Public Law 119-87 (04/30/2026)

10 U.S.C. § 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)86 Stat. 706 (, ; , , .)

Historical and Revision Notes

Revised section

Source (U.S. Code)

Source (Statutes at Large)

1438

37:374.

Aug. 8, 1953, ch. 393, § 5, 67 Stat. 504.

section 372 of this titleThe 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 ”, 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

Pub. L. 92–4251972— substituted “subchapter” for “chapter”.