10 U.S.C. § 1439 — Refund of amounts deducted from retired

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.