
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: 10USC1435]

 
                         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. 1435. Eligible beneficiaries

    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:
        (1) 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.
        (2) The children of the member who are--
            (A) unmarried;
            (B) 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;
            (C) legitimate or adopted children of, or stepchildren in 
        fact dependent for their support upon, the member;
            (D) 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
            (E) 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.

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

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

    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.


                               Amendments

    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.


                    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.

                  Section Referred to in Other Sections

    This section is referred to in sections 1433, 1434, 1437 of this 
title.
