§1437 — Title 10 Armed Forces | U.S. Code

Summary

Annuity payments start on the first day of the month when the person whose pay the annuity is based on dies, unless special child or missing-person rules apply. Payments come in equal monthly amounts and are paid by the 15th day of the next month. No annuity is due for any month in which entitlement ends. If the monthly amount is not a whole dollar, it is rounded down to the nearest dollar. A child who is at least 18 and in full-time school (excluding children disabled before age 18) gets an annuity that begins either from the month of the member’s death, from the month the child turns 18, or from the month the child becomes or again becomes eligible, depending on which events happened when. If a beneficiary asks, the Secretary in charge can declare a missing retired member presumed dead only after at least 30 days and if the circumstances make a reasonable person think the member is dead, following the rules in section 1444(a). If so, payments start as if the member died when the retired pay was suspended. If the member is later found alive, payments stop and the money already paid becomes a debt the United States can recover from the member’s pay, VA compensation, other government payments, or from the beneficiary if the member dies before the debt is repaid.

Title 10, §1437

Armed Forces — Source: USLM XML via OLRC

(a)Except as provided in subsections (b) and (c), each annuity payable under this subchapter accrues as of the first day of the month in which the person upon whose pay the annuity is based dies. Payments shall be made in equal installments and not later than the fifteenth day of each month following that month. However, no annuity accrues for the month in which entitlement thereto ends. The monthly amount of an annuity payable under this subchapter, if not a multiple of $1, shall be rounded to the next lower multiple of $1.

(b)Each annuity payable to or on behalf of an eligible child (other than a child who is incapable of supporting himself because of a mental defect or physical incapacity existing before his eighteenth birthday) as defined in section 1435(2)(B) of this title who is at least eighteen years of age and pursuing a full-time course of study or training at a recognized educational institution, accrues—

(1)as of the first day of the month in which the member upon whose pay the annuity is based dies, if the eligible child’s eighteenth birthday occurs in the same or a preceding month.

(2)as of the first day of the month in which the eighteenth birthday of an eligible child occurs, if the member upon whose pay the annuity is based died in a preceding month.

(3)as of the first day of the month in which a child first becomes or again becomes eligible, if that eligible child’s eighteenth birthday and the death of the member upon whose pay the annuity is based both occurred in a preceding month or months.

(c)(1)Upon application of the beneficiary of a member entitled to retired or retainer pay whose retired or retainer pay has been suspended because the member has been determined to be missing, the Secretary concerned may determine for purposes of this subchapter that the member is presumed dead. Any such determination shall be made in accordance with regulations prescribed under section 1444(a) of this title. The Secretary concerned may not make a determination for purposes of this subchapter that a member is presumed dead unless he finds—

(A)that the member has been missing for at least 30 days; and

(B)that the circumstances under which the member is missing would lead a reasonably prudent person to conclude that the member is dead.

(2)Upon a determination under paragraph (1) with respect to a member, an annuity otherwise payable under this subchapter shall be paid as if the member died on the date as of which the retired or retainer pay of the member was suspended.

(3)(A)If, after a determination under paragraph (1), the Secretary concerned determines that the member is alive, any annuity being paid under this subchapter by reason of this subsection shall be promptly terminated and the total amount of any annuity payments made by reason of this subsection shall constitute a debt to the United States which may be collected or offset—

(i)from any retired or retainer pay otherwise payable to the member;

(ii)if the member is entitled to compensation under chapter 11 of title 38, from that compensation; or

(iii)if the member is entitled to any other payment from the United States, from that payment.

(B)If the member dies before the full recovery of the amount of annuity payments described in subparagraph (A) has been made by the United States, the remaining amount of such annuity payments may be collected from the member’s beneficiary under this subchapter if that beneficiary was the recipient of the annuity payments made by reason of this subsection.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 143737:379.Aug. 8, 1953, ch. 393, § 10, 67 Stat. 504. The words “the person upon whose reduced pay the annuity is based” are substituted for the words “the retired member” since persons other than retired members may elect an annuity. The words “due and” and “or be paid” are omitted as surplusage.

Editorial Notes

Amendments

1985—Subsec. (c)(3)(A). Pub. L. 99–145 struck out “(notwithstanding section 144 of this title)” after “which”. 1984—Subsec. (a). Pub. L. 98–525, § 642(a)(1)(A), substituted “subsections (b) and (c),” for “subsection (b)”. Subsec. (c). Pub. L. 98–525, § 642(a)(1)(B), added subsec. (c). 1983—Subsec. (a). Pub. L. 98–94 inserted “The monthly amount of an annuity payable under this subchapter, if not a multiple of $1, shall be rounded to the next lower multiple of $1.” 1980—Subsec. (b). Pub. L. 96–513 substituted “before November 1, 1968” for “prior to the

Effective Date

of this subsection”. 1972—Subsec. (a). Pub. L. 92–425 substituted “subchapter” for “chapter”. 1968—Pub. L. 90–485 designated existing provisions as subsec. (a), inserted “Except as provided in subsection (b)”, substituted “whose pay” for “whose reduced pay”, and added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date

of 1983 AmendmentAmendment by Pub. L. 98–94 effective Oct. 1, 1983, see section 922(e) of Pub. L. 98–94, set out as a note under section 1401 of this title.

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of 1980 AmendmentAmendment 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.

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of 1968 AmendmentFor

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of amendment by Pub. L. 90–485, see section 6 of Pub. L. 90–485, set out as a note under section 1431 of this title.

§1437 Payment of annuity

Summary

Title 10, §1437

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

Amendments

Effective Date

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Effective Date

Citations & Metadata