Page:United States Statutes at Large Volume 70A.djvu/166

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108 If, while on active duty after retirement or after his name was placed on the temporary disability retired list, a member covered by this subsection was promoted to a higher grade in which he served satisfactorily, as determined by the Secretary concerned, he is entitled to retired pay based on the monthly basic pay to which he would be entitled if he were on active duty in that higher grade. § 1403. Disability retired pay: treatment under title 26 That part of the retired pay of a member of an armed force, computed under formula No. 1 or 2 of section 1401, or under section 1402 (d), of this title on the basis of years of service, which exceeds the retired pay that he would receive if it were computed on the basis of percentage of disability is not considered as a pension, annuity, or similar allowance for personal injury, or sickness, resulting from active service in the armed forces, under section 104(a) of title 26. § 1404. Applicability of section 47a of title 5 The retirement provisions of this title are subject to section 47a of title 5. CHAPTER 73.—ANNUITIES BASED ON RETIRED OR RETAINER PAY Sec.

1431. 1432. 1433. 1434. 1435. 1436. 1437. 1438. 1439. 1440. 1441. 1442. 1443. 1444.

Election of annuity: members of armed forces. Election of annuity: former members of armed forces. Mental incompetency of member. Kinds of annuities that may be elected. Eligible beneficiaries. Computation of reduction in retired pay. Payment of annuity. Deposits for amounts not deducted. Refund of amounts deducted from retired pay. Annuities not subject to legal process. Annuities in addition to other payments. Recovery of annuity erroneously paid. Board of Actuaries. Regulations; reports to Congress; determinations.

§ 1431. Election of annuity: members of armed forces (a) This section applies to all members of the armed forces except— (1) members whose names are on a retired list or who are in the Retired Reserve; (2) Reserves on an inactive status list; (3) members assigned to the inactive National Guard; (4) cadets at the United States Military Academy, the United States Air Force Academy, or the Coast Guard Academy; and (5) midshipmen. (b) To provide an annuity under section 1434 of this title, a person covered by subsection (a) may elect to receive a reduced amount of the retired or retainer pay to which he may become entitled as a result of service in his armed force. The election must be made before he completes 18 years of service for which he is entitled to credit in the computation of his basic pay. However, if, because of military operations, he is missing in action, interned in a neutral country, captured by a hostile force, or beleaguered or besieged, and for that