§1433 — Title 10 Armed Forces | U.S. Code

Summary

The Secretary can make the retirement or benefit choice for someone who should choose under sections 1431 or 1432 when medical officers (from the person’s service or the VA) or a court find the person mentally incompetent and they cannot decide in time. The Secretary acts if the spouse asks, or if there is no spouse, the eligible children under section 1435 ask. If the person is later found mentally competent by VA doctors or a court, they have 180 days after that finding to change or cancel the choice. Any money taken from their retired or retainer pay before that change cannot be refunded.

Title 10, §1433

Armed Forces — Source: USLM XML via OLRC

If a person who would be entitled to make an election under section 1431 or 1432 of this title is determined to be mentally incompetent by medical officers of the armed force concerned or of the Department of Veterans Affairs, or by a court of competent jurisdiction, and for that reason cannot make the election within the prescribed time, the Secretary concerned may make an election for that person upon the request of his spouse or, if there is no spouse, of his children who would be eligible to be made beneficiaries under section 1435 of this title. If the person for whom the Secretary has made an election is later determined to be mentally competent by medical officers of the Department of Veterans Affairs or by a court of competent jurisdiction, he may, within 180 days after that determination, change or revoke that election. However, deductions made from his retired or retainer pay before that date may not be refunded.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 143337:372 (less (a) and (b)).Aug. 8, 1953, ch. 393, § 3 (less (a) and (b)), 67 Stat. 502. The first 19 words are substituted for 37:372(c) (1st 9 words). The words “who would be eligible to be made beneficiaries under section 1435 of this title” are inserted to reflect the limitations in 37:371(f). The words “for that reason cannot” are substituted for the words “because of such mental incompetency is incapable of”. The words “or is adjudged mentally incompetent”, “provided for in this section”, and “where appropriate is subsequently adjudged mentally competent” are omitted as surplusage. The last sentence is substituted for 37:372(c) (last sentence).

Editorial Notes

Amendments

1989—Pub. L. 101–189 substituted “Department of Veterans Affairs” for “Veterans’ Administration” in two places.

§1433 Mental Incompetency of Member