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 II - SURVIVOR BENEFIT PLAN (§§ 1447 - 1455)
Section 1449 - Mental incompetency of member
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 5, Title 10 - ARMED FORCES |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 73 - ANNUITIES BASED ON RETIRED OR RETAINER PAY SUBCHAPTER II - SURVIVOR BENEFIT PLAN Sec. 1449 - Mental incompetency of member |
Contains | section 1449 |
Date | 2011 |
Laws in Effect as of Date | January 3, 2012 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 92-425, §1(3), Sept. 21, 1972, 86 Stat. 708; amended Pub. L. 95-397, title II, §207(a), Sept. 30, 1978, 92 Stat. 848; Pub. L. 101-189, div. A, title XIV, §1407(a)(3), title XVI, §1621(a)(1), Nov. 29, 1989, 103 Stat. 1588, 1602; Pub. L. 104-201, div. A, title VI, §634, Sept. 23, 1996, 110 Stat. 2560. |
Statutes at Large References | 86 Stat. 708 92 Stat. 848 103 Stat. 1588 110 Stat. 2560 |
Public Law References | Public Law 92-425, Public Law 95-397, Public Law 101-189, Public Law 104-201 |
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(Added Pub. L. 92–425, §1(3), Sept. 21, 1972, 86 Stat. 708; amended Pub. L. 95–397, title II, §207(a), Sept. 30, 1978, 92 Stat. 848; Pub. L. 101–189, div. A, title XIV, §1407(a)(3), title XVI, §1621(a)(1), Nov. 29, 1989, 103 Stat. 1588, 1602; Pub. L. 104–201, div. A, title VI, §634, Sept. 23, 1996, 110 Stat. 2560.)
Amendments1996—Pub. L. 104–201 amended section generally. Prior to amendment, section read as follows: “If a person to whom section 1448 of this title applies is determined to be mentally incompetent by medical officers of the armed force concerned or of the Department of Veterans Affairs, or by a court of competent jurisdiction, any election described in subsection (a)(2) or (b) of section 1448 of this title may be made on behalf of that person by the Secretary concerned. If the person for whom the Secretary has made an election is later determined to be mentally competent by an authority named in the first sentence, he may, within 180 days after that determination revoke that election. Any deductions made from retired pay by reason of such an election will not be refunded.”
1989—Pub. L. 101–189 substituted “Department of Veterans Affairs” for “Veterans’ Administration” and struck out “or retainer” after “made from retired”.
1978—Pub. L. 95–397 substituted “subsection (a)(2) or (b)” for “the first sentence of subsection (a), or subsection (b)”.
Effective Date of 1978 AmendmentAmendment by Pub. L. 95–397 effective Oct. 1, 1978, and applicable to annuities payable by virtue of amendment for months beginning on or after such date, see section 210 of Pub. L. 95–397, set out as a note under section 1447 of this title.
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