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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. § 1438 Deposits for amounts not deducted us united_states_code code_section 10 ARMED FORCES 73 ANNUITIES BASED ON RETIRED OR RETAINER PAY 1438 10 U.S.C. § 1438 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/s1438 data/legal/raw/us/code/title-10/usc10.xml 4307906bf81460ae659a9644b89b703cc114f745bf19249120c6c6b8c61b7cba 06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1 ee37e6e958a382701ad53762366a69acfd89ed7b1956b11bd363209f5d38a241 2026-07-04 official
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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. 92425, § 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. 92425 substituted “subchapter” for “chapter”.