
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: 10USC1437]

 
                         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. 1437. Payment of annuity

    (a) Except as provided in subsections (b) and (c), each annuity 
payable under this subchapter accrues as of the first day of the month 
in which the person upon whose pay the annuity is based dies. Payments 
shall be made in equal installments and not later than the fifteenth day 
of each month following that month. However, no annuity accrues for the 
month in which entitlement thereto ends. The monthly amount of an 
annuity payable under this subchapter, if not a multiple of $1, shall be 
rounded to the next lower multiple of $1.
    (b) Each annuity payable to or on behalf of an eligible child (other 
than a child who is incapable of supporting himself because of a mental 
defect or physical incapacity existing before his eighteenth birthday) 
as defined in section 1435(2)(B) of this title who is at least eighteen 
years of age and pursuing a full-time course of study or training at a 
recognized educational institution, accrues--
        (1) as of the first day of the month in which the member upon 
    whose pay the annuity is based dies, if the eligible child's 
    eighteenth birthday occurs in the same or a preceding month.
        (2) as of the first day of the month in which the eighteenth 
    birthday of an eligible child occurs, if the member upon whose pay 
    the annuity is based died in a preceding month.
        (3) as of the first day of the month in which a child first 
    becomes or again becomes eligible, if that eligible child's 
    eighteenth birthday and the death of the member upon whose pay the 
    annuity is based both occurred in a preceding month or months.

However, no such annuity is payable or accrues for any month before 
November 1, 1968.
    (c)(1) Upon application of the beneficiary of a member entitled to 
retired or retainer pay whose retired or retainer pay has been suspended 
because the member has been determined to be missing, the Secretary 
concerned may determine for purposes of this subchapter that the member 
is presumed dead. Any such determination shall be made in accordance 
with regulations prescribed under section 1444(a) of this title. The 
Secretary concerned may not make a determination for purposes of this 
subchapter that a member is presumed dead unless he finds--
        (A) that the member has been missing for at least 30 days; and
        (B) that the circumstances under which the member is missing 
    would lead a reasonably prudent person to conclude that the member 
    is dead.

    (2) Upon a determination under paragraph (1) with respect to a 
member, an annuity otherwise payable under this subchapter shall be paid 
as if the member died on the date as of which the retired or retainer 
pay of the member was suspended.
    (3)(A) If, after a determination under paragraph (1), the Secretary 
concerned determines that the member is alive, any annuity being paid 
under this subchapter by reason of this subsection shall be promptly 
terminated and the total amount of any annuity payments made by reason 
of this subsection shall constitute a debt to the United States which 
may be collected or offset--
        (i) from any retired or retainer pay otherwise payable to the 
    member;
        (ii) if the member is entitled to compensation under chapter 11 
    of title 38, from that compensation; or
        (iii) if the member is entitled to any other payment from the 
    United States, from that payment.

    (B) If the member dies before the full recovery of the amount of 
annuity payments described in subparagraph (A) has been made by the 
United States, the remaining amount of such annuity payments may be 
collected from the member's beneficiary under this subchapter if that 
beneficiary was the recipient of the annuity payments made by reason of 
this subsection.

(Aug. 10, 1956, ch. 1041, 70A Stat. 110; Pub. L. 90-485, Sec. 1(7), Aug. 
13, 1968, 82 Stat. 753; Pub. L. 92-425, Sec. 1(2)(A), Sept. 21, 1972, 86 
Stat. 706; Pub. L. 96-513, title V, Sec. 511(57), Dec. 12, 1980, 94 
Stat. 2925; Pub. L. 98-94, title IX, Sec. 922(a)(14)(A), Sept. 24, 1983, 
97 Stat. 642; Pub. L. 98-525, title VI, Sec. 642(a)(1), Oct. 19, 1984, 
98 Stat. 2545; Pub. L. 99-145, title XIII, Sec. 1303(a)(9), Nov. 8, 
1985, 99 Stat. 739.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
1437..................................  37:379.                              Au
g. 8, 1953, ch. 393, Sec.  10, 67
                                                                              S
tat. 504.
-------------------------------------------------------------------------------
---------------------------------

    The words ``the person upon whose reduced pay the annuity is based'' 
are substituted for the words ``the retired member'' since persons other 
than retired members may elect an annuity. The words ``due and'' and 
``or be paid'' are omitted as surplusage.


                               Amendments

    1985--Subsec. (c)(3)(A). Pub. L. 99-145 struck out 
``(notwithstanding section 144 of this title)'' after ``which''.
    1984--Subsec. (a). Pub. L. 98-525, Sec. 642(a)(1)(A), substituted 
``subsections (b) and (c),'' for ``subsection (b)''.
    Subsec. (c). Pub. L. 98-525, Sec. 642(a)(1)(B), added subsec. (c).
    1983--Subsec. (a). Pub. L. 98-94 inserted ``The monthly amount of an 
annuity payable under this subchapter, if not a multiple of $1, shall be 
rounded to the next lower multiple of $1.''
    1980--Subsec. (b). Pub. L. 96-513 substituted ``before November 1, 
1968'' for ``prior to the effective date of this subsection''.
    1972--Subsec. (a). Pub. L. 92-425 substituted ``subchapter'' for 
``chapter''.
    1968--Pub. L. 90-485 designated existing provisions as subsec. (a), 
inserted ``Except as provided in subsection (b)'', substituted ``whose 
pay'' for ``whose reduced pay'', and added subsec. (b).


                    Effective Date of 1983 Amendment

    Amendment by Pub. L. 98-94 effective Oct. 1, 1983, see section 
922(e) of Pub. L. 98-94, set out as a note under section 1401 of this 
title.


                    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 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.

                  Section Referred to in Other Sections

    This section is referred to in section 1440 of this title.
