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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 09:52:37 -04:00

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LegalText 10 U.S.C. § 1433 Mental incompetency of member us united_states_code code_section 10 ARMED FORCES 73 ANNUITIES BASED ON RETIRED OR RETAINER PAY 1433 10 U.S.C. § 1433 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip /us/usc/t10/s1433 data/legal/raw/us/code/title-10/usc10.xml 68041f38b3784e064e70089d40b4e4684cac810f1f08e2e4397200a5cbe5bc2f 06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1 2c2c87eef05e6aef4027e2995d1016194eaba537cb58727632653a8d2aa946ad 2026-07-04 official
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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. 101189, 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. 101189 substituted “Department of Veterans Affairs” for “Veterans Administration” in two places.