Title 10 — Armed ForcesRelease 119-73
§1438 Deposits for amounts not deducted
Title 10 › Subtitle Subtitle A— - General Military Law › Part PART II— - PERSONNEL › Chapter CHAPTER 73— - ANNUITIES BASED ON RETIRED OR RETAINER PAY › Subchapter SUBCHAPTER I— - RETIRED SERVICEMAN’S FAMILY PROTECTION PLAN › § 1438
Summary
If a retiree who chose an annuity has no retired or retainer pay for any period, they must pay into the Treasury the amount that would have been deducted from their pay for that period.
Full Legal Text
Title 10, §1438
Armed Forces — Source: USLM XML via OLRC
If, for any period, a person who has been retired or has become entitled to retired or retainer pay, and who has elected an annuity under this subchapter, is not entitled to retired or retainer pay, he must deposit in the Treasury the amount that would otherwise have been deducted from his pay for that period to provide the annuity.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large) 143837:374.Aug. 8, 1953, ch. 393, § 5, 67 Stat. 504. The words “a person who has been retired or has become entitled to retired or retainer pay, and who has elected an annuity under this chapter” are substituted for the words “a retired member of a uniformed service 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 members. The word “otherwise” is substituted for the words “had he been receiving that pay”. The words “to provide the annuity” are inserted for clarity.
Editorial Notes
Amendments
1972—Pub. L. 92–425 substituted “subchapter” for “chapter”.
Reference
Citations & Metadata
Citation
10 U.S.C. § 1438
Title 10 — Armed Forces
Last Updated
Apr 6, 2026
Release point: 119-73