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10 U.S.C. § 1441 — Annuities in addition to other payments
Federal law — U.S. Code and appendices · legal_authorities
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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Stable record: federal_law:legal_authorities:record_usc_6d4b68e674248d2c64fe4413
Source file: Laws/federal/codes/united-states-code/title-10/section-1441-annuities-in-addition-to-other-payments--f7c3e06eaa.md
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Passage SHA-256: 53cc25d627b93592e669218fe884f17202108dd53229b8d49021182e876783b8
Source location: Title 10, Chapter 73, § 1441; chapter-073-annuities-based-on-retired-or-retainer-pay.md
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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
As a condition of granting or continuing pension under section 1521, 1541, or 1542 of this title, the Secretary—
(1) may require from any person who is an applicant for or a recipient of pension such information, proofs, and evidence as the Secretary determines to be necessary in order to determine the annual income and the value of the corpus of the estate of such person, and of any spouse or child for whom the person is receiving or is to receive increased pension (such a child is hereinafter in this subsection referred to as a “dependent child”), and, in the case of a child applying for or in receipt of pension under [section 1542 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1542&num=0&edition=prelim) (hereinafter in this subsection referred to as a “surviving child”), of any person with whom such child is residing who is legally responsible for such child’s support;
(2) may require that any such applicant or recipient file for a calendar year with the Department (on such form as may be prescribed for such purpose by the Secretary) a report showing—
(A) the annual income which such applicant or recipient (and any such spouse or dependent child) received during the preceding year, the corpus of the estate of such applicant or recipient (and of any such spouse or dependent child) at the end of such year, and in the case of a surviving child, the income and corpus of the estate of any person with whom such child is residing who is legally responsible for such child’s support;
(B) such applicant’s or recipient’s estimate for the then current year of the annual income such applicant or recipient (and any such spouse or dependent child) expects to receive and of any expected increase in the value of the corpus of the es
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1506
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary shall pay to each veteran of a period of war who meets the service requirements of this section (as prescribed in subsection (j) of this section) and who is permanently and totally disabled from non-service-connected disability not the result of the veteran’s willful misconduct, pension at the rate prescribed by this section, as increased from time to time under [section 5312 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5312&num=0&edition=prelim).
**(b)** If the veteran is unmarried (or married but not living with or reasonably contributing to the support of such veteran’s spouse) and there is no child of the veteran in the custody of the veteran or to whose support the veteran is reasonably contributing, and unless the veteran is entitled to pension at the rate provided by subsection (d)(1) or (e) of this section, pension shall be paid to the veteran at the annual rate of $11,830, reduced by the amount of the veteran’s annual income.
**(c)** If the veteran is married and living with or reasonably contributing to the support of such veteran’s spouse, or if there is a child of the veteran in the custody of the veteran or to whose support the veteran is reasonably contributing, pension shall be paid to the veteran at the annual rate of $15,493, unless the veteran is entitled to pension at the rate provided by subsection (d)(2), (e), or (f) of this section. If the veteran has two or more such family members, such annual rate shall be increased by $2,020 for each such family member in excess of one. The rate payable shall be reduced by the amount of the veteran’s annual income and, subject to subsection (h)(1) of this section, the amount of annual income of such family members.
**(d)**
(1) If the vetera
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1521
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Federal law — U.S. Code and appendices · legal_authorities
Any veteran entitled to compensation at the rates provided in [section 1114 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1114&num=0&edition=prelim), and whose disability is rated not less than 30 percent, shall be entitled to additional compensation for dependents in the following monthly amounts:
(1) If and while rated totally disabled and—
(A) has a spouse but no child, $150;
(B) has a spouse and one or more children, $259 plus $75 for each child in excess of one;
(C) has no spouse but one or more children, $101 plus $75 for each child in excess of one;
(D) has a parent dependent upon such veteran for support, then, in addition to the above amounts, $120 for each parent so dependent;
(E) notwithstanding the other provisions of this paragraph, the monthly payable amount on account of a spouse who is (i) a patient in a nursing home or (ii) blind, or so nearly blind or significantly disabled as to need or require the regular aid and attendance of another person, shall be $286 for a totally disabled veteran and proportionate amounts for partially disabled veterans in accordance with paragraph (2) of this section; and
(F) notwithstanding the other provisions of this paragraph, the monthly amount payable on account of each child who has attained the age of eighteen years and who is pursuing a course of instruction at an approved educational institution shall be $240 for a totally disabled veteran and proportionate amounts for partially disabled veterans in accordance with paragraph (2) of this section.
(2) If and while rated partially disabled, but not less than 30 percent, in an amount having the same ratio to the amount specified in paragraph (1) of this section as the degree of disability bears to total di
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1115
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1446
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Federal law — U.S. Code and appendices · legal_authorities
Page 1346
TITLE 10—ARMED FORCES
§ 1439
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 mem-
bers. The word ‘‘otherwise’’ is substituted for the words
‘‘had he been receiving that pay’’. The words ‘‘to pro-
vide the annuity’’ are inserted for clarity.
Editorial Notes
AMENDMENTS
1972—Pub. L. 92–425 substituted ‘‘subchapter’’ for
‘‘chapter’’.
§ 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 rea-
son 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.)
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 sub-
stituted 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 ‘‘re-
tirement or grant of retired pay’’ are substituted for
the words ‘‘permanent retirement’’, since under chap
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 1441
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