Title 10 — Armed ForcesRelease 119-73not60
§1439 Refund of Amounts Deducted From Retired Pay
Title 10 › Subtitle Subtitle A— General Military Law › Part II— PERSONNEL › Chapter 73— ANNUITIES BASED ON RETIRED OR RETAINER PAY › Subchapter I— RETIRED SERVICEMAN’S FAMILY PROTECTION PLAN › § 1439
Summary
Someone on the temporary disability retired list who chose an annuity and is later removed for reasons other than retirement or receiving retired pay must be refunded the pay cut for the annuity minus the cost of term insurance that paid for dependent coverage.
Full Legal Text
Title 10, §1439
Armed Forces — Source: USLM XML via OLRC
If a person whose name is on the temporary disability retired list of an armed force, and who has elected an annuity under this subchapter, has his name removed from that list for any reason other than retirement or grant of retired pay, he is entitled to a refund of the difference between the amount by which his retired pay was reduced to provide the annuity and the cost of an amount of term insurance equal to the protection provided for his dependents during the period that he was on that list.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large) 143937:373(d).Aug. 8, 1953, ch. 393, § 4(d), 67 Stat. 503. The words “person whose name is on” are substituted for the words “Any active member or former member on the”. The words “is entitled to a refund” are substituted for the words “shall have refunded to him”. The words “permanent”, “a sum which represents”, and “in accordance with his election under section 372 of this title” are omitted as surplusage. The words “retirement or grant of retired pay” are substituted for the words “permanent retirement”, since under chapter 67 of this title a member of the Army or Air Force may be granted retired pay without being retired.
Editorial Notes
Amendments
1972—Pub. L. 92–425 substituted “subchapter” for “chapter”.
Reference
Citations & Metadata
Citation
10 U.S.C. § 1439
Title 10 — Armed Forces
Last Updated
Apr 3, 2026
Release point: 119-73not60