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10 U.S.C. § 1438

U.S. CodeFederalPositive Law
Deposits for amounts not deducted
About This Law
/us/usc/t10/s1438
Title
10 — Armed Forces
Chapter
STA/PTII/CH73
Release
119-84
Release Date
2026-04-17

Section Text

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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, § 1(2)(A), Sept. 21, 1972, 86 Stat. 706.) Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 143837:374.Aug. 8, 1953, ch. 393, § 5, 67 Stat. 504. 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. Editorial Notes Amendments1972—Pub. L. 92–425 substituted “subchapter” for “chapter”.

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