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10 U.S.C. § 1403 — Disability retired pay: treatment under Internal Revenue Code of 1986

submitted 70 years ago by ch. 1041 to r/title-10-ARMED-FORCES · 92 words · no verdicts yet

in plain englishAI-generated · not legal advice

For the Internal Revenue Code rule cited here, a specified portion of a member’s retired pay is not treated as a pension, annuity, or similar payment for injury or sickness from active military service. The excluded portion is the amount based on years of service that exceeds the amount based on disability percentage.

If a member’s retired pay is computed under formula 1 or 2 of section 1401, or under section 1402(d) or 1402a(d) on the basis of years of service, the part that exceeds the retired pay the member would receive if it were computed using the percentage of disability is not considered, under section 104(a) of the Internal Revenue Code of 1986, a pension, annuity, or similar allowance for personal injury or sickness resulting from active service in the armed forces.

the actual law source: uscode.house.gov ↗public domain

That part of the retired pay of a member of an armed force, computed under formula No. 1 or 2 of section 1401, or under section 1402(d) or 1402a(d) of this title on the basis of years of service, which exceeds the retired pay that he would receive if it were computed on the basis of percentage of disability is not considered as a pension, annuity, or similar allowance for personal injury, or sickness, resulting from active service in the armed forces, under section 104(a) of the Internal Revenue Code of 1986.

Source credit: (Aug. 10, 1956, ch. 1041, 70A Stat. 108; Pub. L. 96–342, title VIII, § 813(b)(3)(C), Sept. 8, 1980, 94 Stat. 1104; Pub. L. 96–513, title V, § 511(52)(A), (B), Dec. 12, 1980, 94 Stat. 2925; Pub. L. 100–26, § 7(h)(1), (2)(A), Apr. 21, 1987, 101 Stat. 282.)

history & why it existsrecord from the source credit
  • 1956Enacted · Act of Aug. 10, 1956, ch. 1041
  • 1980Amended · Pub. L. 96-342 · 94 Stat. 1104
  • 1980Amended · Pub. L. 96-513 · 94 Stat. 2925
  • 1987Amended · Pub. L. 100-26 · 101 Stat. 282

A history note hasn’t been published yet. The record shows enactment by ch. 1041 on 1956-08-10.

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