
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: 10USC1446]

 
                         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. 1446. Restriction on participation

    (a) Notwithstanding section 1441 of this title, if a person--
        (1) has made an election under this subchapter; and
        (2) is retired for physical disability before he completes 19 
    years of service for which he is entitled to credit in the 
    computation of his basic pay;

and thereafter dies, his beneficiaries are not entitled to the annuities 
provided under this subchapter until they give proof to the department 
concerned that they are not eligible for benefits under chapter 11 or 13 
of title 38. If the beneficiaries are not eligible for benefits under 
chapter 11 or 13 of title 38, the annuity shall begin on the first day 
of the month in which the death occurs.
    (b) Whenever the beneficiaries on whose behalf the election was made 
are restricted, under subsection (a), from participating in the 
annuities provided under this subchapter, the amount withheld from the 
elector's retired or retainer pay as a result of an election under this 
subchapter shall be refunded to the beneficiaries, less the amount of 
any annuities paid under this subchapter, and in either case without 
interest.

(Added Pub. L. 87-381, Sec. 6(1), Oct. 4, 1961, 75 Stat. 811; amended 
Pub. L. 90-485, Sec. 1(8), Aug. 13, 1968, 82 Stat. 754; Pub. L. 92-425, 
Sec. 1(2)(A), Sept. 21, 1972, 86 Stat. 706.)


                               Amendments

    1972--Pub. L. 92-425 substituted ``subchapter'' for ``chapter'' 
wherever appearing.
    1968--Subsec. (a)(2). Pub. L. 90-485 substituted ``19'' for ``18''.


                    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.
