10 U.S.C. § 1441 — Annuities in addition to other payments

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- ter 67 of this title a member of the Army or Air Force may be granted retired pay without being retired. Editorial Notes AMENDMENTS 1972—Pub. L. 92–425 substituted ‘‘subchapter’’ for ‘‘chapter’’. § 1440. Annuities not subject to legal process Except as provided in section 1437(c)(3)(B) of this title, no annuity payable under this sub- chapter is assignable or subject to execution, levy, attachment, garnishment, or other legal process. (Aug. 10, 1956, ch. 1041, 70A Stat. 111; Pub. L. 92–425, § 1(2)(A), Sept. 21, 1972, 86 Stat. 706; Pub. L. 98–525, title VI, § 642(a)(2), Oct. 19, 1984, 98 Stat. 2546; Pub. L. 99–145, title XIII, § 1303(a)(10), Nov. 8, 1985, 99 Stat. 739.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 1440 ......... 37:378. Aug. 8, 1953, ch. 393, § 9, 67 Stat. 504. The words ‘‘either in law or equity’’ are omitted as surplusage. Editorial Notes AMENDMENTS 1985—Pub. L. 99–145 substituted ‘‘1437(c)(3)(B)’’ for ‘‘1437(c)(3)’’. 1984—Pub. L. 98–525 substituted ‘‘Except as provided in section 1437(c)(3) of this title, no’’ for ‘‘No’’. 1972—Pub. L. 92–425 substituted ‘‘subchapter’’ for ‘‘chapter’’. § 1441. Annuities in addition to other payments An annuity under this subchapter is in addi- tion to any pension or other payment to which the beneficiary is entitled under any other pro- vision of law, and may not be considered as in- come under any law administered by the Depart- ment of Veterans Affairs. (Aug. 10, 1956, ch. 1041, 70A Stat. 111; Pub. L. 85–857, § 13(v)(1), Sept. 2, 1958, 72 Stat. 1266; Pub. L. 85–861, § 1(31B), Sept. 2, 1958, 72 Stat. 1452; Pub. L. 86–211, § 8(a), Aug. 29, 1959, 73 Stat. 436; Pub. L. 91–588, § 8(b), Dec. 24, 1970, 84 Stat. 1584; Pub. L. 92–425, § 1(2)(A), Sept. 21, 1972, 86 Stat. 706; Pub. L. 101–189, div. A, title XVI, § 1621(a)(1), Nov. 29, 1989, 103 Stat. 1602.) HISTORICAL AND REVISION NOTES 1956 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 1441 ......... 37:380. Aug. 8, 1953, ch. 393, § 11, 67 Stat. 504. The word ‘‘is’’ is substituted for the words ‘‘may now or hereafter be’’. 1958 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 1441 ......... 37:380. Aug. 1, 1956, ch. 837, § 501(1), 70 Stat. 884. The change is made to reflect the amendment made by section 501(1) of the Servicemen’s and Veterans’ Sur- vivor Benefits Act (70 Stat. 884) to section 11 of the Uni- form Services Contingency Option Act of 1953 (restated in section 1441 of title 10). Editorial Notes AMENDMENTS 1989—Pub. L. 101–189 substituted ‘‘Department of Vet- erans Affairs’’ for ‘‘Veterans’ Administration’’. 1972—Pub. L. 92–425 substituted ‘‘subchapter’’ for ‘‘chapter’’. 1970—Pub. L. 91–588 struck out ‘‘except section 415(g) and chapter 15 of title 38’’ after ‘‘Veterans’ Administra- tion’’. 1959—Pub. L. 86–211 inserted reference to chapter 15 of title 38. 1958—Pub. L. 85–861 inserted ‘‘except section 1115 of title 38’’ after ‘‘Administration’’. Pub. L. 85–857 substituted ‘‘section 415(g) of title 38’’ for ‘‘section 1115 of title 38’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91–588 effective Jan. 1, 1971, see section 10 of Pub. L. 91–588, set out as a note under section 1521 of Title 38, Veterans’ Benefits. EFFECTIVE DATE OF 1959 AMENDMENT Amendment by Pub. L. 86–211 effective July 1, 1960, see section 10 of Pub. L. 86–211, set out as a note under section 1506 of Title 38, Veterans’ Benefits. Page 1347 TITLE 10—ARMED FORCES § 1444a EFFECTIVE DATE OF 1958 AMENDMENT Amendment by Pub. L. 85–857 effective Jan. 1, 1959, see section 2 of Pub. L. 85–857, set out as a note pre- ceding Part I of Title 38, Veterans’ Benefits. § 1442. Recovery of annuity erroneously paid In addition to other methods of recovery pro- vided by law, the Secretary concerned may au- thorize the recovery, by deduction from later payments to a person, of any amount erro- neously paid to him under this subchapter. How- ever, recovery is not required if, in the judgment of the Secretary concerned, there has been no fault by the person to whom the amount was er- roneously paid and recovery would be contrary to the purposes of this subchapter or against eq- uity and good conscience. (Aug. 10, 1956, ch. 1041, 70A Stat. 111; Pub. L. 92–425, § 1(2)(A), Sept. 21, 1972, 86 Stat. 706; Pub. L. 104–316, title I, § 105(a), Oct. 19, 1996, 110 Stat. 3830.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 1442 ......... 37:376. Aug. 8, 1953, ch. 393, § 7, 67 Stat. 504. The words ‘‘In addition to other methods of recovery provided by law, the Secretary concerned may’’ are substituted for 37:376(a) (1st 15 words of 1st sentence). The words ‘‘from later payments to an annuitant’’ are substituted for 37:376(a) (2d sentence). Editorial Notes AMENDMENTS 1996—Pub. L. 104–316 struck out ‘‘and the Comptroller General’’ after ‘‘judgment of the Secretary concerned’’. 1972—Pub. L. 92–425 substituted ‘‘subchapter’’ for ‘‘chapter’’. [§ 1443. Repealed. Pub. L. 92–425, § 1(2)(B), Sept. 21, 1972, 86 Stat. 706] Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 111, re- lated to Board of Actuaries, composed of Government Actuary, Chief Actuary of Social Security Administra- tion, and an actuary who was a member of Society of Actuaries. § 1444. Regulations; determinations (a) The President shall prescribe regulations to carry out this subchapter. Those regulations shall, so far as practicable, be uniform for the armed forces, the National Oceanic and Atmos- pheric Administration, and the Public Health Service. (b) Determinations and certifications of eligi- bility for, and payments of, annuities and other payments or refunds under this subchapter shall be made by the department concerned. However, in the case of a department other than a mili- tary department, payments shall be made through the disbursing facilities of the Depart- ment of the Treasury. (Aug. 10, 1956, ch. 1041, 70A Stat. 111; Pub. L. 87–381, § 5, Oct. 4, 1961, 75 Stat. 811; Pub. L. 89–718, § 8(a), Nov. 2, 1966, 80 Stat. 1117; Pub. L. 92–425, § 1(2)(A), (C), Sept. 21, 1972, 86 Stat. 706; Pub. L. 96–513, title V, § 511(58), Dec. 12, 1980, 94 Stat. 2925.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 1444(a) ..... 1444(b) ..... 1444(c) ..... 37:377 (1st sentence). 37:377 (2d sentence). 37:375. Aug. 8, 1953, ch. 393, §§ 6, 8 (1st and 2d sentences), 67 Stat. 504. Editorial Notes AMENDMENTS 1980—Subsec. (a). Pub. L. 96–513, § 511(58)(A), sub- stituted ‘‘National Oceanic and Atmospheric Adminis- tration’’ for ‘‘Environmental Science Services Adminis- tration’’. Subsecs. (b), (c). Pub. L. 96–513, § 511(58)(B), redesig- nated subsec. (c) as (b). 1972—Pub. L. 92–425, § 1(2)(C), struck out ‘‘reports to Congress’’ in section catchline. Subsec. (a). Pub. L. 92–425, § 1(2)(A), substituted ‘‘sub- chapter’’ for ‘‘chapter’’. Subsec. (b). Pub. L. 92–425, § 1(2)(C), struck out subsec. (b) which required President to submit annual reports to Congress on administration of this chapter. Subsec. (c). Pub. L. 92–425, § 1(2)(A), substituted ‘‘sub- chapter’’ for ‘‘chapter’’. 1966—Subsec. (a). Pub. L. 89–718 substituted ‘‘Environ- mental Science Services Administration’’ for ‘‘Coast and Geodetic Survey’’. 1961—Subsec. (b). Pub. L. 87–381 required report to contain a detailed account, including an actuarial anal- ysis, of cases in which relief is granted under sections 1436(b) and 1552 of this title, or any other statutory or administrative procedure. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title. REPEALS The directory language of, but not the amendment made by, Pub. L. 89–718, § 8(a), Nov. 2, 1966, 80 Stat. 1117, cited as a credit to this section, was repealed by Pub. L. 97–295, § 6(b), Oct. 12, 1982, 96 Stat. 1314. Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of Public Health Service, see note set out under section 802 of this title. § 1444a. Regulations regarding payment of annu- ity to a representative payee (a) The regulations prescribed pursuant to sec- tion 1444(a) of this title shall provide procedures for the payment of an annuity under this sub- chapter in the case of— (1) a person for whom a guardian or other fi- duciary has been appointed; and (2) a minor, mentally incompetent, or other- wise legally disabled person for whom a guard- ian or other fiduciary has not been appointed. (b) Those regulations may include the provi- sions set out in section 1455(d)(2) of this title. (c) An annuity paid to a person on behalf of an annuitant in accordance with the regulations prescribed pursuant to subsection (a) discharges the obligation of the United States for payment to the annuitant of the amount of the annuity so paid. (Added Pub. L. 102–190, div. A, title VI, § 654(b)(1), Dec. 5, 1991, 105 Stat. 1390; amended Pub. L.