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10 U.S.C. § 1436 — Computation of reduction in retired pay; withdrawal for severe financial hardship

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

10 U.S.C. § 1436 — Computation of reduction in retired pay; withdrawal for severe financial hardship

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Stable record: federal_law:legal_authorities:record_usc_7f7d011604c3db05459b0571
Source file: Laws/federal/codes/united-states-code/title-10/section-1436-computation-of-reduction-in-retired-pay-withdrawal-for-severe-financial--e70fa527bb.md
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Source location: Title 10, Chapter 73, § 1436; chapter-073-annuities-based-on-retired-or-retainer-pay.md

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**(a)** The reduction in the retired or retainer pay of any person who elects an annuity under this subchapter shall be computed by the armed force concerned as of the date when the person becomes eligible for that pay but without regard to any increase in that pay to reflect changes in the Consumer Price Index. It shall be computed under an actuarial equivalent method based on (1) appropriate actuarial tables selected by the Board of Actuaries, and (2) an interest rate of 3 percent a year, or such other rate as the Secretary of the Treasury, after considering the average yield on outstanding marketable long-term obligations of the United States during the preceding six months, may specify by August 1 of any year for the following year. The method and tables shall be those in effect on the date as of which the computation is made. **(b)** Under regulations prescribed under [section 1444(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1444/a&num=0&edition=prelim), the Secretary concerned may, upon application by the retired member, allow the member— (1) to reduce the amount of the annuity specified by him under section 1434(a) and 1434(b) of this title but to not less than the prescribed minimum; or (2) to withdraw from participation in an annuity program under this title; or (3) to elect the annuity provided under clause (1) of [section 1434(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1434/a&num=0&edition=prelim) in place of the annuity provided under clause (3) of such section, if on the first day for which retired or retainer pay is granted the member had in effect a valid election under clause (3) of such section, and he does not have a child beneficiary who would be eligible for the annuity provided under clause (3) of such section. For this purpose, a child (other than a child who is incapable of supporting himself because of a mental defect or physical incapacity existing before his eighteenth birthday) who is at least eighteen, but under twenty-three years of age shall not be considered an eligible beneficiary; or (4) to elect that a child (other than a child who is incapable of supporting himself because of a mental defect or physical incapacity existing before his eighteenth birthday) who is at least eighteen, but under twenty-three years of age shall not be considered eligible for the annuity provided under clause (2) of [section 1434(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1434/a&num=0&edition=prelim), or for an annuity provided under [section 1434(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1434/b&num=0&edition=prelim), if on the first day for which retired or retainer pay is granted the member had in effect a valid election under clause (2) of [section 1434(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1434/a&num=0&edition=prelim), or under [section 1434(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1434/b&num=0&edition=prelim). A retired member may not reduce an annuity under clause (1) of this subsection, or withdraw under clause (2) of this subsection, earlier than the first day of the seventh calendar month beginning after he applies for reduction or withdrawal. A change of election under clause (3) of this subsection shall be effective on the first day of the month following the month in which application is made. An election under clause (4) of this subsection shall be effective on the first day of the month following the month in which application is made and, if on the effective date there is no surviving child who would be eligible for an annuity provided under clause (2) of section 1434(a), or under section 1434(b), of this title if the elector died, no deduction shall be made for such an annuity to, or on behalf of, a child from the elector’s retired or retainer pay for that month or any subsequent month. No amounts by which a member’s retired or retainer pay is reduced prior to the effective date of a reduction of annuity, withdrawal, change of election, or election under this subsection may be refunded to, or credited on behalf of, the member by virtue of an application made by him under this subsection.

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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

37 U.S.C. § 203 — Rates

**(a)** (1) The rates of monthly basic pay for members of the uniformed services within each pay grade are those prescribed in accordance with [section 1009 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section1009&num=0&edition=prelim) or as otherwise prescribed by law. (2) Notwithstanding the rates of basic pay in effect at any time as provided by law, the rates of basic pay payable for commissioned officers in pay grades O–7 through O–10 may not exceed the monthly equivalent of the rate of pay for level II of the Executive Schedule, and the rates of basic pay payable for all other officers and for enlisted members may not exceed the monthly equivalent of the rate of pay for level V of the Executive Schedule. **(b)** While serving as a permanent professor at the United States Military Academy, the United States Naval Academy, or the United States Air Force Academy or as a member of the permanent commissioned teaching staff at the United States Coast Guard Academy, an officer who has over 36 years of service computed under [section 205 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section205&num=0&edition=prelim) is, in addition to the pay and allowances to which he is otherwise entitled under this title, entitled to additional pay in the amount of $250 a month. This additional pay may not be used in the computation of retired pay. **(c)** A cadet at the United States Military Academy, the United States Air Force Academy, or the Coast Guard Academy, or a midshipman at the United States Naval Academy, is entitled to monthly cadet pay, or midshipman pay, at the monthly rate equal to 35 percent of the basic pay of a commissioned officer in the pay grade O–1 with less than two years of service.

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

10 U.S.C. § 1436 — Computation of reduction in retired pay;

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

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