§ 1435. Eligible beneficiaries

Statutory text

Only the following persons are eligible to be made the beneficiaries of, or to receive payments under, an annuity elected under this subchapter by a member of the armed forces:

The spouse of the member on the date when the member is retired or becomes entitled to retired or retainer pay or, if the member was already retired or entitled to retired or retainer pay on November 1, 1953, the spouse on that date.

The children of the member who are—

unmarried;

under eighteen years of age, or incapable of supporting themselves because of a mental defect or physical incapacity existing before their eighteenth birthday, or at least eighteen, but under twenty-three, years of age and pursuing a full-time course of study or training in a high school, trade school, technical or vocational institute, junior college, college, university, or comparable recognized educational institution;

legitimate or adopted children of, or stepchildren in fact dependent for their support upon, the member;

living on the date when the member is retired or becomes entitled to retired or retainer pay or, if the member was already retired or entitled to retired or retainer pay on November 1, 1953, living on that date; and

born on or before the date prescribed in clause (D).

For the purposes of clause (2)(B), a child is considered to be pursuing a full-time course of study or training during an interval between school years that does not exceed one hundred and fifty days if he has demonstrated to the satisfaction of the Secretary concerned that he has a bonafide intention of commencing, resuming, or continuing to pursue a full-time course of study or training in a recognized educational institution immediately after that interval.

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. 110 · 70A Stat. 110
Enacted · 10 U.S.C. § 1435
Aug. 10, 1956, ch. 1041, 70A Stat. 110
Source evidence
Code source credit
Aug. 10, 1956, ch. 1041, 70A Stat. 110
1968
Pub. L. 90–485 § 1(4) · 82 Stat. 751
1. Inserted · 10 U.S.C. § 1435
  Pub. L. 90–485 inserted provisions in cl. (2)(B) concerning children of the member who are at least 18, but under 23 and pursuing a full-time course of study or training
2. Inserted · 10 U.S.C. § 1435
  Pub. L. 90–485 inserted text following cl. (2)(E) relating to children considered to be pursuing a full-time course of study or training
Source evidence
Code amendment note
Pub. L. 90–485 inserted provisions in cl. (2)(B) concerning children of the member who are at least 18, but under 23 and pursuing a full-time course of study or training and inserted text following cl. (2)(E) relating to children considered to be pursuing a full-time course of study or training.
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.”
Effective date note
Amendment by Pub. L. 90–485 effective on first day of third calendar month following Aug. 13, 1968, see section 6 of Pub. L. 90–485, set out as a note under section 1431 of this title.
1972
Pub. L. 92–425 § 1(2)(A) · 86 Stat. 706
Substituted · 10 U.S.C. § 1435
Pub. L. 92–425 substituted “subchapter” for “chapter”
Source evidence
Code amendment note
Pub. L. 92–425 substituted “subchapter” for “chapter”.
Enacted provision · exact public law section
(1) The title of the chapter is amended by adding “; SURVIVOR BENEFIT PLAN” after “PAY”, and by inserting the following after the revised title; “Subchapter “I. Retired Serviceman’s Family Protection Plan “II. Survivor Benefit Plan “Subchapter I.— Retired Serviceman’s Family Protection Plan”.

3 of 4 references resolved to an enrolled provision · 1 partial

Notes

historicalAndRevision

Historical and Revision Notes
Revised section	Source (U.S. Code)	Source (Statutes at Large)
1435(1)1435(2)	37:371(e).37:371(f).	Aug. 8, 1953, ch. 393, § 2(e), (f), 67 Stat. 501.

In clauses (1) and (2), the words “is retired or becomes entitled to retired or retainer pay” are substituted for the words “retired member”, since the words “retired member”, as defined in the source statute, included former members who have been awarded that pay.

In clause (1), the words “ ‘widow’ includes a widower” are omitted as covered by the definition of “spouse” in section 101(32) of this title.

Editorial Notes

Amendments1968–1972 · 2 rounds

1972

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

1968

Pub. L. 90–485 inserted provisions in cl. (2)(B) concerning children of the member who are at least 18, but under 23 and pursuing a full-time course of study or training and inserted text following cl. (2)(E) relating to children considered to be pursuing a full-time course of study or training.

Statutory Notes and Related Subsidiaries

Effective Date of 1968 Amendment

Amendment by Pub. L. 90–485 effective on first day of third calendar month following Aug. 13, 1968, see section 6 of Pub. L. 90–485, set out as a note under section 1431 of this title.

Credits

1956–1972 · 3 acts

1956Aug. 10, 1956, ch. 1041, 70A Stat. 110
1968Pub. L. 90–485, § 1(4), (5), Aug. 13, 1968, 82 Stat. 752
1972Pub. L. 92–425, § 1(2)(A), Sept. 21, 1972, 86 Stat. 706.

Show as published

(Aug. 10, 1956, ch. 1041, 70A Stat. 110; Pub. L. 90–485, § 1(4), (5), Aug. 13, 1968, 82 Stat. 752; Pub. L. 92–425, § 1(2)(A), Sept. 21, 1972, 86 Stat. 706.)