10 USC 1438: Deposits for amounts not deducted
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10 USC 1438: Deposits for amounts not deducted Text contains those laws in effect on July 18, 2024
From Title 10-ARMED FORCESSubtitle A-General Military LawPART II-PERSONNELCHAPTER 73-ANNUITIES BASED ON RETIRED OR RETAINER PAYSUBCHAPTER I-RETIRED SERVICEMAN'S FAMILY PROTECTION PLAN

§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".