
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: 10USC1449]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
         CHAPTER 73--ANNUITIES BASED ON RETIRED OR RETAINER PAY
 
                  SUBCHAPTER II--SURVIVOR BENEFIT PLAN
 
Sec. 1449. Mental incompetency of member

    (a) Election by Secretary Concerned on Behalf of Mentally 
Incompetent Member.--If a person to whom section 1448 of this title 
applies is determined to be mentally incompetent by medical officers of 
the armed force concerned or of the Department of Veterans Affairs, or 
by a court of competent jurisdiction, an election described in 
subsection (a)(2) or (b) of section 1448 of this title may be made on 
behalf of that person by the Secretary concerned.
    (b) Revocation of Election by Member.--
        (1) Authority upon subsequent determination of mental 
    competence.--If a person for whom the Secretary has made an election 
    under subsection (a) is later determined to be mentally competent by 
    an authority named in that subsection, that person may, within 180 
    days after that determination, revoke that election.
        (2) Deductions from retired pay not to be refunded.--Any 
    deduction made from retired pay by reason of such an election may 
    not be refunded.

(Added Pub. L. 92-425, Sec. 1(3), Sept. 21, 1972, 86 Stat. 708; amended 
Pub. L. 95-397, title II, Sec. 207(a), Sept. 30, 1978, 92 Stat. 848; 
Pub. L. 101-189, div. A, title XIV, Sec. 1407(a)(3), title XVI, 
Sec. 1621(a)(1), Nov. 29, 1989, 103 Stat. 1588, 1602; Pub. L. 104-201, 
div. A, title VI, Sec. 634, Sept. 23, 1996, 110 Stat. 2560.)


                               Amendments

    1996--Pub. L. 104-201 amended section generally. Prior to amendment, 
section read as follows: ``If a person to whom section 1448 of this 
title applies is determined to be mentally incompetent by medical 
officers of the armed force concerned or of the Department of Veterans 
Affairs, or by a court of competent jurisdiction, any election described 
in subsection (a)(2) or (b) of section 1448 of this title may be made on 
behalf of that person by the Secretary concerned. If the person for whom 
the Secretary has made an election is later determined to be mentally 
competent by an authority named in the first sentence, he may, within 
180 days after that determination revoke that election. Any deductions 
made from retired pay by reason of such an election will not be 
refunded.''
    1989--Pub. L. 101-189 substituted ``Department of Veterans Affairs'' 
for ``Veterans' Administration'' and struck out ``or retainer'' after 
``made from retired''.
    1978--Pub. L. 95-397 substituted ``subsection (a)(2) or (b)'' for 
``the first sentence of subsection (a), or subsection (b)''.


                    Effective Date of 1978 Amendment

    Amendment by Pub. L. 95-397 effective Oct. 1, 1978, and applicable 
to annuities payable by virtue of amendment for months beginning on or 
after such date, see section 210 of Pub. L. 95-397, set out as a note 
under section 1447 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1450, 1460a of this title.
