10-U.S.C.-1449
§1449 – Mental Incompetency of Member
Pathway
Title 10 > Subtitle A > Part II > Chapter 73 > Subchapter II > Section 1449
Details
- Reference: Section 1449
- Legend: §1449 – Mental Incompetency of Member
- USCode Year: 2013
Provision Content
(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, §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.)
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.
U.S. Encyclopedia of Law Coverage
10-U.S.C.-1436A in the Legal Encyclopedia: General Military Law
In this entry about 10-U.S.C.-1436A, find legal reference material, bibliographies and premiere content related to general military law in the American Encyclopedia of Law, presenting a comprehensive view of the United States general military law-specific issues, written by authorities in the field.
10-U.S.C.-1404 in the Legal Encyclopedia: Retirement
In this entry about 10-U.S.C.-1404, find legal reference material, bibliographies and premiere content related to retirement in the American Encyclopedia of Law, presenting a comprehensive view of the United States retirement-specific issues, written by authorities in the field.
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