§1435 — Title 10 Armed Forces | U.S. Code

Summary

Only certain family members can be named or get payments from an annuity a member of the armed forces chooses when the member retires or becomes entitled to retired or retainer pay (or, if the member was already retired or entitled on November 1, 1953, that date). Eligible people are the spouse who is married to the member on that date, and the member’s children who are unmarried, meet the age or disability rules (under 18; disabled before 18; or 18 to under 23 and in full‑time study), are legitimate, adopted, or dependent stepchildren, and were born and alive on that date.

Title 10, §1435

Armed Forces — Source: USLM XML via OLRC

Only the following persons are eligible to be made the beneficiaries of, or to receive payments under, an annuity elected under this subchapter by a member of the armed forces:

(1)The spouse of the member on the date when the member is retired or becomes entitled to retired or retainer pay or, if the member was already retired or entitled to retired or retainer pay on November 1, 1953, the spouse on that date.

(2)The children of the member who are—

(A)unmarried;

(B)under eighteen years of age, or incapable of supporting themselves because of a mental defect or physical incapacity existing before their eighteenth birthday, or at least eighteen, but under twenty-three, years of age and pursuing a full-time course of study or training in a high school, trade school, technical or vocational institute, junior college, college, university, or comparable recognized educational institution;

(C)legitimate or adopted children of, or stepchildren in fact dependent for their support upon, the member;

(D)living on the date when the member is retired or becomes entitled to retired or retainer pay or, if the member was already retired or entitled to retired or retainer pay on November 1, 1953, living on that date; and

(E)born on or before the date prescribed in clause (D).

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 1435(1)1435(2)37:371(e).37:371(f).Aug. 8, 1953, ch. 393, § 2(e), (f), 67 Stat. 501. In clauses (1) and (2), the words “is retired or becomes entitled to retired or retainer pay” are substituted for the words “retired member”, since the words “retired member”, as defined in the source statute, included former members who have been awarded that pay. In clause (1), the words “ ‘widow’ includes a widower” are omitted as covered by the definition of “spouse” in section 101(32) of this title.

Editorial Notes

Amendments

1972—Pub. L. 92–425 substituted “subchapter” for “chapter”. 1968—Pub. L. 90–485 inserted provisions in cl. (2)(B) concerning children of the member who are at least 18, but under 23 and pursuing a full-time course of study or training and inserted text following cl. (2)(E) relating to children considered to be pursuing a full-time course of study or training.

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.

§1435 Eligible Beneficiaries