
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: 10USC1438]

 
                         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. 1438. Deposits for amounts not deducted

    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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 110; Pub. L. 92-425, Sec. 1(2)(A), 
Sept. 21, 1972, 86 Stat. 706.)

                                          Historical and Revision Notes
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---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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1438..................................  37:374.                              Au
g. 8, 1953, ch. 393, Sec.  5, 67
                                                                              S
tat. 504.
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---------------------------------

    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.


                               Amendments

    1972--Pub. L. 92-425 substituted ``subchapter'' for ``chapter''.

                  Section Referred to in Other Sections

    This section is referred to in title 5 sections 8311, 8316; title 26 
section 122.
