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10 U.S.C. § 1433 — Mental incompetency of member
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.
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Stable record: federal_law:legal_authorities:record_usc_efdea8ecea5b413a66c792a0
Source file: Laws/federal/codes/united-states-code/title-10/section-1433-mental-incompetency-of-member--6e5fc79161.md
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Source location: Title 10, Chapter 73, § 1433; chapter-073-annuities-based-on-retired-or-retainer-pay.md
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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.
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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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1435
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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
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
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 1433
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.