 1972—Pub. L. 92–425 substituted “subchapter” for “chapter”. 1970—Pub. L. 91–588 struck out “except section 415(g) and chapter 15 of title 38” after “Veterans’ Administration”. 1959—Pub. L. 86–211 inserted reference to chapter 15 of title 38. 1958—Pub. L. 85–861 inserted “except section 1115 of title 38” after “Administration”. Pub. L. 85–857 substituted “section 415(g) of title 38” for “section 1115 of title 38”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1970 AmendmentAmendment by Pub. L. 91–588 effective Jan. 1, 1971, see section 10 of Pub. L. 91–588, set out as a note under section 1521 of Title 38, Veterans’ Benefits.
|
||||
|
||||
Effective Date of 1959 AmendmentAmendment by Pub. L. 86–211 effective July 1, 1960, see section 10 of Pub. L. 86–211, set out as a note under section 1506 of Title 38, Veterans’ Benefits.
|
||||
|
||||
Effective Date of 1958 AmendmentAmendment by Pub. L. 85–857 effective Jan. 1, 1959, see section 2 of Pub. L. 85–857, set out as a note preceding Part I of Title 38, Veterans’ Benefits.
|
||||
@@ -0,0 +1,43 @@
|
||||
---
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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||||
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1442 - Recovery of annuity erroneously paid
|
||||
|
||||
## Text
|
||||
|
||||
In addition to other methods of recovery provided by law, the Secretary concerned may authorize the recovery, by deduction from later payments to a person, of any amount erroneously paid to him under this subchapter. However, recovery is not required if, in the judgment of the Secretary concerned, there has been no fault by the person to whom the amount was erroneously paid and recovery would be contrary to the purposes of this subchapter or against equity and good conscience.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 111; Pub. L. 92–425, § 1(2)(A), Sept. 21, 1972, 86 Stat. 706; Pub. L. 104–316, title I, § 105(a), Oct. 19, 1996, 110 Stat. 3830.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 144237:376.Aug. 8, 1953, ch. 393, § 7, 67 Stat. 504. The words “In addition to other methods of recovery provided by law, the Secretary concerned may” are substituted for 37:376(a) (1st 15 words of 1st sentence). The words “from later payments to an annuitant” are substituted for 37:376(a) (2d sentence).
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1996—Pub. L. 104–316 struck out “and the Comptroller General” after “judgment of the Secretary concerned”. 1972—Pub. L. 92–425 substituted “subchapter” for “chapter”.
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1443 - Repealed. Pub. L. 92–425, § 1(2)(B), Sept. 21, 1972, 86 Stat. 706]
|
||||
|
||||
## Notes
|
||||
|
||||
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 111, related to Board of Actuaries, composed of Government Actuary, Chief Actuary of Social Security Administration, and an actuary who was a member of Society of Actuaries.
|
||||
@@ -0,0 +1,55 @@
|
||||
---
|
||||
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|
||||
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|
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1444 - Regulations; determinations
|
||||
|
||||
## Text
|
||||
|
||||
(a) The President shall prescribe regulations to carry out this subchapter. Those regulations shall, so far as practicable, be uniform for the armed forces, the National Oceanic and Atmospheric Administration, and the Public Health Service.
|
||||
|
||||
(b) Determinations and certifications of eligibility for, and payments of, annuities and other payments or refunds under this subchapter shall be made by the department concerned. However, in the case of a department other than a military department, payments shall be made through the disbursing facilities of the Department of the Treasury.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 111; Pub. L. 87–381, § 5, Oct. 4, 1961, 75 Stat. 811; Pub. L. 89–718, § 8(a), Nov. 2, 1966, 80 Stat. 1117; Pub. L. 92–425, § 1(2)(A), (C), Sept. 21, 1972, 86 Stat. 706; Pub. L. 96–513, title V, § 511(58), Dec. 12, 1980, 94 Stat. 2925.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 1444(a)1444(b)1444(c)37:377 (1st sentence).37:377 (2d sentence).37:375.Aug. 8, 1953, ch. 393, §§ 6, 8 (1st and 2d sentences), 67 Stat. 504.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1980—Subsec. (a). Pub. L. 96–513, § 511(58)(A), substituted “National Oceanic and Atmospheric Administration” for “Environmental Science Services Administration”. Subsecs. (b), (c). Pub. L. 96–513, § 511(58)(B), redesignated subsec. (c) as (b). 1972—Pub. L. 92–425, § 1(2)(C), struck out “reports to Congress” in section catchline. Subsec. (a). Pub. L. 92–425, § 1(2)(A), substituted “subchapter” for “chapter”. Subsec. (b). Pub. L. 92–425, § 1(2)(C), struck out subsec. (b) which required President to submit annual reports to Congress on administration of this chapter. Subsec. (c). Pub. L. 92–425, § 1(2)(A), substituted “subchapter” for “chapter”. 1966—Subsec. (a). Pub. L. 89–718 substituted “Environmental Science Services Administration” for “Coast and Geodetic Survey”. 1961—Subsec. (b). Pub. L. 87–381 required report to contain a detailed account, including an actuarial analysis, of cases in which relief is granted under sections 1436(b) and 1552 of this title, or any other statutory or administrative procedure.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1980 AmendmentAmendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.
|
||||
|
||||
RepealsThe directory language of, but not the amendment made by, Pub. L. 89–718, § 8(a), Nov. 2, 1966, 80 Stat. 1117, cited as a credit to this section, was repealed by Pub. L. 97–295, § 6(b), Oct. 12, 1982, 96 Stat. 1314.
|
||||
|
||||
Executive Documents
|
||||
|
||||
Transfer of Functions For transfer of functions of Public Health Service, see note set out under section 802 of this title.
|
||||
@@ -0,0 +1,49 @@
|
||||
---
|
||||
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|
||||
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
section: "1444a"
|
||||
citation: "10 U.S.C. § 1444a"
|
||||
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|
||||
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|
||||
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|
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||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1444a - Regulations regarding payment of annuity to a representative payee
|
||||
|
||||
## Text
|
||||
|
||||
(a) The regulations prescribed pursuant to section 1444(a) of this title shall provide procedures for the payment of an annuity under this subchapter in the case of—
|
||||
|
||||
(1) a person for whom a guardian or other fiduciary has been appointed; and
|
||||
|
||||
(2) a minor, mentally incompetent, or otherwise legally disabled person for whom a guardian or other fiduciary has not been appointed.
|
||||
|
||||
(b) Those regulations may include the provisions set out in section 1455(d)(2) of this title.
|
||||
|
||||
(c) An annuity paid to a person on behalf of an annuitant in accordance with the regulations prescribed pursuant to subsection (a) discharges the obligation of the United States for payment to the annuitant of the amount of the annuity so paid.
|
||||
|
||||
(Added Pub. L. 102–190, div. A, title VI, § 654(b)(1), Dec. 5, 1991, 105 Stat. 1390; amended Pub. L. 105–85, div. A, title X, § 1073(a)(26), Nov. 18, 1997, 111 Stat. 1901.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1997—Subsec. (b). Pub. L. 105–85 substituted “section 1455(d)(2)” for “section 1455(c)”.
|
||||
@@ -0,0 +1,41 @@
|
||||
---
|
||||
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|
||||
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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||||
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||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1445 - Correction of administrative deficiencies
|
||||
|
||||
## Text
|
||||
|
||||
Whenever he considers it necessary, the Secretary concerned may, under regulations prescribed under section 1444(a) of this title, correct any election, or any change or revocation of an election, under this subchapter when he considers it necessary to correct an administrative error. Except when procured by fraud, a correction under this section is final and conclusive on all officers of the United States.
|
||||
|
||||
(Added Pub. L. 87–381, § 6(1), Oct. 4, 1961, 75 Stat. 811; amended Pub. L. 92–425, § 1(2)(A), Sept. 21, 1972, 86 Stat. 706.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1972—Pub. L. 92–425 substituted “subchapter” for “chapter”.
|
||||
@@ -0,0 +1,53 @@
|
||||
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|
||||
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|
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
status: "current"
|
||||
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|
||||
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|
||||
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|
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|
||||
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|
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||||
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1446 - Restriction on participation
|
||||
|
||||
## Text
|
||||
|
||||
(a) Notwithstanding section 1441 of this title, if a person—
|
||||
|
||||
(1) has made an election under this subchapter; and
|
||||
|
||||
(2) is retired for physical disability before he completes 19 years of service for which he is entitled to credit in the computation of his basic pay;
|
||||
|
||||
and thereafter dies, his beneficiaries are not entitled to the annuities provided under this subchapter until they give proof to the department concerned that they are not eligible for benefits under chapter 11 or 13 of title 38. If the beneficiaries are not eligible for benefits under chapter 11 or 13 of title 38, the annuity shall begin on the first day of the month in which the death occurs.
|
||||
|
||||
(b) Whenever the beneficiaries on whose behalf the election was made are restricted, under subsection (a), from participating in the annuities provided under this subchapter, the amount withheld from the elector’s retired or retainer pay as a result of an election under this subchapter shall be refunded to the beneficiaries, less the amount of any annuities paid under this subchapter, and in either case without interest.
|
||||
|
||||
(Added Pub. L. 87–381, § 6(1), Oct. 4, 1961, 75 Stat. 811; amended Pub. L. 90–485, § 1(8), Aug. 13, 1968, 82 Stat. 754; Pub. L. 92–425, § 1(2)(A), Sept. 21, 1972, 86 Stat. 706.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1972—Pub. L. 92–425 substituted “subchapter” for “chapter” wherever appearing. 1968—Subsec. (a)(2). Pub. L. 90–485 substituted “19” for “18”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1968 AmendmentAmendment by Pub. L. 90–485 effective on first day of third calendar month following Aug. 13, 1968, see section 6 of Pub. L. 90–485, set out as a note under section 1431 of this title.
|
||||
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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||||
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||||
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|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
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|
||||
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|
||||
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|
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|
||||
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|
||||
confidence: "official"
|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1447 - Definitions
|
||||
|
||||
## Text
|
||||
|
||||
In this subchapter:
|
||||
|
||||
(1) Plan.— The term “Plan” means the Survivor Benefit Plan established by this subchapter.
|
||||
|
||||
(2) Standard annuity.— The term “standard annuity” means an annuity provided by virtue of eligibility under section 1448(a)(1)(A) of this title.
|
||||
|
||||
(3) Reserve-component annuity.— The term “reserve-component annuity” means an annuity provided by virtue of eligibility under section 1448(a)(1)(B) of this title.
|
||||
|
||||
(4) Retired pay.— The term “retired pay” includes retainer pay paid under section 8330 of this title.
|
||||
|
||||
(5) Reserve-component retired pay.— The term “reserve-component retired pay” means retired pay under chapter 1223 of this title (or under chapter 67 of this title as in effect before the effective date of the Reserve Officer Personnel Management Act).
|
||||
|
||||
(6) Base amount.— The term “base amount” means the following:
|
||||
|
||||
(A) Full amount under standard annuity.— In the case of a person who dies after becoming entitled to retired pay, such term means the amount of monthly retired pay (determined without regard to any reduction under section 1409(b)(2) or 1415(b)(1)(B) of this title) to which the person—
|
||||
|
||||
(i) was entitled when he became eligible for that pay; or
|
||||
|
||||
(ii) later became entitled by being advanced on the retired list, performing active duty, or being transferred from the temporary disability retired list to the permanent disability retired list.
|
||||
|
||||
(B) Full amount under reserve-component annuity.— In the case of a person who would have become eligible for reserve-component retired pay but for the fact that he died before becoming 60 years of age, such term means the amount of monthly retired pay for which the person would have been eligible—
|
||||
|
||||
(i) if he had been 60 years of age on the date of his death, for purposes of an annuity to become effective on the day after his death in accordance with a designation made under section 1448(e) of this title; or
|
||||
|
||||
(ii) upon becoming 60 years of age (if he had lived to that age), for purposes of an annuity to become effective on the 60th anniversary of his birth in accordance with a designation made under section 1448(e) of this title.
|
||||
|
||||
(C) Reduced amount.— Such term means any amount less than the amount otherwise applicable under subparagraph (A) or (B) with respect to an annuity provided under the Plan but which is not less than $300 and which is designated by the person (with the concurrence of the person’s spouse, if required under section 1448(a)(3) of this title) providing the annuity on or before—
|
||||
|
||||
(i) the first day for which he becomes eligible for retired pay, in the case of a person providing a standard annuity, or
|
||||
|
||||
(ii) the end of the 90-day period beginning on the date on which he receives the notification required by section 12731(d) of this title that he has completed the years of service required for eligibility for reserve-component retired pay, in the case of a person providing a reserve-component annuity.
|
||||
|
||||
(7) Widow.— The term “widow” means the surviving wife of a person who, if not married to the person at the time he became eligible for retired pay—
|
||||
|
||||
(A) was married to him for at least one year immediately before his death; or
|
||||
|
||||
(B) is the mother of issue by that marriage.
|
||||
|
||||
(8) Widower.— The term “widower” means the surviving husband of a person who, if not married to the person at the time she became eligible for retired pay—
|
||||
|
||||
(A) was married to her for at least one year immediately before her death; or
|
||||
|
||||
(B) is the father of issue by that marriage.
|
||||
|
||||
(9) Surviving spouse.— The term “surviving spouse” means a widow or widower.
|
||||
|
||||
(10) Former spouse.— The term “former spouse” means the surviving former husband or wife of a person who is eligible to participate in the Plan.
|
||||
|
||||
(11) Dependent child.— (A) In general.— The term “dependent child” means a person who—
|
||||
|
||||
(i) is unmarried;
|
||||
|
||||
(ii) is (I) under 18 years of age, (II) at least 18, but under 22, years of age and pursuing a full-time course of study or training in a high school, trade school, technical or vocational institute, junior college, college, university, or comparable recognized educational institution, or (III) incapable of self support because of a mental or physical incapacity existing before the person’s eighteenth birthday or incurred on or after that birthday, but before the person’s twenty-second birthday, while pursuing such a full-time course of study or training; and
|
||||
|
||||
(iii) is the child of a person to whom the Plan applies, including (I) an adopted child, and (II) a stepchild, foster child, or recognized natural child who lived with that person in a regular parent-child relationship.
|
||||
|
||||
(B) Special rules for college students.— For the purpose of subparagraph (A), a child whose twenty-second birthday occurs before July 1 or after August 31 of a calendar year, and while regularly pursuing such a course of study or training, is considered to have become 22 years of age on the first day of July after that birthday. A child who is a student is considered not to have ceased to be a student during an interim between school years if the interim is not more than 150 days and if the child shows to the satisfaction of the Secretary of Defense that the child has a bona fide intention of continuing to pursue a course of study or training in the same or a different school during the school semester (or other period into which the school year is divided) immediately after the interim.
|
||||
|
||||
(C) Foster children.— A foster child, to qualify under this paragraph as the dependent child of a person to whom the Plan applies, must, at the time of the death of that person, also reside with, and receive over one-half of his support from, that person, and not be cared for under a social agency contract. The temporary absence of a foster child from the residence of that person, while a student as described in this paragraph, shall not be considered to affect the residence of such a foster child.
|
||||
|
||||
(12) Court.— The term “court” has the meaning given that term by section 1408(a)(1) of this title.
|
||||
|
||||
(13) Court order.— (A) In general.— The term “court order” means a court’s final decree of divorce, dissolution, or annulment or a court ordered, ratified, or approved property settlement incident to such a decree (including a final decree modifying the terms of a previously issued decree of divorce, dissolution, annulment, or legal separation, or of a court ordered, ratified, or approved property settlement agreement incident to such previously issued decree).
|
||||
|
||||
(B) Final decree.— The term “final decree” means a decree from which no appeal may be taken or from which no appeal has been taken within the time allowed for the taking of such appeals under the laws applicable to such appeals, or a decree from which timely appeal has been taken and such appeal has been finally decided under the laws applicable to such appeals.
|
||||
|
||||
(C) Regular on its face.— The term “regular on its face”, when used in connection with a court order, means a court order that meets the conditions prescribed in section 1408(b)(2) of this title.
|
||||
|
||||
(Added Pub. L. 92–425, § 1(3), Sept. 21, 1972, 86 Stat. 706; amended Pub. L. 94–496, § 1(1), Oct. 14, 1976, 90 Stat. 2375; Pub. L. 95–397, title II, § 201, Sept. 30, 1978, 92 Stat. 843; Pub. L. 96–402, § 2, Oct. 9, 1980, 94 Stat. 1705; Pub. L. 97–252, title X, § 1003(a), Sept. 8, 1982, 96 Stat. 735; Pub. L. 98–94, title IX, § 941(c)(1), Sept. 24, 1983, 97 Stat. 653; Pub. L. 99–145, title VII, §§ 719(1), (2), 721(b), Nov. 8, 1985, 99 Stat. 675, 676; Pub. L. 99–348, title III, § 301(a)(1), July 1, 1986, 100 Stat. 702; Pub. L. 99–661, div. A, title XIII, § 1343(a)(8)(A), Nov. 14, 1986, 100 Stat. 3992; Pub. L. 100–180, div. A, title XII, § 1231(17), Dec. 4, 1987, 101 Stat. 1161; Pub. L. 101–189, div. A, title XIV, § 1407(a)(1)–(3), Nov. 29, 1989, 103 Stat. 1588; Pub. L. 101–510, div. A, title XIV, § 1484(l)(4)(C)(i), Nov. 5, 1990, 104 Stat. 1720; Pub. L. 103–337, div. A, title XVI, § 1671(d), Oct. 5, 1994, 108 Stat. 3014; Pub. L. 104–201, div. A, title VI, § 634, Sept. 23, 1996, 110 Stat. 2551; Pub. L. 115–91, div. A, title VI, § 622(a), Dec. 12, 2017, 131 Stat. 1428; Pub. L. 115–232, div. A, title VIII, § 809(a), Aug. 13, 2018, 132 Stat. 1840.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextChapter 67 of this title as in effect before the effective date of the Reserve Officer Personnel Management Act, referred to in par. (5), means chapter 67 (§ 1331 et seq.) of this title prior to its transfer to part II of subtitle E of this title, its renumbering as chapter 1223, and its general revision by section 1662(j)(1) of Pub. L. 103–337. A new chapter 67 (§ 1331) of this title was added by section 1662(j)(7) of Pub. L. 103–337. For effective date of the Reserve Officer Personnel Management Act (Pub. L. 103–337, title XVI), see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title.
|
||||
|
||||
Amendments2018—Par. (4). Pub. L. 115–232 substituted “section 8330” for “section 6330”. 2017—Par. (6)(A). Pub. L. 115–91 inserted “or 1415(b)(1)(B)” after “section 1409(b)(2)”. 1996—Pub. L. 104–201 amended section generally, making changes in the order, style, and substance of definitions of terms used in this subchapter and adding definition of “surviving spouse”. 1994—Par. (2)(C). Pub. L. 103–337, § 1671(d)(2), substituted “12731(d)” for “1331(d)”. Par. (14). Pub. L. 103–337, § 1671(d)(1), substituted “chapter 1223 of this title (or under chapter 67 of this title as in effect before the effective date of the Reserve Officer Personnel Management Act)” for “chapter 67 of this title”. 1990—Par. (5). Pub. L. 101–510 made technical correction to directory language of Pub. L. 101–189, § 1407(a)(1)(A), see 1989 Amendment note below. 1989—Par. (2)(B). Pub. L. 101–189, § 1407(a)(2), substituted “reserve-component retired pay” for “retired pay under chapter 67 of this title”. Par. (2)(C)(i). Pub. L. 101–189, § 1407(a)(3), struck out “or retainer” after “eligible for retired”. Par. (2)(C)(ii). Pub. L. 101–189, § 1407(a)(2), substituted “reserve-component retired pay” for “retired pay under chapter 67 of this title”. Pars. (3), (4). Pub. L. 101–189, § 1407(a)(3), struck out “or retainer” after “eligible for retired”. Par. (5). Pub. L. 101–189, § 1407(a)(1)(A), as amended by Pub. L. 101–510, substituted “this paragraph” for “this clause” in three places in concluding provisions. Par. (11). Pub. L. 101–189, § 1407(a)(1)(B), inserted “paid under section 6330 of this title” after “retainer pay”. Par. (14). Pub. L. 101–189, § 1407(a)(1)(C), added par. (14). 1987—Pub. L. 100–180 inserted “The term” after each par. designation and revised first word in quotes in pars. (2) to (13) to make initial letter of such word lowercase. 1986—Par. (2)(A). Pub. L. 99–661 substituted “retired pay” for “retired or retainer pay” in two places in provisions preceding cl. (i). Pub. L. 99–348 inserted “(determined without regard to any reduction under section 1409(b)(2) of this title)”. 1985—Par. (2)(C). Pub. L. 99–145, § 721(b), inserted “(with the concurrence of the person’s spouse, if required under section 1448(a)(3) of this title)” after “designated by the person”. Par. (2)(C)(i). Pub. L. 99–145, § 719(2)(A), substituted “a standard annuity” for “an annuity by virtue of eligibility under section 1448(a)(1)(A) of this title”. Par. (2)(C)(ii). Pub. L. 99–145, § 719(2)(B), substituted “a reserve-component annuity” for “an annuity by virtue of eligibility under section 1448(a)(1)(B) of this title”. Pars. (11) to (13). Pub. L. 99–145, § 719(1), added pars. (11) to (13). 1983—Par. (8). Pub. L. 98–94 substituted “or annulment” for “annulment, or legal separation,” in two places. 1982—Pars. (6) to (10). Pub. L. 97–252 added pars. (6) to (10). 1980—Par. (2). Pub. L. 96–402 inserted in subpar. (C) “but which is not less than $300” after “under the Plan”, substituted a period at end of subpar. (C) for “, but not less than $300;”, and struck out following subpar. (C) “as increased from time to time under section 1401a of this title.” 1978—Par. (2). Pub. L. 95–397 inserted “in the case of a person who dies after becoming entitled to retired or retainer pay” before “the amount” and substituted “pay to which the person” for “pay to which a person” in subpar. (A), substituted “in the case of a person who would have become eligible for retired pay under chapter 67 of this title but for the fact that he died before becoming 60 years of age, the amount of monthly retired pay for which the person would have been eligible—” for “any amount less than that described by clause (A) designated by that person on or before the first day for which he became eligible for retired or retainer pay, but not less than $300” in subpar. (B), and added subpars. (B)(i), (ii) and (C). 1976—Pars. (3)(A), (4)(A). Pub. L. 94–496 substituted “one year” for “two years”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2018 AmendmentAmendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
|
||||
|
||||
Effective Date of 1994 AmendmentAmendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title.
|
||||
|
||||
Effective Date of 1990 AmendmentPub. L. 101–510, div. A, title XIV, § 1484(l)(4)(C), Nov. 5, 1990, 104 Stat. 1720, provided that the amendment made by that section is effective Nov. 29, 1989.
|
||||
|
||||
Effective Date of 1985 AmendmentPub. L. 99–145, title VII, § 731, Nov. 8, 1985, 99 Stat. 678, provided that: “(a) Effective Date.—Except as otherwise provided in this title, the amendments made by this title [see Short Title of 1985 Amendment note below] shall take effect on the first day of the first month beginning more than 90 days after the date of the enactment of this Act [Nov. 8, 1985]. “(b) Prospective Benefits Only.—No benefit shall accrue to any person by reason of the enactment of this title for any period before the effective date under subsection (a).”
|
||||
|
||||
Effective Date of 1982 Amendment; Transition ProvisionsAmendment by Pub. L. 97–252 effective Feb. 1, 1983, and applicable to persons becoming eligible to participate in Survivor Benefit Plan provided for in this subchapter before, on, or after Feb. 1, 1983, see section 1006 of Pub. L. 97–252, set out as an Effective Date; Transition Provisions note under section 1408 of this title.
|
||||
|
||||
Effective Date of 1980 AmendmentPub. L. 96–402, § 7, Oct. 9, 1980, 94 Stat. 1708, provided that: “The amendments made by sections 2, 3, and 4 of this Act [amending this section and sections 1451 and 1452 of this title] and the provisions of section 5 of this Act [set out as a note under section 1448 of this title] shall be effective on the first day of the second calendar month following the month in which this Act is enacted [October 1980] and shall apply to annuities payable by virtue of such amendments and provisions for months beginning on or after such date. No benefits shall accrue to any person by virtue of the enactment of this Act [Pub. L. 96–402] for any period before the date of the enactment of this Act [Oct. 9, 1980].”
|
||||
|
||||
Effective Date of 1978 AmendmentPub. L. 95–397, title II, § 210, Sept. 30, 1978, 92 Stat. 848, provided that: “(a) Except as provided in subsection (b), the provisions of this title [amending this section and sections 1331 [now 12731] and 1448 to 1452 of this title and enacting provisions set out as notes under this section and section 1448 of this title] and the amendments made by this title shall take effect on October 1, 1978, or on the date of the enactment of this Act [Sept. 30, 1978], whichever is later, and shall apply to annuities payable by virtue of such amendments for months beginning on or after such date. “(b) The amendment made by section 206 [amending section 1331 [now 12731] of this title] shall apply to notifications under section 1331(d) [now 12731(d)] of title 10, United States Code, after the date of the enactment of this Act [Sept. 30, 1978].”
|
||||
|
||||
Effective Date of 1976 AmendmentPub. L. 94–496, § 3, Oct. 14, 1976, 90 Stat. 2376, provided that: “This Act [amending this section and sections 1448, 1450, 1451, and 1452 of this title, and amending provisions set out as a note under section 1448 of this title] shall be effective as of September 21, 1972. No pay shall accrue to any person by virtue of the enactment of this Act for any period prior to October 1, 1976.”
|
||||
|
||||
Short Title of 1989 AmendmentPub. L. 101–189, div. A, title XIV, § 1401, Nov. 29, 1989, 103 Stat. 1577, provided that: “This title [enacting subchapter III of this chapter, amending this section and sections 1331 [now 12731], 1448 to 1452, and 1454 of this title and section 3101 [now 5301] of Title 38, Veterans’ Benefits, and enacting provisions set out as notes under sections 1448, 1451, 1452, 1456, and 12731 of this title] may be cited as the ‘Military Survivor Benefits Improvement Act of 1989’.”
|
||||
|
||||
Short Title of 1985 AmendmentPub. L. 99–145, title VII, § 701, Nov. 8, 1985, 99 Stat. 666, provided that: “This title [amending this section and sections 1448, 1450 to 1452, and 1455 of this title, enacting provisions set out as notes under this section and sections 1448 and 1452 of this title, and repealing a provision set out as a note under section 1451 of this title] may be cited as the ‘Survivor Benefit Plan Amendments of 1985’.”
|
||||
|
||||
Short Title of 1980 AmendmentPub. L. 96–402, § 1, Oct. 9, 1980, 94 Stat. 1705, provided: “That this Act [amending this section and sections 1451 and 1452 of this title, enacting provisions set out as notes under this section and section 1448 of this title, and amending provisions set out as a note under section 1448 of this title] may be cited as the ‘Uniformed Services Survivor Benefits Amendments of 1980’.”
|
||||
|
||||
End of 90-Day Period With Respect to Certain IndividualsPub. L. 95–397, title II, § 208, Sept. 30, 1978, 92 Stat. 848, as amended by Pub. L. 96–107, title VIII, § 816, Nov. 9, 1979, 93 Stat. 818, provided that the 90-day period referred to in former sections 1447(2)(C) and 1448(a)(2) and (4)(B) of this title was to be considered to end on Mar. 31, 1980, for an individual who would have been eligible for retired pay under former chapter 67 of this title on the effective date of title II of Pub. L. 95–397 (see Effective Date of 1978 Amendment note above), but for the fact such individual was under 60 years of age, or for an individual who received before Jan. 1, 1980, a notification that such individual had completed the years of service required for eligibility for such retired pay.
|
||||
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|
||||
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1448a - Election to discontinue participation: one-year opportunity after second anniversary of commencement of payment of retired pay
|
||||
|
||||
## Text
|
||||
|
||||
(a) Authority.— A participant in the Plan may, subject to the provisions of this section, elect to discontinue participation in the Plan at any time during the one-year period beginning on the second anniversary of the date on which payment of retired pay to the participant commences.
|
||||
|
||||
(b) Concurrence of Spouse.— (1) Concurrence required.— A married participant may not (except as provided in paragraph (2)) make an election under subsection (a) without the concurrence of the participant’s spouse.
|
||||
|
||||
(2) Exceptions.— A participant may make such an election without the concurrence of the participant’s spouse by establishing to the satisfaction of the Secretary concerned that one of the conditions specified in section 1448(a)(3)(C) of this title exists.
|
||||
|
||||
(3) Form of concurrence.— The concurrence of a spouse under paragraph (1) shall be made in such written form and shall contain such information as may be required under regulations prescribed by the Secretary of Defense.
|
||||
|
||||
(c) Limitation on Election When Former Spouse Coverage in Effect.— The limitation set forth in section 1450(f)(2) of this title applies to an election to discontinue participation in the Plan under subsection (a).
|
||||
|
||||
(d) Withdrawal of Election To Discontinue.— Section 1448(b)(1)(D) of this title applies to an election under subsection (a).
|
||||
|
||||
(e) Consequences of Discontinuation.— Section 1448(b)(1)(E) of this title applies to an election under subsection (a).
|
||||
|
||||
(f) Notice to Affected Beneficiaries.— The Secretary concerned shall notify any former spouse or other natural person previously designated under section 1448(b) of this title of an election to discontinue participation under subsection (a).
|
||||
|
||||
(g) Effective Date of Election.— An election under subsection (a) is effective as of the first day of the first calendar month following the month in which the election is received by the Secretary concerned.
|
||||
|
||||
(h) Inapplicability of Irrevocability Provisions.— Paragraphs (4)(B) and (5)(C) of section 1448(a) of this title do not apply to prevent an election under subsection (a).
|
||||
|
||||
(Added Pub. L. 105–85, div. A, title VI, § 641(a)(1), Nov. 18, 1997, 111 Stat. 1797.)
|
||||
|
||||
## Notes
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DatePub. L. 105–85, div. A, title VI, § 641(c), Nov. 18, 1997, 111 Stat. 1799, provided that: “Section 1448a of title 10, United States Code, as added by subsection (a), shall take effect 180 days after the date of the enactment of this Act [Nov. 18, 1997].”
|
||||
|
||||
Transition Provision for Current ParticipantsPub. L. 105–85, div. A, title VI, § 641(b), Nov. 18, 1997, 111 Stat. 1798, provided that: “Notwithstanding the limitation on the time for making an election under section 1448a of title 10, United States Code (as added by subsection (a)), that is specified in subsection (a) of such section, a participant in the Survivor Benefit Plan under subchapter II of chapter 73 of such title may make an election in accordance with that section within one year after the effective date of that section under subsection (c) [set out as an Effective Date note above] if the second anniversary of the commencement of payment of retired pay to the participant precedes that effective date.”
|
||||
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|
||||
chapter_name: "ANNUITIES BASED ON RETIRED OR RETAINER PAY"
|
||||
section: "1449"
|
||||
citation: "10 U.S.C. § 1449"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s1449"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
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|
||||
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||||
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|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1449 - Mental incompetency of member
|
||||
|
||||
## Text
|
||||
|
||||
(a) Election by Secretary Concerned on Behalf of Mentally Incompetent Member.— If a person to whom section 1448 of this title applies is determined to be mentally incompetent by medical officers of the armed force concerned or of the Department of Veterans Affairs, or by a court of competent jurisdiction, an election described in subsection (a)(2) or (b) of section 1448 of this title may be made on behalf of that person by the Secretary concerned.
|
||||
|
||||
(b) Revocation of Election by Member.— (1) Authority upon subsequent determination of mental competence.— If a person for whom the Secretary has made an election under subsection (a) is later determined to be mentally competent by an authority named in that subsection, that person may, within 180 days after that determination, revoke that election.
|
||||
|
||||
(2) Deductions from retired pay or CRSC not to be refunded.— Any deduction made from retired pay or combat-related special compensation by reason of such an election may not be refunded.
|
||||
|
||||
(Added Pub. L. 92–425, § 1(3), Sept. 21, 1972, 86 Stat. 708; amended Pub. L. 95–397, title II, § 207(a), Sept. 30, 1978, 92 Stat. 848; Pub. L. 101–189, div. A, title XIV, § 1407(a)(3), title XVI, § 1621(a)(1), Nov. 29, 1989, 103 Stat. 1588, 1602; Pub. L. 104–201, div. A, title VI, § 634, Sept. 23, 1996, 110 Stat. 2560; Pub. L. 114–328, div. A, title VI, § 643(c)(1), Dec. 23, 2016, 130 Stat. 2166.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2016—Subsec. (b)(2). Pub. L. 114–328 inserted “or CRSC” after “retired pay” in heading and “or combat-related special compensation” after “from retired pay” in text. 1996—Pub. L. 104–201 amended section generally. Prior to amendment, section read as follows: “If a person to whom section 1448 of this title applies is determined to be mentally incompetent by medical officers of the armed force concerned or of the Department of Veterans Affairs, or by a court of competent jurisdiction, any election described in subsection (a)(2) or (b) of section 1448 of this title may be made on behalf of that person by the Secretary concerned. If the person for whom the Secretary has made an election is later determined to be mentally competent by an authority named in the first sentence, he may, within 180 days after that determination revoke that election. Any deductions made from retired pay by reason of such an election will not be refunded.” 1989—Pub. L. 101–189 substituted “Department of Veterans Affairs” for “Veterans’ Administration” and struck out “or retainer” after “made from retired”. 1978—Pub. L. 95–397 substituted “subsection (a)(2) or (b)” for “the first sentence of subsection (a), or subsection (b)”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1978 AmendmentAmendment by Pub. L. 95–397 effective Oct. 1, 1978, and applicable to annuities payable by virtue of amendment for months beginning on or after such date, see section 210 of Pub. L. 95–397, set out as a note under section 1447 of this title.
|
||||
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@@ -0,0 +1,47 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 1453"
|
||||
description: "Recovery of amounts erroneously paid"
|
||||
jurisdiction: "us"
|
||||
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|
||||
kind: "code_section"
|
||||
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|
||||
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|
||||
chapter_number: "73"
|
||||
chapter_name: "ANNUITIES BASED ON RETIRED OR RETAINER PAY"
|
||||
section: "1453"
|
||||
citation: "10 U.S.C. § 1453"
|
||||
status: "current"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1453 - Recovery of amounts erroneously paid
|
||||
|
||||
## Text
|
||||
|
||||
(a) Recovery.— In addition to any other method of recovery provided by law, the Secretary concerned may authorize the recovery of any amount erroneously paid to a person under this subchapter by deduction from later payments to that person.
|
||||
|
||||
(b) Authority To Waive Recovery.— Recovery of an amount erroneously paid to a person under this subchapter is not required if, in the judgment of the Secretary concerned—
|
||||
|
||||
(1) there has been no fault by the person to whom the amount was erroneously paid; and
|
||||
|
||||
(2) recovery of such amount would be contrary to the purposes of this subchapter or against equity and good conscience.
|
||||
|
||||
(Added Pub. L. 92–425, § 1(3), Sept. 21, 1972, 86 Stat. 710; amended Pub. L. 104–201, div. A, title VI, § 634, Sept. 23, 1996, 110 Stat. 2577; Pub. L. 104–316, title I, § 105(a), Oct. 19, 1996, 110 Stat. 3830.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1996—Pub. L. 104–201 substituted “amounts” for “annuity” in section catchline and amended text generally. Prior to amendment, text read as follows: “In addition to other methods of recovery provided by law, the Secretary concerned may authorize the recovery, by deduction from later payments to a person, of any amount erroneously paid to him under this subchapter. However, recovery is not required if, in the judgment of the Secretary concerned and the Comptroller General, there has been no fault by the person to whom the amount was erroneously paid and recovery would be contrary to the purposes of this subchapter or against equity and good conscience.” Subsec. (b). Pub. L. 104–316 struck out “and the Comptroller General” after “judgment of the Secretary concerned” in introductory provisions.
|
||||
@@ -0,0 +1,43 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 1454"
|
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|
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|
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|
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|
||||
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|
||||
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|
||||
status: "current"
|
||||
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release_date: "2026-06-26"
|
||||
source: "official"
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|
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source_identifier: "/us/usc/t10/s1454"
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source_file: "data/legal/raw/us/code/title-10/usc10.xml"
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confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1454 - Correction of administrative errors
|
||||
|
||||
## Text
|
||||
|
||||
(a) Authority.— The Secretary concerned may, under regulations prescribed under section 1455 of this title, correct or revoke any election under this subchapter when the Secretary considers it necessary to correct an administrative error.
|
||||
|
||||
(b) Finality.— Except when procured by fraud, a correction or revocation under this section is final and conclusive on all officers of the United States.
|
||||
|
||||
(Added Pub. L. 92–425, § 1(3), Sept. 21, 1972, 86 Stat. 711; amended Pub. L. 101–189, div. A, title XIV, § 1407(a)(10)(A), Nov. 29, 1989, 103 Stat. 1589; Pub. L. 104–201, div. A, title VI, § 634, Sept. 23, 1996, 110 Stat. 2577.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1996—Pub. L. 104–201 amended section generally. Prior to amendment, section read as follows: “The Secretary concerned may, under regulations prescribed under section 1455 of this title, correct or revoke any election under this subchapter when he considers it necessary to correct an administrative error. Except when procured by fraud, a correction or revocation under this section is final and conclusive on all officers of the United States.” 1989—Pub. L. 101–189 substituted “errors” for “deficiencies” in section catchline.
|
||||
@@ -0,0 +1,89 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 1455"
|
||||
description: "Regulations"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "73"
|
||||
chapter_name: "ANNUITIES BASED ON RETIRED OR RETAINER PAY"
|
||||
section: "1455"
|
||||
citation: "10 U.S.C. § 1455"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s1455"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
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source_hash: "f26e12c7f949637ce415f51fabce17d975747627230c7983eba25b44edbd8e0e"
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confidence: "official"
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1455 - Regulations
|
||||
|
||||
## Text
|
||||
|
||||
(a) In General.— The President shall prescribe regulations to carry out this subchapter. Those regulations shall, so far as practicable, be uniform for the uniformed services.
|
||||
|
||||
(b) Notice of Elections.— Regulations prescribed under this section shall provide that before the date on which a member becomes entitled to retired pay—
|
||||
|
||||
(1) if the member is married, the member and the member’s spouse shall be informed of the elections available under section 1448(a) of this title and the effects of such elections; and
|
||||
|
||||
(2) if the notification referred to in section 1448(a)(3)(E) of this title is required, any former spouse of the member shall be informed of the elections available and the effects of such elections.
|
||||
|
||||
(c) Procedure for Depositing Certain Receipts.— Regulations prescribed under this section shall establish procedures for depositing the amounts referred to in sections 1448(g), 1450(k)(2), and 1452(d) of this title.
|
||||
|
||||
(d) Payments to Guardians, Fiduciaries, and Special Needs Trusts.— (1) In general.— Regulations prescribed under this section shall provide procedures for the payment of an annuity under this subchapter in the case of—
|
||||
|
||||
(A) a person for whom a guardian or other fiduciary has been appointed;
|
||||
|
||||
(B) a minor, mentally incompetent, or otherwise legally disabled person for whom a guardian or other fiduciary has not been appointed; and
|
||||
|
||||
(C) a dependent child incapable of self-support because of mental or physical incapacity for whom a supplemental or special needs trust has been established under subparagraph (A) or (C) of section 1917(d)(4) of the Social Security Act (42 U.S.C. 1396p(d)(4)).
|
||||
|
||||
(2) Authorized procedures.— The regulations under paragraph (1) may include provisions for the following:
|
||||
|
||||
(A) In the case of an annuitant referred to in paragraph (1)(A), payment of the annuity to the appointed guardian or other fiduciary.
|
||||
|
||||
(B) In the case of an annuitant referred to in paragraph (1)(B), payment of the annuity to any person who, in the judgment of the Secretary concerned, is responsible for the care of the annuitant.
|
||||
|
||||
(C) In the case of an annuitant referred to in paragraph (1)(C), payment of the annuity to the supplemental or special needs trust established for the annuitant.
|
||||
|
||||
(D) Subject to subparagraphs (E) and (F), a requirement for the payee of an annuity to spend or invest the amounts paid on behalf of the annuitant solely for benefit of the annuitant.
|
||||
|
||||
(E) Authority for the Secretary concerned to permit the payee to withhold from the annuity payment such amount, not in excess of 4 percent of the annuity, as the Secretary concerned considers a reasonable fee for the fiduciary services of the payee when a court appointment order provides for payment of such a fee to the payee for such services or the Secretary concerned determines that payment of a fee to such payee is necessary in order to obtain the fiduciary services of the payee.
|
||||
|
||||
(F) Authority for the Secretary concerned to require the payee to provide a surety bond in an amount sufficient to protect the interests of the annuitant and to pay for such bond out of the annuity.
|
||||
|
||||
(G) A requirement for the payee of an annuity to maintain and, upon request, to provide to the Secretary concerned an accounting of expenditures and investments of amounts paid to the payee.
|
||||
|
||||
(H) In the case of an annuitant referred to in paragraph (1)(B) or (1)(C)—
|
||||
|
||||
(i) procedures for determining incompetency and for selecting a payee to represent the annuitant for the purposes of this section, including provisions for notifying the annuitant of the actions being taken to make such a determination and to select a representative payee, an opportunity for the annuitant to review the evidence being considered, and an opportunity for the annuitant to submit additional evidence before the determination is made;
|
||||
|
||||
(ii) standards for determining incompetency, including standards for determining the sufficiency of medical evidence and other evidence; and
|
||||
|
||||
(iii) procedures for determining when annuity payments to a supplemental or special needs trust shall end based on the death or marriage of the dependent child for which the trust was established.
|
||||
|
||||
(I) Provisions for any other matter that the President considers appropriate in connection with the payment of an annuity in the case of a person referred to in paragraph (1).
|
||||
|
||||
(3) Legal effect of payment to guardian, fiduciary, or trust.— An annuity paid to a person on behalf of an annuitant in accordance with the regulations prescribed pursuant to paragraph (1) discharges the obligation of the United States for payment to the annuitant of the amount of the annuity so paid.
|
||||
|
||||
(Added Pub. L. 92–425, § 1(3), Sept. 21, 1972, 86 Stat. 711; amended Pub. L. 99–145, title VII, § 724, Nov. 8, 1985, 99 Stat. 678; Pub. L. 102–190, div. A, title VI, § 654(a), Dec. 5, 1991, 105 Stat. 1389; Pub. L. 104–201, div. A, title VI, § 634, Sept. 23, 1996, 110 Stat. 2577; Pub. L. 113–291, div. A, title VI, § 624(b), Dec. 19, 2014, 128 Stat. 3404.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2014—Subsec. (d). Pub. L. 113–291, § 624(b)(1), substituted “, Fiduciaries, and Special Needs Trusts” for “and Fiduciaries” in heading. Subsec. (d)(1)(C). Pub. L. 113–291, § 624(b)(2), added subpar. (C). Subsec. (d)(2)(C). Pub. L. 113–291, § 624(b)(3)(B), added subpar. (C). Former subpar. (C) redesignated (D). Subsec. (d)(2)(D). Pub. L. 113–291, § 624(b)(3)(A), (C), redesignated subpar. (C) as (D) and substituted “subparagraphs (E) and (F)” for “subparagraphs (D) and (E)”. Subsec. (d)(2)(E) to (G). Pub. L. 113–291, § 624(b)(3)(A), redesignated subpars. (D) to (F) as (E) to (G), respectively. Former subpar. (G) redesignated (H). Subsec. (d)(2)(H). Pub. L. 113–291, § 624(b)(3)(A), (D), redesignated subpar. (G) as (H), inserted “or (1)(C)” after “(1)(B)” in introductory provisions, and added cl. (iii). Subsec. (d)(2)(I). Pub. L. 113–291, § 624(b)(3)(A), redesignated subpar. (H) as (I). Subsec. (d)(3). Pub. L. 113–291, § 624(b)(4), substituted “, fiduciary, or trust” for “or fiduciary” in heading. 1996—Pub. L. 104–201 amended section generally, revising and restating provisions relating to regulations to carry out this subchapter. 1991—Subsecs. (a) to (d). Pub. L. 102–190 designated existing provisions as subsec. (a) and added subsecs. (b) to (d). 1985—Pars. (1), (2). Pub. L. 99–145 amended pars. (1) and (2) generally. Prior to amendment, pars. (1) and (2) read as follows: “(1) provide that, when the notification referred to in section 1448(a) of this title is required, the member and his spouse shall, before the date the member becomes entitled to retired or retainer pay, be informed of the elections available and the effects of such elections; and “(2) establish procedures for depositing the amounts referred to in section 1452(d) of this title.”
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1985 AmendmentAmendment by title VII of Pub. L. 99–145 effective Mar. 1, 1986, with prohibition against accrual of benefits to any person by reason of the enactment of such title VII for any period before Mar. 1, 1986, see section 731 of Pub. L. 99–145, set out as a note under section 1447 of this title.
|
||||
@@ -0,0 +1,49 @@
|
||||
---
|
||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
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|
||||
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|
||||
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|
||||
chapter_number: "73"
|
||||
chapter_name: "ANNUITIES BASED ON RETIRED OR RETAINER PAY"
|
||||
section: "1456 to 1460b"
|
||||
citation: "10 U.S.C. § 1456 to 1460b"
|
||||
status: "current"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
confidence: "official"
|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1456 to 1460b - Repealed. Pub. L. 108–375, div. A, title VI, § 644(b)(2), Oct. 28, 2004, 118 Stat. 1961]
|
||||
|
||||
## Notes
|
||||
|
||||
Section 1456, added Pub. L. 101–189, div. A, title XIV, § 1404(a)(1), Nov. 29, 1989, 103 Stat. 1580, related to supplemental spouse coverage: establishment of plan; definitions.
|
||||
|
||||
Section 1457, added Pub. L. 101–189, div. A, title XIV, § 1404(a)(1), Nov. 29, 1989, 103 Stat. 1580; amended Pub. L. 102–190, div. A, title VI, § 653(b)(1), Dec. 5, 1991, 105 Stat. 1388; Pub. L. 103–337, div. A, title X, § 1070(e)(5), Oct. 5, 1994, 108 Stat. 2859; Pub. L. 108–375, div. A, title VI, § 644(b)(1), Oct. 28, 2004, 118 Stat. 1960, related to supplemental spouse coverage: payment of annuity; amount.
|
||||
|
||||
Section 1458, added Pub. L. 101–189, div. A, title XIV, § 1404(a)(1), Nov. 29, 1989, 103 Stat. 1581; amended Pub. L. 102–190, div. A, title VI, § 653(c)(1), Dec. 5, 1991, 105 Stat. 1388; Pub. L. 108–136, div. A, title VI, § 645(b)(2), Nov. 24, 2003, 117 Stat. 1519; Pub. L. 108–375, div. A, title X, § 1084(d)(10), Oct. 28, 2004, 118 Stat. 2061, related to supplemental spouse coverage: eligible participants; elections of coverage.
|
||||
|
||||
Section 1459, added Pub. L. 101–189, div. A, title XIV, § 1404(a)(1), Nov. 29, 1989, 103 Stat. 1584, related to former spouse coverage: special rules.
|
||||
|
||||
Section 1460, added Pub. L. 101–189, div. A, title XIV, § 1404(a)(1), Nov. 29, 1989, 103 Stat. 1584; amended Pub. L. 102–190, div. A, title VI, § 653(b)(2), Dec. 5, 1991, 105 Stat. 1388; Pub. L. 110–181, div. A, title IX, § 906(c)(2), Jan. 28, 2008, 122 Stat. 277, related to supplemental spouse coverage: reductions in retired pay.
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Section 1460a, added Pub. L. 101–189, div. A, title XIV, § 1404(a)(1), Nov. 29, 1989, 103 Stat. 1585; amended Pub. L. 101–510, div. A, title XIV, § 1484(k)(5), Nov. 5, 1990, 104 Stat. 1719, related to incorporation of certain administrative provisions.
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Section 1460b, added Pub. L. 101–189, div. A, title XIV, § 1404(a)(1), Nov. 29, 1989, 103 Stat. 1585, related to regulations.
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Statutory Notes and Related Subsidiaries
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Effective Date of RepealPub. L. 108–375, div. A, title VI, § 644(b)(2), Oct. 28, 2004, 118 Stat. 1961, provided that the repeal of this subchapter by section 644(b)(2) is effective Apr. 1, 2008.
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Reference in New Issue
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