
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC1433]

 
                         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. 1433. Mental incompetency of member

    If a person who would be entitled to make an election under section 
1431 or 1432 of this title is determined to be mentally incompetent by 
medical officers of the armed force concerned or of the Department of 
Veterans Affairs, or by a court of competent jurisdiction, and for that 
reason cannot make the election within the prescribed time, the 
Secretary concerned may make an election for that person upon the 
request of his spouse or, if there is no spouse, of his children who 
would be eligible to be made beneficiaries under section 1435 of this 
title. If the person for whom the Secretary has made an election is 
later determined to be mentally competent by medical officers of the 
Department of Veterans Affairs or by a court of competent jurisdiction, 
he may, within 180 days after that determination, change or revoke that 
election. However, deductions made from his retired or retainer pay 
before that date may not be refunded.

(Aug. 10, 1956, ch. 1041, 70A Stat. 109; Pub. L. 101-189, div. A, title 
XVI, Sec. 1621(a)(1), Nov. 29, 1989, 103 Stat. 1602.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
1433..................................  37:372 (less (a) and (b)).           Au
g. 8, 1953, ch. 393, Sec.  3
                                                                              (
less (a) and (b)), 67 Stat. 502.
-------------------------------------------------------------------------------
---------------------------------

    The first 19 words are substituted for 37:372(c) (1st 9 words). The 
words ``who would be eligible to be made beneficiaries under section 
1435 of this title'' are inserted to reflect the limitations in 
37:371(f). The words ``for that reason cannot'' are substituted for the 
words ``because of such mental incompetency is incapable of''. The words 
``or is adjudged mentally incompetent'', ``provided for in this 
section'', and ``where appropriate is subsequently adjudged mentally 
competent'' are omitted as surplusage. The last sentence is substituted 
for 37:372(c) (last sentence).


                               Amendments

    1989--Pub. L. 101-189 substituted ``Department of Veterans Affairs'' 
for ``Veterans' Administration'' in two places.

                  Section Referred to in Other Sections

    This section is referred to in section 1431 of this title.
