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

Federal law — U.S. Code and appendices · legal_authorities

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

**(a)** Notwithstanding [section 1441 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1441&num=0&edition=prelim), 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.

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Source location: Title 10, Chapter 73, § 1446; chapter-073-annuities-based-on-retired-or-retainer-pay.md

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1431 — Election of annuity: members of armed forces

**(a)** This section applies to all members of the armed forces except— (1) members whose names are on a retired list other than a list maintained under [section 12774(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12774/a&num=0&edition=prelim); (2) cadets at the United States Military Academy, the United States Air Force Academy, or the Coast Guard Academy; and (3) midshipmen. **(b)** To provide an annuity under [section 1434 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1434&num=0&edition=prelim), a person covered by subsection (a) may elect to receive a reduced amount of the retired pay or retainer pay to which he may become entitled as a result of service in his armed force. Except as otherwise provided in this section, unless it is made before he completes nineteen years of service for which he is entitled to credit in the computation of his basic pay, the election must be made at least two years before the first day for which retired pay or retainer pay is granted. However, if, because of military operations, a member is assigned to an isolated station or is missing, interned in a neutral country, captured by a hostile force, or beleaguered or besieged, and for that reason is unable to make an election before completing nineteen years of that service, he may make the election, to become effective immediately, within one year after he ceases to be assigned to that station or returns to the jurisdiction of his armed force, as the case may be. A member to whom retired pay or retainer pay is granted retroactively, and who is otherwise eligible to make an election, may make the election within ninety days after receiving notice that such pay has been granted to him. An elect

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 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.

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Federal law — U.S. Code and appendices · legal_authorities

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

Page 1348 TITLE 10—ARMED FORCES § 1445 105–85, div. A, title X, § 1073(a)(26), Nov. 18, 1997, 111 Stat. 1901.) Editorial Notes AMENDMENTS 1997—Subsec. (b). Pub. L. 105–85 substituted ‘‘section 1455(d)(2)’’ for ‘‘section 1455(c)’’. § 1445. Correction of administrative deficiencies Whenever he considers it necessary, the Sec- retary concerned may, under regulations pre- scribed under section 1444(a) of this title, correct any election, or any change or revocation of an election, under this subchapter when he con- siders it necessary to correct an administrative error. Except when procured by fraud, a correc- tion 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.) Editorial Notes AMENDMENTS 1972—Pub. L. 92–425 substituted ‘‘subchapter’’ for ‘‘chapter’’. § 1446. Restriction on participation (a) Notwithstanding section 1441 of this title, if a person— (1) has made an election under this sub- chapter; 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 en- titled to the annuities provided under this sub- chapter 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 bene- ficiaries are not eligible for benefits under chap- ter 11 or 13 of title 38, the annuity shall begin on the first day of the month in which the death oc- curs. (b) Whenever the beneficiaries on whose behalf the election was made are restricted, under sub- section (a), from participating in the annuities

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