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2026-07-06 09:52:37 -04:00

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LegalText 10 U.S.C. § 1449 Mental incompetency of member us united_states_code code_section 10 ARMED FORCES 73 ANNUITIES BASED ON RETIRED OR RETAINER PAY 1449 10 U.S.C. § 1449 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/s1449 data/legal/raw/us/code/title-10/usc10.xml e0b143cfcd5c01d706cae50354311da7330116e28b3e1d620050b777dd54daec 06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1 1f5853032170bd9b2006ca52ab20fba92d3622e3fdeff70bdd250917e9ed8c9e 2026-07-04 official
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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. 92425, § 1(3), Sept. 21, 1972, 86 Stat. 708; amended Pub. L. 95397, title II, § 207(a), Sept. 30, 1978, 92 Stat. 848; Pub. L. 101189, div. A, title XIV, § 1407(a)(3), title XVI, § 1621(a)(1), Nov. 29, 1989, 103 Stat. 1588, 1602; Pub. L. 104201, div. A, title VI, § 634, Sept. 23, 1996, 110 Stat. 2560; Pub. L. 114328, div. A, title VI, § 643(c)(1), Dec. 23, 2016, 130 Stat. 2166.)

Notes

Editorial Notes

Amendments2016—Subsec. (b)(2). Pub. L. 114328 inserted “or CRSC” after “retired pay” in heading and “or combat-related special compensation” after “from retired pay” in text. 1996—Pub. L. 104201 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. 101189 substituted “Department of Veterans Affairs” for “Veterans Administration” and struck out “or retainer” after “made from retired”. 1978—Pub. L. 95397 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. 95397 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. 95397, set out as a note under section 1447 of this title.