10 U.S.C. § 1438

§1438. Deposits for amounts not deducted

Edition 2024

U.S.C. Title 10 - ARMED FORCES
10 U.S.C.

United States Code, 2024 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".

Official source