2017 US Code
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

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Citation 10 U.S.C. § 1438 (2017)
Section Name §1438. Deposits for amounts not deducted
Section Text

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.

Source Credit

(Aug. 10, 1956, ch. 1041, 70A Stat. 110; Pub. L. 92–425, §1(2)(A), Sept. 21, 1972, 86 Stat. 706.)

Editorial Notes
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".

Publication Title United States Code, 2012 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 I - RETIRED SERVICEMAN'S FAMILY PROTECTION PLAN
Sec. 1438 - Deposits for amounts not deducted
Contains section 1438
Date 2017
Laws In Effect As Of Date January 12, 2018
Positive Law Yes
Disposition standard
Statutes at Large References 67 Stat. 504
86 Stat. 706
Public Law References Public Law 92-425
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