Title 10 — Armed ForcesRelease 119-73not60
§1446 Restriction on Participation
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 › § 1446
Summary
If someone chose the election and then retires for disability before 19 years of service that count toward basic pay, their named beneficiaries cannot get annuities under this subchapter. Any money taken from the retiree’s or retainer pay because of that election must be returned to those beneficiaries, minus any annuities already paid, and no interest is 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 3, 2026
Release point: 119-73not60