2011 US Code
Title 10 - Armed Forces
Subtitle A - General Military Law (§§ 101 - 2925)
Part II - PERSONNEL (§§ 501 - 1805)
Chapter 73 - ANNUITIES BASED ON RETIRED OR RETAINER PAY (§§ 1431 - 1460b)
Subchapter I - RETIRED SERVICEMAN'S FAMILY PROTECTION PLAN (§§ 1431 - 1446)
Section 1439 - Refund of amounts deducted from retired pay

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Metadata
Publication TitleUnited States Code, 2006 Edition, Supplement 5, Title 10 - ARMED FORCES
CategoryBills and Statutes
CollectionUnited States Code
SuDoc Class NumberY 1.2/5:
Contained WithinTitle 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. 1439 - Refund of amounts deducted from retired pay
Containssection 1439
Date2011
Laws in Effect as of DateJanuary 3, 2012
Positive LawYes
Dispositionstandard
Source CreditAug. 10, 1956, ch. 1041, 70A Stat. 111; Pub. L. 92-425, §1(2)(A), Sept. 21, 1972, 86 Stat. 706.
Statutes at Large References67 Stat. 503
86 Stat. 706
Public Law ReferencesPublic Law 92-425

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10 USC § 1439 (2011)
§1439. Refund of amounts deducted from retired pay

If a person whose name is on the temporary disability retired list of an armed force, and who has elected an annuity under this subchapter, has his name removed from that list for any reason other than retirement or grant of retired pay, he is entitled to a refund of the difference between the amount by which his retired pay was reduced to provide the annuity and the cost of an amount of term insurance equal to the protection provided for his dependents during the period that he was on that list.

(Aug. 10, 1956, ch. 1041, 70A Stat. 111; 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)
1439 37:373(d). Aug. 8, 1953, ch. 393, §4(d), 67 Stat. 503.

The words “person whose name is on” are substituted for the words “Any active member or former member on the”. The words “is entitled to a refund” are substituted for the words “shall have refunded to him”. The words “permanent”, “a sum which represents”, and “in accordance with his election under section 372 of this title” are omitted as surplusage. The words “retirement or grant of retired pay” are substituted for the words “permanent retirement”, since under chapter 67 of this title a member of the Army or Air Force may be granted retired pay without being retired.

Amendments

1972—Pub. L. 92–425 substituted “subchapter” for “chapter”.

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