10 U.S.C. § 1433 — Mental incompetency of member

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 election under section 1431 or 1432 of this title is determined to be mentally incompetent by med- ical 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 pre- scribed time, the Secretary concerned may make an election for that person upon the re- quest 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. If the person for whom the Secretary has made an election is later determined to be mentally com- petent by medical officers of the Department of Veterans Affairs or by a court of competent ju- risdiction, he may, within 180 days after that de- termination, change or revoke that election. However, deductions made from his retired or retainer pay before that date may not be re- funded. (Aug. 10, 1956, ch. 1041, 70A Stat. 109; Pub. L. 101–189, div. A, title XVI, § 1621(a)(1), Nov. 29, 1989, 103 Stat. 1602.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 1433 ......... 37:372 (less (a) and (b)). Aug. 8, 1953, ch. 393, § 3 (less (a) and (b)), 67 Stat. 502. The first 19 words are substituted for 37:372(c) (1st 9 words). The words ‘‘who would be eligible to be made beneficiaries under section 1435 of this title’’ are in- serted to reflect the limitations in 37:371(f). The words ‘‘for that reason cannot’’ are substituted for the words ‘‘because of such mental incompetency is incapable of’’. The words ‘‘or is adjudged mentally incompetent’’, ‘‘provided for in this section’’, and ‘‘where appropriate is subsequently adjudged mentally competent’’ are omitted as surplusage. The last sentence is substituted for 37:372(c) (last sentence). Editorial Notes AMENDMENTS 1989—Pub. L. 101–189 substituted ‘‘Department of Vet- erans Affairs’’ for ‘‘Veterans’ Administration’’ in two places. § 1434. Kinds of annuities that may be elected (a) The annuity that a person is entitled to elect under section 1431 or 1432 of this title shall, in conformance with actuarial tables selected by the Board of Actuaries under section 1436(a) of this title, be the amount specified by the elector at the time of the election, but not more than 50 percent nor less than 121⁄2 percent of his retired or retainer pay, in no case less than $25. He may make the annuity payable— (1) to, or on behalf of, the surviving spouse, ending when the spouse dies or, if the spouse remarries before age 60, when the spouse re- marries; (2) in equal shares to, or on behalf of, the surviving children eligible for the annuity at the time each payment is due, ending when there is no surviving eligible child; or (3) to, or on behalf of, the surviving spouse, and after the death of that spouse or the re- marriage of that spouse before age 60, in equal shares to, or on behalf of, the surviving eligi- ble children, ending when there is no surviving eligible child. (b) A person may elect to provide both the an- nuity provided in clause (1) of subsection (a) and that provided in clause (2) of subsection (a), but the combined amount of the annuities may not be more than 50 percent nor less than 121⁄2 per- cent of his retired or retainer pay but in no case less than $25. (c) An election of any annuity under clause (1) or (2) of subsection (a), or any combination of annuities under subsection (b), shall provide that no deduction may be made from the elec- tor’s retired or retainer pay after the last day of the month in which there is no beneficiary who would be eligible for the annuity if the elector died. For the purposes of the preceding sentence, a child (other than a child who is incapable of supporting himself because of a mental defect or physical incapacity existing before his eight- eenth birthday) who is at least eighteen, but under twenty-three years of age, and who is not pursuing a course of study or training defined in section 1435 of this title, shall be considered an