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10 U.S.C. § 1432 — Election of annuity: former members of armed forces

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

10 U.S.C. § 1432 — Election of annuity: former members of armed forces

A person who was a former member of an armed force on November 1, 1953, and who is granted retired or retainer pay after that date, may, at the time he is granted that pay, make an election as provided in [section 1431 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1431&num=0&edition=prelim).

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Stable record: federal_law:legal_authorities:record_usc_82f1deb6e1c91a9b6e5910f2
Source file: Laws/federal/codes/united-states-code/title-10/section-1432-election-of-annuity-former-members-of-armed-forces--4b1eeb64af.md
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Source location: Title 10, Chapter 73, § 1432; chapter-073-annuities-based-on-retired-or-retainer-pay.md

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A person who was a former member of an armed force on November 1, 1953, and who is granted retired or retainer pay after that date, may, at the time he is granted that pay, make an election as provided in [section 1431 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1431&num=0&edition=prelim).

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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. § 1432 — Election of annuity: former members of

Page 1341 TITLE 10—ARMED FORCES § 1434 Code [subsection (b) of this section], notwithstanding the requirement of the second sentence of that sec- tion.’’ CHANGE OR REVOCATION OF ELECTION BY CERTAIN OFFICERS Effective date of change or revocation of election by certain officers, see section 3 of Pub. L. 86–155, Aug. 11, 1959, 73 Stat. 336, set out as a note under section 5701 of this title. PUBLIC HEALTH SERVICE Authority vested by this chapter in ‘‘military depart- ments’’, ‘‘the Secretary concerned’’, or ‘‘the Secretary of Defense’’ to be exercised, with respect to commis- sioned officers of Public Health Service, by Secretary of Health and Human Services or his designee, see sec- tion 213a of Title 42, The Public Health and Welfare. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION Authority vested by this chapter in ‘‘military depart- ments’’, ‘‘the Secretary concerned’’, or ‘‘the Secretary of Defense’’ to be exercised, with respect to commis- sioned officer corps of National Oceanic and Atmos- pheric Administration, by Secretary of Commerce or Secretary’s designee, see section 3071 of Title 33, Navi- gation and Navigable Waters. § 1432. Election of annuity: former members of armed forces A person who was a former member of an armed force on November 1, 1953, and who is granted retired or retainer pay after that date, may, at the time he is granted that pay, make an election as provided in section 1431 of this title. (Aug. 10, 1956, ch. 1041, 70A Stat. 109.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 1432 ......... 37:372(a) (5th sentence). Aug. 8, 1953, ch. 393, § 3(a) (5th sentence), 67 Stat. 502. § 1433. Mental incompetency of member If a person who would be entitled to make an electi

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