US Code

Public Law 119-73 (01/23/2026)

10 U.S.C. § 1434

Kinds of annuities that may be elected

(a)
section 1436(a) of this title The annuity that a person is entitled to elect under section 1431 or 1432 of this title shall, in conformance with actuarial tables selected by the Board of Actuaries under , be the amount specified by the elector at the time of the election, but not more than 50 percent nor less than 12½ percent of his retired or retainer pay, in no case less than $25. He may make the annuity payable—
(1)
to, or on behalf of, the surviving spouse, ending when the spouse dies or, if the spouse remarries before age 60, when the spouse remarries;
(2)
in equal shares to, or on behalf of, the surviving children eligible for the annuity at the time each payment is due, ending when there is no surviving eligible child; or
(3)
to, or on behalf of, the surviving spouse, and after the death of that spouse or the remarriage of that spouse before age 60, in equal shares to, or on behalf of, the surviving eligible children, ending when there is no surviving eligible child.
(b)
A person may elect to provide both the annuity provided in clause (1) of subsection (a) and that provided in clause (2) of subsection (a), but the combined amount of the annuities may not be more than 50 percent nor less than 12½ percent of his retired or retainer pay but in no case less than $25.
(c)
section 1435 of this titlesection 1436(b)(4) of this title An election of any annuity under clause (1) or (2) of subsection (a), or any combination of annuities under subsection (b), shall provide that no deduction may be made from the elector’s retired or retainer pay after the last day of the month in which there is no beneficiary who would be eligible for the annuity if the elector died. For the purposes of the preceding sentence, a child (other than a child who is incapable of supporting himself because of a mental defect or physical incapacity existing before his eighteenth birthday) who is at least eighteen, but under twenty-three years of age, and who is not pursuing a course of study or training defined in , shall be considered an eligible beneficiary unless the Secretary concerned approves an application submitted by the member under . An election of an annuity under clause (3) of subsection (a) shall provide that no deduction may be made from the elector’s retired or retainer pay after the last day of the month in which there is no eligible spouse because of death or divorce.
(d)
section 1444(a) of this title Under regulations prescribed under , a person may, before or after the first day for which retired or retainer pay is granted, provided for allocating, during the period of the surviving spouse’s eligibility, a part of the annuity under subsection (a)(3) for payment to those of his surviving children who are not children of that spouse.
(e)
section 1401a of this title Whenever there is an increase in retired and retainer pay under , each annuity that is payable under this subchapter on the day before the effective date of that increase to a spouse or child of a member who died on or before , shall be increased by the same percentage as the percentage of that increase, effective on the effective date of that increase.

Aug. 10, 1956, ch. 104170A Stat. 109Pub. L. 87–381, § 375 Stat. 811Pub. L. 90–485, § 1(3)82 Stat. 751Pub. L. 95–397, title I, § 101(a)92 Stat. 843Pub. L. 96–513, title V, § 511(56)94 Stat. 2925(, ; , , ; , , ; , , ; , , .)

Historical and Revision Notes

Revised section

Source (U.S. Code)

Source (Statutes at Large)

1434(a)

1434(b)

1434(c)

37:373(a) (less 4th par.).

37:373(b).

37:373(a)(4th par.).

Aug. 8, 1953, ch. 393, § 4 (less (c) and (d)), 67 Stat. 502.

section 1435(2) of this titleIn subsection (a), the first 17 words are substituted for 37:373(a) (1st 26 words of 1st sentence). The words “may be 50, 25, or 12½ percent” are substituted for the words “in such amount, expressed as a percentage of the reduced amount of his retired pay * * * in amounts equal to one-half, one-quarter or one-eighth”. 37:373(a) (last 53 words of 1st sentence of 2d par., and last 53 words of 1st sentence of 3d par.) is omitted as covered by . Clause (1) is substituted for 37:373(a)(1). Clause (2) is substituted for 37:373(a)(2) (less last 53 words of 1st sentence). Clause (3) is substituted for 37:373(a)(3) (less last 53 words of 1st sentence). The word “eligible” is inserted in clauses (2) and (3) to reflect the limitations in 37:371(f).

In subsection (c), the first 11 words are substituted for 37:373(a)(4) (1st 24 words). The words “the annuity” are substituted for the words “an annuity payable under the election made by him”.

Editorial Notes

Amendments

Pub. L. 96–5131980—Subsecs. (a), (b). substituted “percent” for “per centum” wherever appearing.

Pub. L. 95–397, § 101(a)(1)1978—Subsec. (a)(1). , substituted “or, if the spouse remarries before age 60, when the spouse remarries” for “or remarries”.

Pub. L. 95–397, § 101(a)(2)Subsec. (a)(3). , substituted “of that spouse or the remarriage of that spouse before age 60” for “or remarriage of that spouse”.

Pub. L. 95–397, § 101(a)(3)Subsec. (e). , added subsec. (e).

Pub. L. 90–4851968—Subsec. (a). substituted provisions allowing election of an annuity amount, in conformance with the selected actuarial tables, of not more than 50 percent nor less than 12½ percent of retired or retired or retainer pay, but in no case less than $25, for provisions allowing election of an annuity amount of 50, 25, or 12½ percent of reduced retired or retainer pay.

Pub. L. 90–485Subsec. (b). substituted provisions that the combined amount of annuities may not be more than 50 percent nor less than 12½ percent of retired or retainer pay, but in no case less than $25, for provisions that the combined amount of annuities may be only 25 or 12½ percent of reduced retired or retainer pay and provisions that the reduction in retired or retainer pay on account of each annuity, and the amount of each annuity, be determined in the same manner that it would be determined if the other annuity had not been elected.

Pub. L. 90–485Subsec. (c). made mandatory the provisions that an election of any annuity under cls. (1) or (2) of subsec. (a), or any combination of annuities under subsec. (b), and the provision that an election of an annuity under cl. (3) of subsec. (a) shall provide that no deduction may be made from the elector’s retired or retainer pay after the last day of the month in which there is no beneficiary who would be eligible for the annuity if the elector died or there is no eligible spouse because of death or divorce, respectively, and inserted provision determining what constitutes an eligible beneficiary.

Pub. L. 90–485Subsec. (d). reenacted subsec. (d) without change.

Pub. L. 87–381, § 3(1)1961—Subsec. (b). , substituted permission to elect only 25 or 12½ percent of the member’s reduced retired or retainer pay for each annuity for provisions limiting the combined amount of the annuities to not more than 50 percent or the reduced pay, and added that the reduction in pay on account of each annuity, and the amount of each annuity, shall be determined as if the other annuity had not been elected.

Pub. L. 87–381, § 3(2)Subsec. (d). , added subsec. (d).

Statutory Notes and Related Subsidiaries

Effective Date of 1980 Amendment

Pub. L. 96–513section 701(b)(3) of Pub. L. 96–513section 101 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1978 Amendment

Pub. L. 95–397, title I, § 101(b)92 Stat. 843

“No benefits shall accrue to any person by virtue of the amendments made by subsection (a) [amending this section] for any period prior to the first day of the first calendar month following the month in which this Act is enacted [Sept. 1978] or , whichever is later.”
, , , provided that:

Effective Date of 1968 Amendment

Pub. L. 90–485section 6 of Pub. L. 90–485section 1431 of this titleFor effective date of amendment by , see , set out as a note under .

Increase in Amount of Annuity Payable Under Retired Serviceman’s Family Protection Plan

Pub. L. 95–397, title I, § 10292 Stat. 843

section 1431 of this title“Each annuity that is payable under subchapter I of chapter 73 of title 10, United States Code, on the day before the date of the enactment of this Act [] to a spouse or child of a member of the uniformed services who died on or before , shall be increased effective as of the first day of the first calendar month following the month in which this Act [See Short Title note set out under ] is enacted [September 1978], or as of , whichever is later, by the percentage increase in retired and retainer pay under section 1401a of that title since .”
, , , provided that:

Provisions Effective for Certain Members on

Pub. L. 90–485section 1431 of this titlesection 3 of Pub. L. 90–485section 1431 of this titleProvisions of this section as amended by effective immediately and automatically for members to whom applies on , see , set out as a note under .