10 U.S.C. § 1446 — Restriction on participation

Page 1348 TITLE 10—ARMED FORCES § 1445 105–85, div. A, title X, § 1073(a)(26), Nov. 18, 1997, 111 Stat. 1901.) Editorial Notes AMENDMENTS 1997—Subsec. (b). Pub. L. 105–85 substituted ‘‘section 1455(d)(2)’’ for ‘‘section 1455(c)’’. § 1445. Correction of administrative deficiencies Whenever he considers it necessary, the Sec- retary concerned may, under regulations pre- scribed under section 1444(a) of this title, correct any election, or any change or revocation of an election, under this subchapter when he con- siders it necessary to correct an administrative error. Except when procured by fraud, a correc- tion under this section is final and conclusive on all officers of the United States. (Added Pub. L. 87–381, § 6(1), Oct. 4, 1961, 75 Stat. 811; amended Pub. L. 92–425, § 1(2)(A), Sept. 21, 1972, 86 Stat. 706.) Editorial Notes AMENDMENTS 1972—Pub. L. 92–425 substituted ‘‘subchapter’’ for ‘‘chapter’’. § 1446. Restriction on participation (a) Notwithstanding section 1441 of this title, if a person— (1) has made an election under this sub- chapter; and (2) is retired for physical disability before he completes 19 years of service for which he is entitled to credit in the computation of his basic pay; and thereafter dies, his beneficiaries are not en- titled to the annuities provided under this sub- chapter until they give proof to the department concerned that they are not eligible for benefits under chapter 11 or 13 of title 38. If the bene- ficiaries are not eligible for benefits under chap- ter 11 or 13 of title 38, the annuity shall begin on the first day of the month in which the death oc- curs. (b) Whenever the beneficiaries on whose behalf the election was made are restricted, under sub- section (a), from participating in the annuities provided under this subchapter, the amount withheld from the elector’s retired or retainer pay as a result of an election under this sub- chapter shall be refunded to the beneficiaries, less the amount of any annuities paid under this subchapter, and in either case without interest. (Added Pub. L. 87–381, § 6(1), Oct. 4, 1961, 75 Stat. 811; amended Pub. L. 90–485, § 1(8), Aug. 13, 1968, 82 Stat. 754; Pub. L. 92–425, § 1(2)(A), Sept. 21, 1972, 86 Stat. 706.) Editorial Notes AMENDMENTS 1972—Pub. L. 92–425 substituted ‘‘subchapter’’ for ‘‘chapter’’ wherever appearing. 1968—Subsec. (a)(2). Pub. L. 90–485 substituted ‘‘19’’ for ‘‘18’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–485 effective on first day of third calendar month following Aug. 13, 1968, see sec- tion 6 of Pub. L. 90–485, set out as a note under section 1431 of this title. SUBCHAPTER II—SURVIVOR BENEFIT PLAN Sec. 1447. Definitions. 1448. Application of Plan. 1448a. Election to discontinue participation: one- year opportunity after second anniversary of commencement of payment of retired pay. 1449. Mental incompetency of member. 1450. Payment of annuity: beneficiaries. 1451. Amount of annuity. 1452. Reduction in retired pay. 1453. Recovery of amounts erroneously paid. 1454. Correction of administrative errors. 1455. Regulations. Editorial Notes AMENDMENTS 1997—Pub. L. 105–85, div. A, title VI, § 641(a)(2), Nov. 18, 1997, 111 Stat. 1798, added item 1448a. 1996—Pub. L. 104–201, div. A, title VI, § 634, Sept. 23, 1996, 110 Stat. 2551, amended analysis generally, re- enacting items 1447 to 1452, 1454, and 1455 without change and substituting ‘‘Recovery of amounts’’ for ‘‘Recovery of annuity’’ in item 1453. 1989—Pub. L. 101–189, div. A, title XIV, § 1407(a)(10)(B), Nov. 29, 1989, 103 Stat. 1589, substituted ‘‘errors’’ for ‘‘deficiencies’’ in item 1454. 1985—Pub. L. 99–145, title VII, § 719(8)(B), Nov. 8, 1985, 99 Stat. 676, struck out ‘‘or retainer’’ after ‘‘retired’’ in item 1452. 1972—Pub. L. 92–424, § 1(3), Sept. 21, 1972, 86 Stat. 706, added subchapter II heading and items 1447 to 1455. § 1447. Definitions In this subchapter: (1) PLAN.—The term ‘‘Plan’’ means the Sur- vivor Benefit Plan established by this sub- chapter. (2) STANDARD ANNUITY.—The term ‘‘standard annuity’’ means an annuity provided by virtue of eligibility under section 1448(a)(1)(A) of this title. (3) RESERVE-COMPONENT ANNUITY.—The term ‘‘reserve-component annuity’’ means an annu- ity provided by virtue of eligibility under sec- tion 1448(a)(1)(B) of this title. (4) RETIRED PAY.—The term ‘‘retired pay’’ in- cludes retainer pay paid under section 8330 of this title. (5) RESERVE-COMPONENT RETIRED PAY.—The term ‘‘reserve-component retired pay’’ means retired pay under chapter 1223 of this title (or under chapter 67 of this title as in effect before the effective date of the Reserve Officer Per- sonnel Management Act). (6) BASE AMOUNT.—The term ‘‘base amount’’ means the following: (A) FULL AMOUNT UNDER STANDARD ANNU- ITY.—In the case of a person who dies after becoming entitled to retired pay, such term means the amount of monthly retired pay (determined without regard to any reduction under section 1409(b)(2) or 1415(b)(1)(B) of this title) to which the person—