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10 U.S.C. § 1444 (ARMED FORCES)
§ 1444. Regulations; determinations
(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.)
text: Historical and Revision Notes
Revised section
Source (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.
heading: Amendments
text: 1980—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.
heading: Effective Date of 1980 Amendment
text: Amendment 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.
heading: Repeals
text: The 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.
heading: Transfer of Functions
text: For transfer of functions of Public Health Service, see note under section 802 of this title.
10 U.S.C. § 1444a (ARMED FORCES)
§ 1444a. Regulations regarding payment of annuity to a representative payee
(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.)
heading: Amendments
text: 1997—Subsec. (b). Pub. L. 105–85 substituted “section 1455(d)(2)” for “section 1455(c)”.
10 U.S.C. § 1445 (ARMED FORCES)
§ 1445. Correction of administrative deficiencies
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.)
heading: Amendments
text: 1972—Pub. L. 92–425 substituted “subchapter” for “chapter”.
10 U.S.C. § 1446 (ARMED FORCES)
§ 1446. Restriction on participation
(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.)
heading: Amendments
text: 1972—Pub. L. 92–425 substituted “subchapter” for “chapter” wherever appearing.
1968—Subsec. (a)(2). Pub. L. 90–485 substituted “19” for “18”.
heading: Effective Date of 1968 Amendment
text: 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.
10 U.S.C. § 1449 (ARMED FORCES)
§ 1449. Mental incompetency of member
(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 not to be refunded.—
Any deduction made from retired pay 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.)
heading: Amendments
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)”.
heading: Effective Date of 1978 Amendment
text: Amendment 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.
10 U.S.C. § 1453 (ARMED FORCES)
§ 1453. Recovery of amounts erroneously paid
(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.)
heading: Amendments
text: 1996—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.
10 U.S.C. § 1454 (ARMED FORCES)
§ 1454. Correction of administrative errors
(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.)
heading: Amendments
text: 1996—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.
10 U.S.C. § 1456 to 1460b (ARMED FORCES)
[§§ 1456 to 1460b. Repealed. Pub. L. 108–375, div. A, title VI, § 644(b)(2), Oct. 28, 2004, 118 Stat. 1961]
text: 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.
text: 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.
text: 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.
text: 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.
text: 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.
text: 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.
text: Section 1460b, added Pub. L. 101–189, div. A, title XIV, § 1404(a)(1), Nov. 29, 1989, 103 Stat. 1585, related to regulations.
heading: Effective Date of Repeal
text: Pub. 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.
10 U.S.C. § 1461 (ARMED FORCES)
§ 1461. Establishment and purpose of Fund; definition
(a) There is established on the books of the Treasury a fund to be known as the Department of Defense Military Retirement Fund (hereinafter in this chapter referred to as the “Fund”), which shall be administered by the Secretary of the Treasury. The Fund shall be used for the accumulation of funds in order to finance on an actuarially sound basis liabilities of the Department of Defense under military retirement and survivor benefit programs.
(b) In this chapter, the term “military retirement and survivor benefit programs” means—
(1) the provisions of this title creating entitlement to, or determining the amount of, retired or retainer pay;
(2) the programs under the jurisdiction of the Department of Defense providing annuities for survivors of members and former members of the armed forces, including chapter 73 of this title, section 4 of Public Law 92–425, and section 5 of Public Law 96–402; and
(3) the authority provided in section 1408(h) of this title.
(Added Pub. L. 98–94, title IX, § 925(a)(1), Sept. 24, 1983, 97 Stat. 644; amended Pub. L. 101–189, div. A, title XVI, § 1622(e)(7), Nov. 29, 1989, 103 Stat. 1605; Pub. L. 102–484, div. A, title VI, § 653(b)(1), Oct. 23, 1992, 106 Stat. 2428.)
heading: References in Text
text: Section 4 of Public Law 92–425, referred to in subsec. (b)(2), is set out as a note under section 1448 of this title.
Section 5 of Public Law 96–402, referred to in subsec. (b)(2), is set out as a note under section 1448 of this title.
heading: Amendments
text: 1992—Subsec. (b)(3). Pub. L. 102–484 added par. (3).
1989—Subsec. (b). Pub. L. 101–189 inserted “the term” after “In this chapter,”.
10 U.S.C. § 1462 (ARMED FORCES)
§ 1462. Assets of Fund
There shall be deposited into the Fund the following, which shall constitute the assets of the Fund:
(1) Amounts paid into the Fund under section 1466 of this title.
(2) Any amount appropriated to the Fund.
(3) Any return on investment of the assets of the Fund.
(Added Pub. L. 98–94, title IX, § 925(a)(1), Sept. 24, 1983, 97 Stat. 645.)
heading: Transfer of Appropriations
text: Pub. L. 98–94, title IX, § 925(b)(3), Sept. 24, 1983, 97 Stat. 648, required transfer into the Fund on Oct. 1, 1984, of any unobligated balances of appropriations made to the Department of Defense that had been currently available for retired pay, and provided that amounts so transferred would be deemed part of the assets of the Fund.
10 U.S.C. § 1464 (ARMED FORCES)
[§ 1464. Repealed. Pub. L. 110–181, div. A, title IX, § 906(b)(1)(A), Jan. 28, 2008, 122 Stat. 277]
text: Section, added Pub. L. 98–94, title IX, § 925(a)(1), Sept. 24, 1983, 97 Stat. 645; amended Pub. L. 98–525, title XIV, § 1405(27), Oct. 19, 1984, 98 Stat. 2623, established in the Department of Defense a Department of Defense Retirement Board of Actuaries.
10 U.S.C. § 1467 (ARMED FORCES)
§ 1467. Investment of assets of Fund
The Secretary of the Treasury shall invest such portion of the Fund as is not in the judgment of the Secretary of Defense required to meet current withdrawals. Such investments shall be in public debt securities with maturities suitable to the needs of the Fund, as determined by the Secretary of Defense, and bearing interest at rates determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturities. The income on such investments shall be credited to and form a part of the Fund.
(Added Pub. L. 98–94, title IX, § 925(a)(1), Sept. 24, 1983, 97 Stat. 648.)
10 U.S.C. § 1479 (ARMED FORCES)
§ 1479. Death gratuity: delegation of determinations, payments
For the purpose of making immediate payments under section 1475 of this title, the Secretary concerned shall—
(1) authorize the commanding officer of a territorial command, installation, or district in which a survivor of a person covered by that section is residing to determine the beneficiary eligible for the death gratuity; and
(2) authorize a disbursing or certifying official of each of those commands, installations, or districts to make the payments to the beneficiary, or certify the payments due them, as the case may be.
(Added Pub. L. 85–861, § 1(32)(A), Sept. 2, 1958, 72 Stat. 1455; amended Pub. L. 97–258, § 2(b)(1)(A), Sept. 13, 1982, 96 Stat. 1052.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
1479
38:1132.
Aug. 1, 1956, ch. 837, § 302, 70 Stat. 868.
The word “territorial” is substituted for the words “military or naval”, since the subsection could only apply to that type of command, installation, or district. Clause (2) is substituted for 38:1132(2).
heading: Amendments
text: 1982—Par. (2). Pub. L. 97–258 substituted “official” for “officer”.
10 U.S.C. § 1480 (ARMED FORCES)
§ 1480. Death gratuity: miscellaneous provisions
(a) A payment may not be made under sections 1475–1477 of this title if the decedent was put to death as lawful punishment for a crime or a military offense, unless he was put to death by a hostile force with which the armed forces of the United States were engaged in armed conflict.
(b) A payment may not be made under section 1476 unless the Secretary of Veterans Affairs determines that the decedent was discharged or released, as the case may be, under conditions other than dishonorable from the last period of the duty or training that he performed.
(c) For the purposes of section 1475(a)(3) of this title, the Secretary concerned shall determine whether the decedent was authorized or required to perform the duty or training and whether or not he died from injury so incurred. For the purposes of section 1476 of this title, the Secretary of Veterans Affairs shall make those determinations. In making those determinations, the Secretary concerned or the Secretary of Veterans Affairs, as the case may be, shall consider—
(1) the hour on which the Reserve began to travel directly to or from the duty or training;
(2) the hour at which he was scheduled to arrive for, or at which he ceased performing, that duty or training;
(3) the method of travel used;
(4) the itinerary;
(5) the manner in which the travel was performed; and
(6) the immediate cause of death.
In cases covered by this subsection, the burden of proof is on the claimant.
(d) Payments under sections 1475–1477 of this title shall be made from appropriations available for the payment of members of the armed force concerned.
(Added Pub. L. 85–861, § 1(32)(A), Sept. 2, 1958, 72 Stat. 1455; amended Pub. L. 101–189, div. A, title XVI, § 1621(a)(2), (5), Nov. 29, 1989, 103 Stat. 1603.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
1480(a)
1480(b)
1480(c)
1480(d)
38:1134(a).
38:1133(e).
38:1101(6)(B) (less 1st sentence, as applicable to death gratuity).
38:1134(b).
Aug. 1, 1956, ch. 837, §§ 102(6)(B) (less 1st sentence, as applicable to death gratuity) 303(e), 304(a), (b), 70 Stat. 859, 869.
In subsection (a), the words “was put to death” are substituted for the words “suffered death”. The words “or naval” are omitted as covered by the word “military”.
In subsection (b), the words “last period * * * that he performed” are substituted for the words “such period”.
heading: Amendments
text: 1989—Subsec. (b). Pub. L. 101–189, § 1621(a)(2), substituted “Secretary of Veterans Affairs” for “Administrator of Veterans’ Affairs”.
Subsec. (c). Pub. L. 101–189, § 1621(a)(2), (5), substituted “Secretary of Veterans Affairs” for “Administrator of Veterans’ Affairs” after “section 1476 of this title, the” and “the Secretary concerned or the Secretary of Veterans Affairs” for “the Secretary or the Administrator”.
10 U.S.C. § 1483 (ARMED FORCES)
§ 1483. Prisoners of war and interned enemy aliens
The Secretary concerned may provide for the care and disposition of the remains of prisoners of war and interned enemy aliens who die while in his custody and, incident thereto, pay the necessary expenses of—
(1) notification to the next of kin or other appropriate person;
(2) preparation of the remains for burial, including cremation;
(3) furnishing of clothing;
(4) furnishing of a casket or urn, or both, with outside box;
(5) transportation of the remains to the cemetery or other place selected by the Secretary; and
(6) interment of the remains.
(Aug. 10, 1956, ch. 1041, 70A Stat. 113.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
1483
5:2155 (as applicable to armed forces).
July 15, 1954, ch. 507, § 5 (as applicable to armed forces), 68 Stat. 479.
The list of payable expenses has been rearranged to produce a generally chronological result. The words “incurred for”, and the words “articles of” in clause (3), are omitted as surplusage. In clause (5), the words “cemetery or other place” are substituted for the words “town, city, or cemetery”.