10 U.S.C. § 1446: Restriction on participation

Summary

If a person chose this pay option, retired for physical disability before completing 19 years of credited service, and then dies, their survivors cannot get the annuities under this subchapter until they prove to the appropriate department that they are not eligible for benefits under chapter 11 or 13 of title 38. If the survivors are not eligible, the annuity starts on the first day of the month the death occurred. If the survivors are kept from the annuity under the rule above, the amounts taken from the retiree’s retired or retainer pay because of the election must be refunded to the survivors, minus any annuities already paid, and the refund is paid without interest.

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;

and thereafter dies, his beneficiaries are not entitled to the annuities provided under this subchapter until they give proof to the department concerned that they are not eligible for benefits under chapter 11 or 13 of title 38. If the beneficiaries are not eligible for benefits under chapter 11 or 13 of title 38, the annuity shall begin on the first day of the month in which the death occurs.

(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.

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.

§1446 Restriction on Participation