10 U.S.C. § 1449 — Mental incompetency of member

Page 1367 TITLE 10—ARMED FORCES § 1450 tion 1448a of title 10, United States Code (as added by subsection (a)), that is specified in subsection (a) of such section, a participant in the Survivor Benefit Plan under subchapter II of chapter 73 of such title may make an election in accordance with that section with- in one year after the effective date of that section under subsection (c) [set out as an Effective Date note above] if the second anniversary of the commencement of payment of retired pay to the participant precedes that effective date.’’ § 1449. Mental incompetency of member (a) ELECTION BY SECRETARY CONCERNED ON BE- HALF OF MENTALLY INCOMPETENT MEMBER.—If a person to whom section 1448 of this title applies 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, an election de- scribed in subsection (a)(2) or (b) of section 1448 of this title may be made on behalf of that per- son by the Secretary concerned. (b) REVOCATION OF ELECTION BY MEMBER.— (1) AUTHORITY UPON SUBSEQUENT DETERMINA- TION OF MENTAL COMPETENCE.—If a person for whom the Secretary has made an election under subsection (a) is later determined to be mentally competent by an authority named in that subsection, that person may, within 180 days after that determination, revoke that election. (2) DEDUCTIONS FROM RETIRED PAY OR CRSC NOT TO BE REFUNDED.—Any deduction made from retired pay or combat-related special compensation by reason of such an election may not be refunded. (Added Pub. L. 92–425, § 1(3), Sept. 21, 1972, 86 Stat. 708; amended Pub. L. 95–397, title II, § 207(a), Sept. 30, 1978, 92 Stat. 848; Pub. L. 101–189, div. A, title XIV, § 1407(a)(3), title XVI, § 1621(a)(1), Nov. 29, 1989, 103 Stat. 1588, 1602; Pub. L. 104–201, div. A, title VI, § 634, Sept. 23, 1996, 110 Stat. 2560; Pub. L. 114–328, div. A, title VI, § 643(c)(1), Dec. 23, 2016, 130 Stat. 2166.) Editorial Notes AMENDMENTS 2016—Subsec. (b)(2). Pub. L. 114–328 inserted ‘‘or CRSC’’ after ‘‘retired pay’’ in heading and ‘‘or combat- related special compensation’’ after ‘‘from retired pay’’ in text. 1996—Pub. L. 104–201 amended section generally. Prior to amendment, section read as follows: ‘‘If a person to whom section 1448 of this title applies is determined to be mentally incompetent by medical officers of the armed force concerned or of the Department of Vet- erans Affairs, or by a court of competent jurisdiction, any election described in subsection (a)(2) or (b) of sec- tion 1448 of this title may be made on behalf of that person by the Secretary concerned. If the person for whom the Secretary has made an election is later de- termined to be mentally competent by an authority named in the first sentence, he may, within 180 days after that determination revoke that election. Any de- ductions made from retired pay by reason of such an election will not be refunded.’’ 1989—Pub. L. 101–189 substituted ‘‘Department of Vet- erans Affairs’’ for ‘‘Veterans’ Administration’’ and struck out ‘‘or retainer’’ after ‘‘made from retired’’. 1978—Pub. L. 95–397 substituted ‘‘subsection (a)(2) or (b)’’ for ‘‘the first sentence of subsection (a), or sub- section (b)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–397 effective Oct. 1, 1978, and applicable to annuities payable by virtue of amend- ment for months beginning on or after such date, see section 210 of Pub. L. 95–397, set out as a note under sec- tion 1447 of this title. § 1450. Payment of annuity: beneficiaries (a) IN GENERAL.—Effective as of the first day after the death of a person to whom section 1448 of this title applies (or on such other day as that person may provide under subsection (j)), a monthly annuity under section 1451 of this title shall be paid to the person’s beneficiaries under the Plan, as follows: (1) SURVIVING SPOUSE OR FORMER SPOUSE.— The eligible surviving spouse or the eligible former spouse. (2) SURVIVING CHILDREN.—The surviving de- pendent children in equal shares, if the eligi- ble surviving spouse or the eligible former spouse is dead, dies, or otherwise becomes in- eligible under this section. (3) DEPENDENT CHILDREN.—The dependent children in equal shares if the person to whom section 1448 of this title applies (with the con- currence of the person’s spouse, if required under section 1448(a)(3) of this title) elected to provide an annuity for dependent children but not for the spouse or former spouse. (4) SPECIAL NEEDS TRUSTS FOR SOLE BENEFIT OF CERTAIN DEPENDENT CHILDREN.—Notwith- standing subsection (i), a supplemental or spe- cial needs trust established under subpara- graph (A) or (C) of section 1917(d)(4) of the So- cial Security Act (42 U.S.C. 1396p(d)(4)) for the sole benefit of a dependent child considered disabled under section 1614(a)(3) of that Act (42 U.S.C. 1382c(a)(3)) who is incapable of self-sup- port because of mental or physical incapacity. (5) NATURAL PERSON DESIGNATED UNDER ‘‘IN- SURABLE INTEREST’’ COVERAGE.—The natural person designated under section 1448(b)(1) of this title, unless the election to provide an an- nuity to the natural person has been changed as provided in subsection (f). (b) TERMINATION OF ANNUITY FOR DEATH, RE- MARRIAGE BEFORE AGE 55, ETC.— (1) GENERAL RULE.—An annuity payable to the beneficiary terminates effective as of the first day of the month in which eligibility is lost. (2) TERMINATION OF SPOUSE ANNUITY UPON DEATH OR REMARRIAGE BEFORE AGE 55.—An an- nuity for a surviving spouse or former spouse shall be paid to the surviving spouse or former spouse while the surviving spouse or former spouse is living or, if the surviving spouse or former spouse remarries before reaching age 55, until the surviving spouse or former spouse remarries. (3) EFFECT OF TERMINATION OF SUBSEQUENT MARRIAGE BEFORE AGE 55.—If the surviving spouse or former spouse remarries before reaching age 55 and that marriage is termi- nated by death, annulment, or divorce, pay- ment of the annuity shall be resumed effective as of the first day of the month in which the marriage is so terminated. However, if the sur-