Page:United States Statutes at Large Volume 70A.djvu/167

109 109 reason is unable to make the election before completing 18 years of that service, he may make the election within six months after he returns to the jurisdiction of his armed force. (c) An election made under subsection (b) may be changed or revoked by the elector before his retirement or before he becomes entitled to retired or retainer pay. However, unless made under section 1433, the change or revocation is not effective if he is retired or becomes entitled to retired or retainer pay within five years after the date of the change or revocation. I f he revokes the election, he may not change or withdraw the revocation. (d) A person who was retired or granted retired or retainer pay before November 1, 1953, and who elected within 180 days after that date to receive a reduced amount of that pay to provide an annuity, may not revoke that election. § 1432. Election of annuity: former members of armed forces A person who was a former member of an armed force on November 1, 1953, and who is granted retired or retainer pay after that date, may, at the time he is granted that pay, make an election as provided in section 1431 of this title. § 1433. Mental incompetency of member I f 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 Veterans' Administration, 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. I f the person for whom the Secretary has made an election is later determined to be mentally competent by medical officers of the Veterans' Administration 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. § 1434. Kinds of annuities that may be elected (a) The annuity that a person is entitled to elect under section 1431 or 1432 of this title may be 50, 25, or 12^^ percent, as specified by the elector at the time of the election, of the reduced amount of his retired or retainer pay. H e may make the annuity payable— (1) to, or on behalf of, the surviving spouse, ending when the spouse dies or remarries; (2) in equal shares to, or on behalf of, the surviving children eligible for the annuity at the time each payment is due, ending when there is no surviving eligible child; or (3) to, or on behalf of, the surviving spouse, and after the death or remarriage of that spouse, in equal shares to, or on behalf of, the surviving children, ending when there is no surviving eligible child. (b) A person may elect to provide both the annuity provided in clause (1) of subsection (a) and that provided in clause (2) of sub-

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