Title 10 — Armed Forces

Part II · Chapter 73 — Annuities Based on Retired or Retainer Pay

§ 1434. Kinds of annuities that may be elected

Statutory text

The annuity that a person is entitled to elect under section 1431 or 1432 of this title shall, in conformance with actuarial tables selected by the Board of Actuaries under section 1436(a) of this title, be the amount specified by the elector at the time of the election, but not more than 50 percent nor less than 12½ percent of his retired or retainer pay, in no case less than $25. He may make the annuity payable—

to, or on behalf of, the surviving spouse, ending when the spouse dies or, if the spouse remarries before age 60, when the spouse remarries;

in equal shares to, or on behalf of, the surviving children eligible for the annuity at the time each payment is due, ending when there is no surviving eligible child; or

to, or on behalf of, the surviving spouse, and after the death of that spouse or the remarriage of that spouse before age 60, in equal shares to, or on behalf of, the surviving eligible children, ending when there is no surviving eligible child.

A person may elect to provide both the annuity provided in clause (1) of subsection (a) and that provided in clause (2) of subsection (a), but the combined amount of the annuities may not be more than 50 percent nor less than 12½ percent of his retired or retainer pay but in no case less than $25.

An election of any annuity under clause (1) or (2) of subsection (a), or any combination of annuities under subsection (b), shall provide that no deduction may be made from the elector’s retired or retainer pay after the last day of the month in which there is no beneficiary who would be eligible for the annuity if the elector died. For the purposes of the preceding sentence, a child (other than a child who is incapable of supporting himself because of a mental defect or physical incapacity existing before his eighteenth birthday) who is at least eighteen, but under twenty-three years of age, and who is not pursuing a course of study or training defined in section 1435 of this title, shall be considered an eligible beneficiary unless the Secretary concerned approves an application submitted by the member under section 1436(b)(4) of this title. An election of an annuity under clause (3) of subsection (a) shall provide that no deduction may be made from the elector’s retired or retainer pay after the last day of the month in which there is no eligible spouse because of death or divorce.

Under regulations prescribed under section 1444(a) of this title, a person may, before or after the first day for which retired or retainer pay is granted, provided for allocating, during the period of the surviving spouse’s eligibility, a part of the annuity under subsection (a)(3) for payment to those of his surviving children who are not children of that spouse.

Whenever there is an increase in retired and retainer pay under section 1401a of this title, each annuity that is payable under this subchapter on the day before the effective date of that increase to a spouse or child of a member who died on or before March 20, 1974, shall be increased by the same percentage as the percentage of that increase, effective on the effective date of that increase.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1956
Aug. 10, 1956, ch. 1041, 70A Stat. 109 · 70A Stat. 109
Enacted · 10 U.S.C. § 1434
Aug. 10, 1956, ch. 1041, 70A Stat. 109
Source evidence
Code source credit
Aug. 10, 1956, ch. 1041, 70A Stat. 109
1961
Pub. L. 87–381 § 3(1) · 75 Stat. 810
1. Substituted · 10 U.S.C. § 1434(b)
  Pub. L. 87–381, § 3(1), substituted permission to elect only 25 or 12½ percent of the member’s reduced retired or retainer pay for each annuity for provisions limiting the combined amount of the annuities to not more than 50 percent or the reduced pay
2. Added · 10 U.S.C. § 1434(b)
  Pub. L. 87–381, § 3(1), added that the reduction in pay on account of each annuity, and the amount of each annuity, shall be determined as if the other annuity had not been elected
Source evidence
Code amendment note
Subsec. (b). Pub. L. 87–381, § 3(1), substituted permission to elect only 25 or 12½ percent of the member’s reduced retired or retainer pay for each annuity for provisions limiting the combined amount of the annuities to not more than 50 percent or the reduced pay, and added that the reduction in pay on account of each annuity, and the amount of each annuity, shall be determined as if the other annuity had not been elected.
Enacted provision · exact public law section
(1) by amending subsection (b) to read as follows: “(b) A person may elect to provide both the annuity provided in clause (1) of subsection (a) and that provided in clause (2) of subsection (a), but he may elect only 25 or 12½ percent of his reduced retired or retainer pay for each annuity. The reduction in his retired or retainer pay on account of each annuity, and the amount of each annuity, shall be determined in the same manner that it would be determined if the other annuity had not been elected.”; and
1961
Pub. L. 87–381 § 3(2) · 75 Stat. 810
Added · 10 U.S.C. § 1434(d)
Pub. L. 87–381, § 3(2), added subsec. (d)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 87–381, § 3(2), added subsec. (d).
Enacted provision · exact public law section
(2) by adding the following new subsection at the end thereof: “(d) Under regulations prescribed under section 1444(a) of this 70A Stat. 111. title, a person may, before or after the first day for which retired or retainer pay is granted, provide for allocating, during the period of the surviving spouse’s eligibility, a part of the annuity under subsection (a)(3) for payment to those of his surviving children who are not children of that spouse.”
1968
Pub. L. 90–485 § 1(3) · 82 Stat. 751
Substituted · 10 U.S.C. § 1434(a)
Pub. L. 90–485 substituted provisions allowing election of an annuity amount, in conformance with the selected actuarial tables, of not more than 50 percent nor less than 12½ percent of retired or retired or retainer pay, but in no case less than $25, for provisions allowing election of an annuity amount of 50, 25, or 12½ percent of reduced retired or retainer pay
Source evidence
Code amendment note
Subsec. (a). Pub. L. 90–485 substituted provisions allowing election of an annuity amount, in conformance with the selected actuarial tables, of not more than 50 percent nor less than 12½ percent of retired or retired or retainer pay, but in no case less than $25, for provisions allowing election of an annuity amount of 50, 25, or 12½ percent of reduced retired or retainer pay.
Enacted provision · exact public law section
(1) Section 1431(b) is amended to read as follows: “(b) To provide an annuity under section 1434 of this title, a person covered by subsection (a) may elect to receive a reduced amount of the retired pay or retainer pay to which he may become entitled as a result of service in his armed force. Except as otherwise provided in this section, unless it is made before he completes nineteen years of service for which he is entitled to credit in the computation of his basic pay, the election must be made at least two years before the first day for which retired pay or retainer pay is granted. However, if, because of military operations, a member is assigned to an isolated station or is missing, interned in a neutral country, captured by a hostile force, or beleaguered or besieged, and for that reason is unable to make an election before completing nineteen years of that service, he may make the election, to become effective immediately, within one year after he ceases to be assigned to that station or returns to the jurisdiction of his armed force, as the case may be. A member to whom retired pay or retainer pay is granted retroactively, and who is otherwise eligible to make an election, may make the election within ninety days after receiving notice that such pay has been granted to him. An election made after the date of enactment of this amendment is not effective if— “(1) the elector dies during the first thirty-day period he is entitled to retired pay as a result of a physical condition which led to his being granted retired pay under chapter 61 of title 10 with 70A Stat. 91. 10 USC 1201–1221. a disability of 100 per centum under the standard schedule of rating disabilities in use by the Veterans’ Administration at the time of the determination of the per centum of his disability; “(2) the disability was not the result of injury or disease received in line of duty as a direct result of armed conflict; and “(3) his widow or children are entitled to dependency and indemnity compensation under chapter 13 of title 38 based upon 72 Stat. 1126. 38 USC 401–423. his death.”
1968
Pub. L. 90–485 § 1(3) · 82 Stat. 751
Substituted · 10 U.S.C. § 1434(b)
Pub. L. 90–485 substituted provisions that the combined amount of annuities may not be more than 50 percent nor less than 12½ percent of retired or retainer pay, but in no case less than $25, for provisions that the combined amount of annuities may be only 25 or 12½ percent of reduced retired or retainer pay and provisions that the reduction in retired or retainer pay on account of each annuity, and the amount of each annuity, be determined in the same manner that it would be determined if the other annuity had not been elected
Source evidence
Code amendment note
Subsec. (b). Pub. L. 90–485 substituted provisions that the combined amount of annuities may not be more than 50 percent nor less than 12½ percent of retired or retainer pay, but in no case less than $25, for provisions that the combined amount of annuities may be only 25 or 12½ percent of reduced retired or retainer pay and provisions that the reduction in retired or retainer pay on account of each annuity, and the amount of each annuity, be determined in the same manner that it would be determined if the other annuity had not been elected.
Enacted provision · exact public law section
(1) Section 1431(b) is amended to read as follows: “(b) To provide an annuity under section 1434 of this title, a person covered by subsection (a) may elect to receive a reduced amount of the retired pay or retainer pay to which he may become entitled as a result of service in his armed force. Except as otherwise provided in this section, unless it is made before he completes nineteen years of service for which he is entitled to credit in the computation of his basic pay, the election must be made at least two years before the first day for which retired pay or retainer pay is granted. However, if, because of military operations, a member is assigned to an isolated station or is missing, interned in a neutral country, captured by a hostile force, or beleaguered or besieged, and for that reason is unable to make an election before completing nineteen years of that service, he may make the election, to become effective immediately, within one year after he ceases to be assigned to that station or returns to the jurisdiction of his armed force, as the case may be. A member to whom retired pay or retainer pay is granted retroactively, and who is otherwise eligible to make an election, may make the election within ninety days after receiving notice that such pay has been granted to him. An election made after the date of enactment of this amendment is not effective if— “(1) the elector dies during the first thirty-day period he is entitled to retired pay as a result of a physical condition which led to his being granted retired pay under chapter 61 of title 10 with 70A Stat. 91. 10 USC 1201–1221. a disability of 100 per centum under the standard schedule of rating disabilities in use by the Veterans’ Administration at the time of the determination of the per centum of his disability; “(2) the disability was not the result of injury or disease received in line of duty as a direct result of armed conflict; and “(3) his widow or children are entitled to dependency and indemnity compensation under chapter 13 of title 38 based upon 72 Stat. 1126. 38 USC 401–423. his death.”
1968
Pub. L. 90–485 § 1(3) · 82 Stat. 751
Inserted · 10 U.S.C. § 1434(c)
Pub. L. 90–485 made mandatory the provisions that an election of any annuity under cls. (1) or (2) of subsec. (a), or any combination of annuities under subsec. (b), and the provision that an election of an annuity under cl. (3) of subsec. (a) shall provide that no deduction may be made from the elector’s retired or retainer pay after the last day of the month in which there is no beneficiary who would be eligible for the annuity if the elector died or there is no eligible spouse because of death or divorce, respectively, and inserted provision determining what constitutes an eligible beneficiary
Source evidence
Code amendment note
Subsec. (c). Pub. L. 90–485 made mandatory the provisions that an election of any annuity under cls. (1) or (2) of subsec. (a), or any combination of annuities under subsec. (b), and the provision that an election of an annuity under cl. (3) of subsec. (a) shall provide that no deduction may be made from the elector’s retired or retainer pay after the last day of the month in which there is no beneficiary who would be eligible for the annuity if the elector died or there is no eligible spouse because of death or divorce, respectively, and inserted provision determining what constitutes an eligible beneficiary.
Enacted provision · exact public law section
(1) Section 1431(b) is amended to read as follows: “(b) To provide an annuity under section 1434 of this title, a person covered by subsection (a) may elect to receive a reduced amount of the retired pay or retainer pay to which he may become entitled as a result of service in his armed force. Except as otherwise provided in this section, unless it is made before he completes nineteen years of service for which he is entitled to credit in the computation of his basic pay, the election must be made at least two years before the first day for which retired pay or retainer pay is granted. However, if, because of military operations, a member is assigned to an isolated station or is missing, interned in a neutral country, captured by a hostile force, or beleaguered or besieged, and for that reason is unable to make an election before completing nineteen years of that service, he may make the election, to become effective immediately, within one year after he ceases to be assigned to that station or returns to the jurisdiction of his armed force, as the case may be. A member to whom retired pay or retainer pay is granted retroactively, and who is otherwise eligible to make an election, may make the election within ninety days after receiving notice that such pay has been granted to him. An election made after the date of enactment of this amendment is not effective if— “(1) the elector dies during the first thirty-day period he is entitled to retired pay as a result of a physical condition which led to his being granted retired pay under chapter 61 of title 10 with 70A Stat. 91. 10 USC 1201–1221. a disability of 100 per centum under the standard schedule of rating disabilities in use by the Veterans’ Administration at the time of the determination of the per centum of his disability; “(2) the disability was not the result of injury or disease received in line of duty as a direct result of armed conflict; and “(3) his widow or children are entitled to dependency and indemnity compensation under chapter 13 of title 38 based upon 72 Stat. 1126. 38 USC 401–423. his death.”
1968
Pub. L. 90–485 § 1(3) · 82 Stat. 751
Changed · 10 U.S.C. § 1434(d)
Pub. L. 90–485 reenacted subsec. (d) without change
Source evidence
Code amendment note
Subsec. (d). Pub. L. 90–485 reenacted subsec. (d) without change.
Enacted provision · exact public law section
(1) Section 1431(b) is amended to read as follows: “(b) To provide an annuity under section 1434 of this title, a person covered by subsection (a) may elect to receive a reduced amount of the retired pay or retainer pay to which he may become entitled as a result of service in his armed force. Except as otherwise provided in this section, unless it is made before he completes nineteen years of service for which he is entitled to credit in the computation of his basic pay, the election must be made at least two years before the first day for which retired pay or retainer pay is granted. However, if, because of military operations, a member is assigned to an isolated station or is missing, interned in a neutral country, captured by a hostile force, or beleaguered or besieged, and for that reason is unable to make an election before completing nineteen years of that service, he may make the election, to become effective immediately, within one year after he ceases to be assigned to that station or returns to the jurisdiction of his armed force, as the case may be. A member to whom retired pay or retainer pay is granted retroactively, and who is otherwise eligible to make an election, may make the election within ninety days after receiving notice that such pay has been granted to him. An election made after the date of enactment of this amendment is not effective if— “(1) the elector dies during the first thirty-day period he is entitled to retired pay as a result of a physical condition which led to his being granted retired pay under chapter 61 of title 10 with 70A Stat. 91. 10 USC 1201–1221. a disability of 100 per centum under the standard schedule of rating disabilities in use by the Veterans’ Administration at the time of the determination of the per centum of his disability; “(2) the disability was not the result of injury or disease received in line of duty as a direct result of armed conflict; and “(3) his widow or children are entitled to dependency and indemnity compensation under chapter 13 of title 38 based upon 72 Stat. 1126. 38 USC 401–423. his death.”
1978
Uniformed Services Survivors’ Benefits Amendments of 1978
Pub. L. 95–397 § 101(a)(1) · 92 Stat. 843
Substituted · 10 U.S.C. § 1434(a)(1)
Pub. L. 95–397, § 101(a)(1), substituted “or, if the spouse remarries before age 60, when the spouse remarries” for “or remarries”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 95–397, § 101(a)(1), substituted “or, if the spouse remarries before age 60, when the spouse remarries” for “or remarries”.
Enacted provision · exact public law section
(1) by striking out “or remarries” in subsection (a)(1) and inserting in lieu thereof “or, if the spouse remarries before age 60, when the spouse remarries”;
1978
Uniformed Services Survivors’ Benefits Amendments of 1978
Pub. L. 95–397 § 101(a)(2) · 92 Stat. 843
Substituted · 10 U.S.C. § 1434(a)(3)
Pub. L. 95–397, § 101(a)(2), substituted “of that spouse or the remarriage of that spouse before age 60” for “or remarriage of that spouse”
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 95–397, § 101(a)(2), substituted “of that spouse or the remarriage of that spouse before age 60” for “or remarriage of that spouse”.
Enacted provision · exact public law section
(2) by striking out “or remarriage of that spouse” in subsection (a)(3) and inserting in lieu thereof “of that spouse or the remarriage of that spouse before age 60”; and
1978
Uniformed Services Survivors’ Benefits Amendments of 1978
Pub. L. 95–397 § 101(a)(3) · 92 Stat. 843
Added · 10 U.S.C. § 1434(e)
Pub. L. 95–397, § 101(a)(3), added subsec. (e)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 95–397, § 101(a)(3), added subsec. (e).
Enacted provision · exact public law section
(3) by adding at the end thereof the following new subsection: “(e) Whenever there is an increase in retired and retainer pay Retired and retainer pay, increase. 10 USC 1401a. under section 1401a of this title, each annuity that is payable under this subchapter on the day before the effective date of that increase to a spouse or child of a member who died on or before March 20, 1974, shall be increased by the same percentage as the percentage of that increase, effective on the effective date of that increase.”.
1980
Defense Officer Personnel Management Act
Pub. L. 96–513 title V § 511(56) · 94 Stat. 2835
Substituted · 10 U.S.C. § 1434(a); 10 U.S.C. § 1434(b)
Pub. L. 96–513 substituted “percent” for “per centum” wherever appearing
Source evidence
Code amendment note
Subsecs. (a), (b). Pub. L. 96–513 substituted “percent” for “per centum” wherever appearing.
Enacted provision · exact public law section
(56) Section 1434 is amended by striking out “per centum” each place it appears and inserting in lieu thereof “percent”.
Effective date note
Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.

11 of 12 references resolved to an enrolled provision · 1 partial

Notes

historicalAndRevision

Historical and Revision Notes
Revised section	Source (U.S. Code)	Source (Statutes at Large)
1434(a)1434(b)1434(c)	37:373(a) (less 4th par.).37:373(b).37:373(a)(4th par.).	Aug. 8, 1953, ch. 393, § 4 (less (c) and (d)), 67 Stat. 502.

In subsection (a), the first 17 words are substituted for 37:373(a) (1st 26 words of 1st sentence). The words “may be 50, 25, or 12½ percent” are substituted for the words “in such amount, expressed as a percentage of the reduced amount of his retired pay * * * in amounts equal to one-half, one-quarter or one-eighth”. 37:373(a) (last 53 words of 1st sentence of 2d par., and last 53 words of 1st sentence of 3d par.) is omitted as covered by section 1435(2) of this title. Clause (1) is substituted for 37:373(a)(1). Clause (2) is substituted for 37:373(a)(2) (less last 53 words of 1st sentence). Clause (3) is substituted for 37:373(a)(3) (less last 53 words of 1st sentence). The word “eligible” is inserted in clauses (2) and (3) to reflect the limitations in 37:371(f).

In subsection (c), the first 11 words are substituted for 37:373(a)(4) (1st 24 words). The words “the annuity” are substituted for the words “an annuity payable under the election made by him”.

Editorial Notes

Amendments1961–1980 · 4 rounds

1980

Subsecs. (a), (b). Pub. L. 96–513 substituted “percent” for “per centum” wherever appearing.

1978

Subsec. (a)(1). Pub. L. 95–397, § 101(a)(1), substituted “or, if the spouse remarries before age 60, when the spouse remarries” for “or remarries”.

Subsec. (a)(3). Pub. L. 95–397, § 101(a)(2), substituted “of that spouse or the remarriage of that spouse before age 60” for “or remarriage of that spouse”.

Subsec. (e). Pub. L. 95–397, § 101(a)(3), added subsec. (e).

1968

Subsec. (a). Pub. L. 90–485 substituted provisions allowing election of an annuity amount, in conformance with the selected actuarial tables, of not more than 50 percent nor less than 12½ percent of retired or retired or retainer pay, but in no case less than $25, for provisions allowing election of an annuity amount of 50, 25, or 12½ percent of reduced retired or retainer pay.

Subsec. (b). Pub. L. 90–485 substituted provisions that the combined amount of annuities may not be more than 50 percent nor less than 12½ percent of retired or retainer pay, but in no case less than $25, for provisions that the combined amount of annuities may be only 25 or 12½ percent of reduced retired or retainer pay and provisions that the reduction in retired or retainer pay on account of each annuity, and the amount of each annuity, be determined in the same manner that it would be determined if the other annuity had not been elected.

Subsec. (c). Pub. L. 90–485 made mandatory the provisions that an election of any annuity under cls. (1) or (2) of subsec. (a), or any combination of annuities under subsec. (b), and the provision that an election of an annuity under cl. (3) of subsec. (a) shall provide that no deduction may be made from the elector’s retired or retainer pay after the last day of the month in which there is no beneficiary who would be eligible for the annuity if the elector died or there is no eligible spouse because of death or divorce, respectively, and inserted provision determining what constitutes an eligible beneficiary.

Subsec. (d). Pub. L. 90–485 reenacted subsec. (d) without change.

1961

Subsec. (b). Pub. L. 87–381, § 3(1), substituted permission to elect only 25 or 12½ percent of the member’s reduced retired or retainer pay for each annuity for provisions limiting the combined amount of the annuities to not more than 50 percent or the reduced pay, and added that the reduction in pay on account of each annuity, and the amount of each annuity, shall be determined as if the other annuity had not been elected.

Subsec. (d). Pub. L. 87–381, § 3(2), added subsec. (d).

Statutory Notes and Related Subsidiaries

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.

Effective Date of 1978 Amendment

Pub. L. 95–397, title I, § 101(b), Sept. 30, 1978, 92 Stat. 843, provided that: “No benefits shall accrue to any person by virtue of the amendments made by subsection (a) [amending this section] for any period prior to the first day of the first calendar month following the month in which this Act is enacted [Sept. 1978] or October 1, 1978, whichever is later.”

Effective Date of 1968 Amendment

For effective date of amendment by Pub. L. 90–485, see section 6 of Pub. L. 90–485, set out as a note under section 1431 of this title.

Increase in Amount of Annuity Payable Under Retired Serviceman’s Family Protection Plan

Pub. L. 95–397, title I, § 102, Sept. 30, 1978, 92 Stat. 843, provided that: “Each annuity that is payable under subchapter I of chapter 73 of title 10, United States Code, on the day before the date of the enactment of this Act [Sept. 30, 1978] to a spouse or child of a member of the uniformed services who died on or before March 20, 1974, shall be increased effective as of the first day of the first calendar month following the month in which this Act [See Short Title note set out under section 1431 of this title] is enacted [September 1978], or as of October 1, 1978, whichever is later, by the percentage increase in retired and retainer pay under section 1401a of that title since September 21, 1972.”

Provisions Effective for Certain Members on August 13, 1968

Provisions of this section as amended by Pub. L. 90–485 effective immediately and automatically for members to whom section 1431 of this title applies on Aug. 13, 1968, see section 3 of Pub. L. 90–485, set out as a note under section 1431 of this title.

Credits

1956–1980 · 5 acts

1956Aug. 10, 1956, ch. 1041, 70A Stat. 109
1961Pub. L. 87–381, § 3, Oct. 4, 1961, 75 Stat. 811
1968Pub. L. 90–485, § 1(3), Aug. 13, 1968, 82 Stat. 751
1978Pub. L. 95–397, title I, § 101(a), Sept. 30, 1978, 92 Stat. 843
1980Pub. L. 96–513, title V, § 511(56), Dec. 12, 1980, 94 Stat. 2925.

Show as published

(Aug. 10, 1956, ch. 1041, 70A Stat. 109; Pub. L. 87–381, § 3, Oct. 4, 1961, 75 Stat. 811; Pub. L. 90–485, § 1(3), Aug. 13, 1968, 82 Stat. 751; Pub. L. 95–397, title I, § 101(a), Sept. 30, 1978, 92 Stat. 843; Pub. L. 96–513, title V, § 511(56), Dec. 12, 1980, 94 Stat. 2925.)