§ 1436. Computation of reduction in retired pay; withdrawal for severe financial hardship

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.

1. 1956

   Aug. 10, 1956, ch. 1041, 70A Stat. 110 · 70A Stat. 110

   Enacted · 10 U.S.C. § 1436

   Aug. 10, 1956, ch. 1041, 70A Stat. 110

   Source evidence

   Code source credit
   Aug. 10, 1956, ch. 1041, 70A Stat. 110

2. 1961

   Pub. L. 87–381 § 4 · 75 Stat. 810

   1. Amended · 10 U.S.C. § 1436

      Pub. L. 87–381 designated existing provisions as subsec. (a)

   2. Added · 10 U.S.C. § 1436

      Pub. L. 87–381 added subsec. (b)

   3. Inserted · 10 U.S.C. § 1436

      Pub. L. 87–381 inserted “; withdrawal for severe financial hardship” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 87–381 designated existing provisions as subsec. (a), added subsec. (b), and inserted “; withdrawal for severe financial hardship” in section catchline.

   Enacted provision · exact public law section
   Sec. 4. Section 1436 of title 10, United States Code, is amended— 70A Stat. 110. (1) by adding the following at the end of the catchline: “; withdrawal for severe financial hardship”; (2) by inserting the designation “(a)” before the words “The reduction” at the beginning; and (3) by adding the following new subsection at the end thereof: “(b) Under regulations prescribed under section 1444(a) of this title, the Secretary concerned may, whenever he considers it necessary because of the member’s severe financial hardship, allow him to withdraw from participation in an annuity program under this chapter, when requiring the member to continue to participate in the program would violate equity and good conscience. The absence of an eligible beneficiary shall not of itself be a basis for such action. However, no amounts by which retired or retainer pay is reduced may be refunded to him under this subsection.”

3. 1967

   Pub. L. 90–207 § 2(a)(3) · 81 Stat. 649

   Inserted · 10 U.S.C. § 1436(a)

   Pub. L. 90–207 inserted “but without regard to any increase in that pay to reflect changes in the Consumer Price Index” after “that pay”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 90–207 inserted “but without regard to any increase in that pay to reflect changes in the Consumer Price Index” after “that pay”.

   Enacted provision · exact public law section
   (3) The first sentence of section 1436(a) is amended by inserting 70A Stat. 110; 75 Stat. 811. “but without regard to any increase in that pay to reflect changes in the Consumer Price Index” after “that pay” and before the period.

4. 1968

   Pub. L. 90–485 § 1(6) · 82 Stat. 751

   1. Amended · 10 U.S.C. § 1436(b)

      Pub. L. 90–485, as amended by Pub. L. 104–106

   2. Substituted · 10 U.S.C. § 1436(b)

      Pub. L. 90–485, as substituted provisions authorizing the Secretary to allow the member to reduce the amount of the annuity, allow the member to withdraw from participation in an annuity program, allow the member to elect the annuity provided in section 1434(a)(1) in place of the annuity provided in section 1434(a)(3) under the specified conditions, and allow the member to elect that a child at least 18, but under 23, not be eligible for the specified annuities, setting forth the times when such reduction, withdrawal, or change of election may take place, and disallowing the refunding or crediting of any amount previously withheld, for provisions authorizing the Secretary to allow the member to withdraw from participation in an annuity program whenever the Secretary considers it necessary because of the member’s severe financial hardship, the absence of an eligible beneficiary not of itself to be a basis for such action

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 90–485, as amended by Pub. L. 104–106, substituted provisions authorizing the Secretary to allow the member to reduce the amount of the annuity, allow the member to withdraw from participation in an annuity program, allow the member to elect the annuity provided in section 1434(a)(1) in place of the annuity provided in section 1434(a)(3) under the specified conditions, and allow the member to elect that a child at least 18, but under 23, not be eligible for the specified annuities, setting forth the times when such reduction, withdrawal, or change of election may take place, and disallowing the refunding or crediting of any amount previously withheld, for provisions authorizing the Secretary to allow the member to withdraw from participation in an annuity program whenever the Secretary considers it necessary because of the member’s severe financial hardship, the absence of an eligible beneficiary not of itself to be a basis for such action.

   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
   Pub. L. 104–106, div. A, title XV, § 1505(c), Feb. 10, 1996, 110 Stat. 514, provided that the amendment made by that section is effective Aug. 13, 1968, and as if included in Pub. L. 90–485 as originally enacted.

5. 1972

   Pub. L. 92–425 § 1(2)(A) · 86 Stat. 706

   Substituted · 10 U.S.C. § 1436(a)

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

   Source evidence

   Code amendment note
   Subsec. (a). 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”.

6. 1996

   National Defense Authorization Act for Fiscal Year 1996

   Pub. L. 104–106 div. A title XV § 1505(c) · 110 Stat. 186

   Changed · 10 U.S.C. § 1436(b)

   Pub. L. 104–106 made technical correction to directory language of Pub. L. 90–485, § 1(6). See 1968 Amendment note below

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 104–106 made technical correction to directory language of Pub. L. 90–485, § 1(6). See 1968 Amendment note below.

   Enacted provision · exact public law section
   (c) Public Law 90–485.— Effective date. 10 USC 1436. Effective as of August 13, 1968, and as if included therein as originally enacted, section 1(6) of Public Law 90–485 (82 Stat. 753) is amended— (1) by striking out the close quotation marks after the end of clause (4) of the matter inserted by the amendment made by that section; and (2) by adding close quotation marks at the end.

   Effective date note
   Pub. L. 104–106, div. A, title XV, § 1505(c), Feb. 10, 1996, 110 Stat. 514, provided that the amendment made by that section is effective Aug. 13, 1968, and as if included in Pub. L. 90–485 as originally enacted.

8 of 9 references resolved to an enrolled provision · 1 partial