dreamproit/uscode huggingface dataset:
10 U.S.C. § 1413 (ARMED FORCES)
[§ 1413. Repealed. Pub. L. 108–136, div. A, title VI, § 641(b), Nov. 24, 2003, 117 Stat. 1514]
text: Section, added Pub. L. 106–65, div. A, title VI, § 658(a)(1), Oct. 5, 1999, 113 Stat. 668; amended Pub. L. 106–398, § 1 [[div. A], title VI, § 657(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–166; Pub. L. 107–107, div. A, title VI, § 641(b), (e)(1), (2), Dec. 28, 2001, 115 Stat. 1150, 1151; Pub. L. 107–314, div. A, title VI, § 636(b), Dec. 2, 2002, 116 Stat. 2576; Pub. L. 108–136, div. A, title VI, § 641(c)(1), Nov. 24, 2003, 117 Stat. 1514, related to special compensation for certain severely disabled uniformed services retirees.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of Repeal
text: Repeal effective Jan. 1, 2004, and applicable to payments for months beginning on or after that date, see section 641(e) of Pub. L. 108–136, set out as an Effective Date of 2003 Amendment note under section 1414 of this title.
10 U.S.C. § 1433 (ARMED FORCES)
§ 1433. Mental incompetency of member
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. 101–189, div. A, title XVI, § 1621(a)(1), Nov. 29, 1989, 103 Stat. 1602.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
1433
37:372 (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).
heading: Editorial Notes
heading: Amendments
text: 1989—Pub. L. 101–189 substituted “Department of Veterans Affairs” for “Veterans’ Administration” in two places.
10 U.S.C. § 1438 (ARMED FORCES)
§ 1438. Deposits for amounts not deducted
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. 92–425, § 1(2)(A), Sept. 21, 1972, 86 Stat. 706.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
1438
37:374.
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.
heading: Editorial Notes
heading: Amendments
text: 1972—Pub. L. 92–425 substituted “subchapter” for “chapter”.
10 U.S.C. § 1439 (ARMED FORCES)
§ 1439. Refund of amounts deducted from retired pay
If a person whose name is on the temporary disability retired list of an armed force, and who has elected an annuity under this subchapter, has his name removed from that list for any reason other than retirement or grant of retired pay, he is entitled to a refund of the difference between the amount by which his retired pay was reduced to provide the annuity and the cost of an amount of term insurance equal to the protection provided for his dependents during the period that he was on that list.
(Aug. 10, 1956, ch. 1041, 70A Stat. 111; Pub. L. 92–425, § 1(2)(A), Sept. 21, 1972, 86 Stat. 706.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
1439
37:373(d).
Aug. 8, 1953, ch. 393, § 4(d), 67 Stat. 503.
The words “person whose name is on” are substituted for the words “Any active member or former member on the”. The words “is entitled to a refund” are substituted for the words “shall have refunded to him”. The words “permanent”, “a sum which represents”, and “in accordance with his election under section 372 of this title” are omitted as surplusage. The words “retirement or grant of retired pay” are substituted for the words “permanent retirement”, since under chapter 67 of this title a member of the Army or Air Force may be granted retired pay without being retired.
heading: Editorial Notes
heading: Amendments
text: 1972—Pub. L. 92–425 substituted “subchapter” for “chapter”.
10 U.S.C. § 1440 (ARMED FORCES)
§ 1440. Annuities not subject to legal process
Except as provided in section 1437(c)(3)(B) of this title, no annuity payable under this subchapter is assignable or subject to execution, levy, attachment, garnishment, or other legal process.
(Aug. 10, 1956, ch. 1041, 70A Stat. 111; Pub. L. 92–425, § 1(2)(A), Sept. 21, 1972, 86 Stat. 706; Pub. L. 98–525, title VI, § 642(a)(2), Oct. 19, 1984, 98 Stat. 2546; Pub. L. 99–145, title XIII, § 1303(a)(10), Nov. 8, 1985, 99 Stat. 739.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
1440
37:378.
Aug. 8, 1953, ch. 393, § 9, 67 Stat. 504.
The words “either in law or equity” are omitted as surplusage.
heading: Editorial Notes
heading: Amendments
text: 1985—Pub. L. 99–145 substituted “1437(c)(3)(B)” for “1437(c)(3)”.
1984—Pub. L. 98–525 substituted “Except as provided in section 1437(c)(3) of this title, no” for “No”.
1972—Pub. L. 92–425 substituted “subchapter” for “chapter”.
10 U.S.C. § 1441 (ARMED FORCES)
§ 1441. Annuities in addition to other payments
An annuity under this subchapter is in addition to any pension or other payment to which the beneficiary is entitled under any other provision of law, and may not be considered as income under any law administered by the Department of Veterans Affairs.
(Aug. 10, 1956, ch. 1041, 70A Stat. 111; Pub. L. 85–857, § 13(v)(1), Sept. 2, 1958, 72 Stat. 1266; Pub. L. 85–861, § 1(31B), Sept. 2, 1958, 72 Stat. 1452; Pub. L. 86–211, § 8(a), Aug. 29, 1959, 73 Stat. 436; Pub. L. 91–588, § 8(b), Dec. 24, 1970, 84 Stat. 1584; Pub. L. 92–425, § 1(2)(A), Sept. 21, 1972, 86 Stat. 706; Pub. L. 101–189, div. A, title XVI, § 1621(a)(1), Nov. 29, 1989, 103 Stat. 1602.)
text: Historical and Revision Notes
1956 Act
Revised section
Source (U.S. Code)
Source (Statutes at Large)
1441
37:380.
Aug. 8, 1953, ch. 393, § 11, 67 Stat. 504.
The word “is” is substituted for the words “may now or hereafter be”.
text: 1958 Act
Revised section
Source (U.S. Code)
Source (Statutes at Large)
1441
37:380.
Aug. 1, 1956, ch. 837, § 501(1), 70 Stat. 884.
The change is made to reflect the amendment made by section 501(1) of the Servicemen’s and Veterans’ Survivor Benefits Act (70 Stat. 884) to section 11 of the Uniform Services Contingency Option Act of 1953 (restated in section 1441 of title 10).
heading: Editorial Notes
heading: Amendments
text: 1989—Pub. L. 101–189 substituted “Department of Veterans Affairs” for “Veterans’ Administration”.
1972—Pub. L. 92–425 substituted “subchapter” for “chapter”.
1970—Pub. L. 91–588 struck out “except section 415(g) and chapter 15 of title 38” after “Veterans’ Administration”.
1959—Pub. L. 86–211 inserted reference to chapter 15 of title 38.
1958—Pub. L. 85–861 inserted “except section 1115 of title 38” after “Administration”.
Pub. L. 85–857 substituted “section 415(g) of title 38” for “section 1115 of title 38”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1970 Amendment
text: Amendment by Pub. L. 91–588 effective Jan. 1, 1971, see section 10 of Pub. L. 91–588, set out as a note under section 1521 of Title 38, Veterans’ Benefits.
heading: Effective Date of 1959 Amendment
text: Amendment by Pub. L. 86–211 effective July 1, 1960, see section 10 of Pub. L. 86–211, set out as a note under section 1506 of Title 38, Veterans’ Benefits.
heading: Effective Date of 1958 Amendment
text: Amendment by Pub. L. 85–857 effective Jan. 1, 1959, see section 2 of Pub. L. 85–857, set out as a note preceding Part I of Title 38, Veterans’ Benefits.
10 U.S.C. § 1442 (ARMED FORCES)
§ 1442. Recovery of annuity erroneously paid
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, 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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 111; Pub. L. 92–425, § 1(2)(A), Sept. 21, 1972, 86 Stat. 706; Pub. L. 104–316, title I, § 105(a), Oct. 19, 1996, 110 Stat. 3830.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
1442
37:376.
Aug. 8, 1953, ch. 393, § 7, 67 Stat. 504.
The words “In addition to other methods of recovery provided by law, the Secretary concerned may” are substituted for 37:376(a) (1st 15 words of 1st sentence). The words “from later payments to an annuitant” are substituted for 37:376(a) (2d sentence).
heading: Editorial Notes
heading: Amendments
text: 1996—Pub. L. 104–316 struck out “and the Comptroller General” after “judgment of the Secretary concerned”.
1972—Pub. L. 92–425 substituted “subchapter” for “chapter”.
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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: Executive Documents
heading: Transfer of Functions
text: For transfer of functions of Public Health Service, see note set out 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: Editorial Notes
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: Editorial Notes
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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 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. 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; Pub. L. 114–328, div. A, title VI, § 643(c)(1), Dec. 23, 2016, 130 Stat. 2166.)
heading: Editorial Notes
heading: Amendments
text: 2016—Subsec. (b)(2). Pub. L. 114–328 inserted “or CRSC” after “retired pay” in heading and “or combat-related special compensation” after “from retired pay” in 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: Statutory Notes and Related Subsidiaries
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: Editorial Notes
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: Editorial Notes
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.