10 U.S.C. · Armed Forces
10 U.S.C. § 1438

Deposits for amounts not deducted

Ch. 73 — ANNUITIES BASED ON RETIRED OR RETAINER PAY
Title 10 U.S.C. ● ACTIVE Primary Source Ch. 73
Statutory Text

10 U.S.C. § 1438 — Deposits for amounts not deducted

U.S.C. Title 10 - ARMED FORCES 10 U.S.C. United States Code, 2023 Edition Title 10 - ARMED FORCES 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 Sec. 1438 - Deposits for amounts not deducted From the U.S. Government Publishing Office, www.gpo.gov

§1438. Deposits for amounts not deducted

If, for any period, a person who has been retired or has become entitled to retired or retainer pay, and who has elected an annuity under this subchapter, is not entitled to retired or retainer pay, he must deposit in the Treasury the amount that would otherwise have been deducted from his pay for that period to provide the annuity.

(Aug. 10, 1956, ch. 1041, 70A Stat. 110; Pub. L. 92–425, §1(2)(A), Sept. 21, 1972, 86 Stat. 706.)

Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large)

1438 37:374. Aug. 8, 1953, ch. 393, §5, 67 Stat. 504.

The words "a person who has been retired or has become entitled to retired or retainer pay, and who has elected an annuity under this chapter" are substituted for the words "a retired member of a uniformed service who has made the election specified in section 372 of this title", since the revised chapter applies to persons who are receiving retired pay as well as retired members. The word "otherwise" is substituted for the words "had he been receiving that pay". The words "to provide the annuity" are inserted for clarity.

Editorial Notes

Amendments 1972—Pub. L. 92–425 substituted "subchapter" for "chapter".

Source: uscode.house.gov — public domain Official Source ↗
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