10 U.S.C. § 1449 — Mental incompetency of member

submitted 54 years ago by Pub. L. 92-425 to r/title-10-ARMED-FORCES · 164 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section lets the Secretary make certain Survivor Benefit Plan elections for a mentally incompetent person. It allows later revocation after competence is restored but does not refund related deductions.

(a) If a person covered by section 1448 is found mentally incompetent by medical officers of the relevant armed force or Veterans Affairs, or by a competent court, the Secretary concerned may make on that person’s behalf an election described in section 1448(a)(2) or (b). (b)(1) If an authority listed in (a) later finds the person competent, the person may revoke the Secretary’s election within 180 days after that finding. (2) A deduction from retired pay or combat-related special compensation because of the election may not be refunded.

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

(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 or CRSC not to be refunded.—

Any deduction made from retired pay or combat-related special compensation by reason of such an election may not be refunded.

Source credit: (Added Pub. L. 92–425, § 1(3), Sept. 21, 1972, 86 Stat. 708; amended Pub. L. 95–397, title II, § 207(a), Sept. 30, 1978, 92 Stat. 848; Pub. L. 101–189, div. A, title XIV, § 1407(a)(3), title XVI, § 1621(a)(1), Nov. 29, 1989, 103 Stat. 1588, 1602; Pub. L. 104–201, div. A, title VI, § 634, Sept. 23, 1996, 110 Stat. 2560; Pub. L. 114–328, div. A, title VI, § 643(c)(1), Dec. 23, 2016, 130 Stat. 2166.)

history & why it existsrecord from the source credit

1972Enacted · Pub. L. 92-425 · 86 Stat. 708
1978Amended · Pub. L. 95-397 · 92 Stat. 848
1989Amended · Pub. L. 101-189 · 103 Stat. 1588, 1602
1996Amended · Pub. L. 104-201 · 110 Stat. 2560
2016Amended · Pub. L. 114-328 · 130 Stat. 2166

A history note hasn’t been published yet. The record shows enactment by Pub. L. 92-425 on 1972-09-21.

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