
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC1434]

 
                         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. 1434. Kinds of annuities that may be elected

    (a) 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 12\1/2\ percent of his retired or 
retainer pay, in no case less than $25. He may make the annuity 
payable--
        (1) 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;
        (2) 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
        (3) 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.

    (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 the combined amount of the annuities may not be more 
than 50 percent nor less than 12\1/2\ percent of his retired or retainer 
pay but in no case less than $25.
    (c) 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.
    (d) 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.
    (e) 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.

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

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

    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 12\1/2\ 
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''.


                               Amendments

    1980--Subsecs. (a), (b). Pub. L. 96-513 substituted ``percent'' for 
``per centum'' wherever appearing.
    1978--Subsec. (a)(1). Pub. L. 95-397, Sec. 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, Sec. 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, Sec. 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 12\1/2\ 
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 
12\1/2\ 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 12\1/
2\ 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 12\1/
2\ 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, Sec. 3(1), substituted permission 
to elect only 25 or 12\1/2\ 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, Sec. 3(2), added subsec. (d).


                    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

    Section 101(b) of Pub. L. 95-397 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

    Section 102 of Pub. L. 95-397 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 1431, 1436 of this title.
