Title 10 — Armed Forces
Part II · Chapter 73 — Annuities Based on Retired or Retainer Pay
§ 1438. Deposits for amounts not deducted
Statutory 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.
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.
Aug. 10, 1956, ch. 1041, 70A Stat. 110 · 70A Stat. 110
Enacted · 10 U.S.C. § 1438
Aug. 10, 1956, ch. 1041, 70A Stat. 110
Source evidence
Code source credit
Aug. 10, 1956, ch. 1041, 70A Stat. 110Pub. L. 92–425 § 1(2)(A) · 86 Stat. 706
Substituted · 10 U.S.C. § 1438
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”.
1 of 2 references resolved to an enrolled provision · 1 partial
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| Revised section | Source (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.
Editorial Notes
Amendments
1972—Pub. L. 92–425 substituted “subchapter” for “chapter”.
Credits
1956–1972 · 2 acts
- 1956Aug. 10, 1956, ch. 1041, 70A Stat. 110
- 1972Pub. L. 92–425, § 1(2)(A), , 86 Stat. 706.
Show as published
(Aug. 10, 1956, ch. 1041, 70A Stat. 110; Pub. L. 92–425, § 1(2)(A), , 86 Stat. 706.)