2015 US Code
Title 10 - Armed Forces (Sections 101 - 18506)
Subtitle A - General Military Law (Sections 101 - 2926)
Part II - Personnel (Sections 501 - 1805)
Chapter 73 - Annuities Based on Retired or Retainer Pay (Sections 1431 - 1460b)
Subchapter I - Retired Serviceman's Family Protection Plan (Sections 1431 - 1446)
Sec. 1438 - Deposits for amounts not deducted

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Metadata
Publication TitleUnited States Code, 2012 Edition, Supplement 3, 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. 1438 - Deposits for amounts not deducted
Containssection 1438
Date2015
Laws In Effect As Of DateJanuary 3, 2016
Positive LawYes
Dispositionstandard
Source CreditAug. 10, 1956, ch. 1041, 70A Stat. 110; Pub. L. 92-425, §1(2)(A), Sept. 21, 1972, 86 Stat. 706.
Statutes at Large References67 Stat. 504
86 Stat. 706
Public and Private LawsPublic Law 92-425

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10 U.S.C. § 1438 (2015)
§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.

AMENDMENTS

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

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