10 U.S.C. § 1446 — Restriction on participation

FEDERAL · 10 U.S.C. · Chapter 73

Restriction on participation

Current through Pub. L. 119-99

Title 10 — Armed Forces·Ch. 73 — ANNUITIES BASED ON RETIRED OR RETAINER PAY·Subch. I

(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 annui

Free access — add to your briefcase to read the full text and ask questions with AI

(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.

10 U.S.C. § 1446 (Restriction on participation) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Source Credit

History

(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.)

Editorial Notes

Editorial Notes

Amendments
1972—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 Amendment
Amendment 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.

Editorial Notes

Amendments
1997—Pub. L. 105–85, div. A, title VI, §641(a)(2), Nov. 18, 1997, 111 Stat. 1798, added item 1448a.
1996—Pub. L. 104–201, div. A, title VI, §634, Sept. 23, 1996, 110 Stat. 2551, amended analysis generally, reenacting items 1447 to 1452, 1454, and 1455 without change and substituting "Recovery of amounts" for "Recovery of annuity" in item 1453.
1989—Pub. L. 101–189, div. A, title XIV, §1407(a)(10)(B), Nov. 29, 1989, 103 Stat. 1589, substituted "errors" for "deficiencies" in item 1454.
1985—Pub. L. 99–145, title VII, §719(8)(B), Nov. 8, 1985, 99 Stat. 676, struck out "or retainer" after "retired" in item 1452.
1972—Pub. L. 92–424, §1(3), Sept. 21, 1972, 86 Stat. 706, added subchapter II heading and items 1447 to 1455.