10-U.S.C.-1433
§1433 – Mental Incompetency of Member
Pathway
Title 10 > Subtitle A > Part II > Chapter 73 > Subchapter I > Section 1433
Details
- Reference: Section 1433
- Legend: §1433 – Mental Incompetency of Member
- USCode Year: 2013
Provision Content
If a person who would be entitled to make an election under section 1431 or 1432 of this title 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, and for that reason cannot make the election within the prescribed time, the Secretary concerned may make an election for that person upon the request of his spouse or, if there is no spouse, of his children who would be eligible to be made beneficiaries under section 1435 of this title. If the person for whom the Secretary has made an election is later determined to be mentally competent by medical officers of the Department of Veterans Affairs or by a court of competent jurisdiction, he may, within 180 days after that determination, change or revoke that election. However, deductions made from his retired or retainer pay before that date may not be refunded.
(Aug. 10, 1956, ch. 1041, 70A Stat. 109; Pub. L. 101–189, div. A, title XVI, §1621(a)(1), Nov. 29, 1989, 103 Stat. 1602.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1433 | 37:372 (less (a) and (b)). | Aug. 8, 1953, ch. 393, §3 (less (a) and (b)), 67 Stat. 502. |
The first 19 words are substituted for 37:372(c) (1st 9 words). The words who would be eligible to be made beneficiaries under section 1435 of this title are inserted to reflect the limitations in 37:371(f). The words for that reason cannot are substituted for the words because of such mental incompetency is incapable of. The words or is adjudged mentally incompetent, provided for in this section, and where appropriate is subsequently adjudged mentally competent are omitted as surplusage. The last sentence is substituted for 37:372(c) (last sentence).
Amendments
1989—Pub. L. 101–189 substituted Department of Veterans Affairs for Veterans’ Administration in two places.
U.S. Encyclopedia of Law Coverage
10-U.S.C.-1401 in the Legal Encyclopedia: General Military Law
In this entry about 10-U.S.C.-1401, 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.-1129 in the Legal Encyclopedia: Military Organization
In this entry about 10-U.S.C.-1129, find legal reference material, bibliographies and premiere content related to military organization in the American Encyclopedia of Law, presenting a comprehensive view of the United States military organization-specific issues, written by authorities in the field.
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