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10 U.S.C. § 1435 — Eligible beneficiaries
Federal law — U.S. Code and appendices · legal_authorities
Only the following persons are eligible to be made the beneficiaries of, or to receive payments under, an annuity elected under this subchapter by a member of the armed forces:
(1) The spouse of the member on the date when the member is retired or becomes entitled to retired or retainer pay or, if the member was already retired or entitled to retired or retainer pay on November 1, 1953, the spouse on that date.
(2) The children of the member who are—
(A) unmarried;
(B) under eighteen years of age, or incapable of supporting themselves because of a mental defect or physical incapacity existing before their eighteenth birthday, or at least eighteen, but under twenty-three, years of age and pursuing a full-time course of study or training in a high school, trade school, technical or vocational institute, junior college, college, university, or comparable recognized educational institution;
(C) legitimate or adopted children of, or stepchildren in fact dependent for their support upon, the member;
(D) living on the date when the member is retired or becomes entitled to retired or retainer pay or, if the member was already retired or entitled to retired or retainer pay on November 1, 1953, living on that date; and
(E) born on or before the date prescribed in clause (D).
For the purposes of clause (2)(B), a child is considered to be pursuing a full-time course of study or training during an interval between school years that does not exceed one hundred and fifty days if he has demonstrated to the satisfaction of the Secretary concerned that he has a bonafide intention of commencing, resuming, or continuing to pursue a full-time course of study or training in a recognized educational institution immediately after that interval.
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Source file: Laws/federal/codes/united-states-code/title-10/section-1435-eligible-beneficiaries--844bef8abb.md
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Source location: Title 10, Chapter 73, § 1435; chapter-073-annuities-based-on-retired-or-retainer-pay.md
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Only the following persons are eligible to be made the beneficiaries of, or to receive payments under, an annuity elected under this subchapter by a member of the armed forces:
(1) The spouse of the member on the date when the member is retired or becomes entitled to retired or retainer pay or, if the member was already retired or entitled to retired or retainer pay on November 1, 1953, the spouse on that date.
(2) The children of the member who are—
(A) unmarried;
(B) under eighteen years of age, or incapable of supporting themselves because of a mental defect or physical incapacity existing before their eighteenth birthday, or at least eighteen, but under twenty-three, years of age and pursuing a full-time course of study or training in a high school, trade school, technical or vocational institute, junior college, college, university, or comparable recognized educational institution;
(C) legitimate or adopted children of, or stepchildren in fact dependent for their support upon, the member;
(D) living on the date when the member is retired or becomes entitled to retired or retainer pay or, if the member was already retired or entitled to retired or retainer pay on November 1, 1953, living on that date; and
(E) born on or before the date prescribed in clause (D).
For the purposes of clause (2)(B), a child is considered to be pursuing a full-time course of study or training during an interval between school years that does not exceed one hundred and fifty days if he has demonstrated to the satisfaction of the Secretary concerned that he has a bonafide intention of commencing, resuming, or continuing to pursue a full-time course of study or training in a recognized educational institution immediately after that interval.
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1431
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Federal law — U.S. Code and appendices · legal_authorities
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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1435&num=0&edition=prelim). 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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1433
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The annuity that a person is entitled to elect under section 1431 or 1432 of this title shall, in conformance with actuarial tables selected by the Board of Actuaries under [section 1436(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1436/a&num=0&edition=prelim), be the amount specified by the elector at the time of the election, but not more than 50 percent nor less than 12½ percent of his retired or retainer pay, in no case less than $25. He may make the annuity payable—
(1) to, or on behalf of, the surviving spouse, ending when the spouse dies or, if the spouse remarries before age 60, when the spouse remarries;
(2) in equal shares to, or on behalf of, the surviving children eligible for the annuity at the time each payment is due, ending when there is no surviving eligible child; or
(3) to, or on behalf of, the surviving spouse, and after the death of that spouse or the remarriage of that spouse before age 60, in equal shares to, or on behalf of, the surviving eligible children, ending when there is no surviving eligible child.
**(b)** A person may elect to provide both the annuity provided in clause (1) of subsection (a) and that provided in clause (2) of subsection (a), but the combined amount of the annuities may not be more than 50 percent nor less than 12½ percent of his retired or retainer pay but in no case less than $25.
**(c)** An election of any annuity under clause (1) or (2) of subsection (a), or any combination of annuities under subsection (b), shall provide that no deduction may be made from the elector’s retired or retainer pay after the last day of the month in which there is no beneficiary who would be eligible for the annuity if the elector died. For the purposes of the preceding sentence
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1434
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Federal law — U.S. Code and appendices · legal_authorities
Page 1343
TITLE 10—ARMED FORCES
§ 1436
members to whom section 1431 of this title applies on
Aug. 13, 1968, see section 3 of Pub. L. 90–485, set out as
a note under section 1431 of this title.
§ 1435. Eligible beneficiaries
Only the following persons are eligible to be
made the beneficiaries of, or to receive pay-
ments under, an annuity elected under this sub-
chapter by a member of the armed forces:
(1) The spouse of the member on the date
when the member is retired or becomes enti-
tled to retired or retainer pay or, if the mem-
ber was already retired or entitled to retired
or retainer pay on November 1, 1953, the
spouse on that date.
(2) The children of the member who are—
(A) unmarried;
(B) under eighteen years of age, or incapa-
ble of supporting themselves because of a
mental defect or physical incapacity exist-
ing before their eighteenth birthday, or at
least eighteen, but under twenty-three,
years of age and pursuing a full-time course
of study or training in a high school, trade
school, technical or vocational institute,
junior college, college, university, or com-
parable recognized educational institution;
(C) legitimate or adopted children of, or
stepchildren in fact dependent for their sup-
port upon, the member;
(D) living on the date when the member is
retired or becomes entitled to retired or re-
tainer pay or, if the member was already re-
tired or entitled to retired or retainer pay on
November 1, 1953, living on that date; and
(E) born on or before the date prescribed in
clause (D).
For the purposes of clause (2)(B), a child is con-
sidered to be pursuing a full-time course of
study or training during an interval between
school years that does not exceed one hundred
and fifty days if he has demonstrated to the sat-
isfact
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 1435
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