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10 U.S.C. § 1449 — Mental incompetency of member
Federal law — U.S. Code and appendices · legal_authorities
**(a) Election by Secretary Concerned on Behalf of Mentally Incompetent Member.—** If a person to whom [section 1448 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1448&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1448&num=0&edition=prelim) 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.
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Stable record: federal_law:legal_authorities:record_usc_44f66a45822f3968e3f4061c
Source file: Laws/federal/codes/united-states-code/title-10/section-1449-mental-incompetency-of-member--9da884c1a6.md
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Source location: Title 10, Chapter 73, § 1449; chapter-073-annuities-based-on-retired-or-retainer-pay.md
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**(a) Election by Secretary Concerned on Behalf of Mentally Incompetent Member.—** If a person to whom [section 1448 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1448&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1448&num=0&edition=prelim) 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General Rules for Participation in the Plan.—**
(1) **Name of plan; eligible participants.—** — The program established by this subchapter shall be known as the Survivor Benefit Plan. The following persons are eligible to participate in the Plan:
(A) Persons entitled to retired pay.
(B) Persons who would be eligible for reserve-component retired pay but for the fact that they are under 60 years of age.
(2) **Participants in the plan.—** — The Plan applies to the following persons, who shall be participants in the Plan:
(A) *Standard annuity participants.—* — A person who is eligible to participate in the Plan under paragraph (1)(A) and who is married or has a dependent child when he becomes entitled to retired pay, unless he elects (with his spouse’s concurrence, if required under paragraph (3)) not to participate in the Plan before the first day for which he is eligible for that pay.
(B) *Reserve-component annuity participants.—* — A person who (i) is eligible to participate in the Plan under paragraph (1)(B), and (ii) is married or has a dependent child when he is notified under [section 12731(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12731/d&num=0&edition=prelim) that he has completed the years of service required for eligibility for reserve-component retired pay, unless the person elects (with his spouse’s concurrence, if required under paragraph (3)) not to participate in the Plan before the end of the 90-day period beginning on the date on which he receives that notification.
A person who elects under subparagraph (B) not to participate in the Plan remains eligible, upon reaching 60 years of age and otherwise becoming entitled to retired pay, to participate in the Plan in accordance with eli
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1448
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Federal law — U.S. Code and appendices · legal_authorities
In this subchapter:
(1) **Plan.—** — The term “Plan” means the Survivor Benefit Plan established by this subchapter.
(2) **Standard annuity.—** — The term “standard annuity” means an annuity provided by virtue of eligibility under [section 1448(a)(1)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1448/a/1/A&num=0&edition=prelim).
(3) **Reserve-component annuity.—** — The term “reserve-component annuity” means an annuity provided by virtue of eligibility under [section 1448(a)(1)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1448/a/1/B&num=0&edition=prelim).
(4) **Retired pay.—** — The term “retired pay” includes retainer pay paid under [section 8330 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section8330&num=0&edition=prelim).
(5) **Reserve-component retired pay.—** — The term “reserve-component retired pay” means retired pay under chapter 1223 of this title (or under chapter 67 of this title as in effect before the effective date of the Reserve Officer Personnel Management Act).
(6) **Base amount.—** — The term “base amount” means the following:
(A) *Full amount under standard annuity.—* — In the case of a person who dies after becoming entitled to retired pay, such term means the amount of monthly retired pay (determined without regard to any reduction under section 1409(b)(2) or 1415(b)(1)(B) of this title) to which the person—
(i) was entitled when he became eligible for that pay; or
(ii) later became entitled by being advanced on the retired list, performing active duty, or being transferred from the temporary disability retired list to the permanent disability retired list.
(B) *Full amount under reserve-compo
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1447
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Federal law — U.S. Code and appendices · legal_authorities
Page 1367
TITLE 10—ARMED FORCES
§ 1450
tion 1448a of title 10, United States Code (as added by
subsection (a)), that is specified in subsection (a) of
such section, a participant in the Survivor Benefit Plan
under subchapter II of chapter 73 of such title may
make an election in accordance with that section with-
in one year after the effective date of that section
under subsection (c) [set out as an Effective Date note
above] if the second anniversary of the commencement
of payment of retired pay to the participant precedes
that effective date.’’
§ 1449. Mental incompetency of member
(a) ELECTION BY SECRETARY CONCERNED ON BE-
HALF 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 de-
scribed in subsection (a)(2) or (b) of section 1448
of this title may be made on behalf of that per-
son by the Secretary concerned.
(b) REVOCATION OF ELECTION BY MEMBER.—
(1) AUTHORITY UPON SUBSEQUENT DETERMINA-
TION 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
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 1449
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.