10 U.S.C. § 1438

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 1438 - Deposits for amounts not deducted

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.

10 U.S.C. § 1438

Aug. 10, 1956, ch. 1041, 70A Stat. 110; Pub. L. 92-425, §1(2)(A), Sept. 21, 1972, 86 Stat. 706.

HISTORICAL AND REVISION NOTE
Revised section	Source (U.S. Code)	Source (Statutes at Large)
1438	37:374.	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".

pay

The term "pay" includes basic pay, special pay, retainer pay, incentive pay, retired pay, and equivalent pay, but does not include allowances.