Title 10 — Armed ForcesRelease 119-73

§1446 Restriction on participation

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 › § 1446

Last updated Apr 6, 2026|Official source

Summary

If someone picked the option under this part and then retires for physical disability before completing 19 years of credited service used to compute basic pay, their chosen beneficiaries cannot receive the annuities under this part. If the beneficiaries are blocked this way, any money that was taken from the retiree’s retired or retainer pay because of that choice must be given back to the beneficiaries, minus any annuity payments already made, and no interest will be added.

Full Legal Text

Title 10, §1446

Armed Forces — Source: USLM XML via OLRC

(a)Notwithstanding section 1441 of this title, if a person—

(1)has made an election under this subchapter; 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;

(b)Whenever the beneficiaries on whose behalf the election was made are restricted, under subsection (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 subchapter shall be refunded to the beneficiaries, less the amount of any annuities paid under this subchapter, and in either case without interest.

Legislative History

Notes & Related Subsidiaries

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 AmendmentAmendment by Pub. L. 90–485 effective on first day of third calendar month following Aug. 13, 1968, see section 6 of Pub. L. 90–485, set out as a note under section 1431 of this title.

Reference

Citations & Metadata

Citation

10 U.S.C. § 1446

Title 10 — Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73