Page:United States Statutes at Large Volume 75.djvu/850

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PUBLIC LAW 87-381-OCT. 4, 1961

[75 S T A T.

Public Law 87-381 October 4, 1961 [H. R. 6668]

Armed Forces. Retired members. rs.ei.ireu m e i i i u e r S.

"^^ ACT

To amend title 10, United States Code, with respect to annuities based on retired or retainer pay, and for other purposes.

Be it enacted by the Senate and Hcmse of Representatives of the United States of America in Congress assembled. That title 10, United QH,

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Family p r o t e c- otates Cocie, IS amended as lollows: "°io^u s'c 14 3 1- ^^) ^^^^ ^^^^^ ^^ chapter 73 is amended to read as follows: 1444.

"CHAPTER 73.—RETIRED SERVICEMAN'S FAMILY PROTECTION PLAN'* (2) The chapter analysis of subtitle A and the analysis of part II of subtitle A are each amended by striking out the following item: "73. Annuities Based on Retired or Retainer Pay

1431"

and inserting the following item in place thereof: "73. Retired Serviceman's Family Protection Plan__

70A Stat. 108.

io^sc?*i376^'

70A Stat. 109.

1431".

SEC. 2. Section 1431 of title 10, United States Code, is amended to read as follows: "§ 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 other than a ^^^* maintained under section 1376(a) of this title; " (2) cadets at the United States Military Academy, the United States Air Force Academy, or the Coast Guard Academy; and "(3) 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. Except as otherwise provided in this section, unless it is made before he completes 18 years of service for which he is entitled to credit in the computation of his basic pay, the election must be made at least three years before the first day for which retired or retainer pay is granted. However, if, because of military operations, a member is assigned to an isolated station or is missing, interned in a neutral country, captured by a hostile force, or beleaguered or besieged, and for that reason is unable to make an election before completing 18 years of that service, he may make the election, to become effective immediately, within one year after he ceases to be assigned to that station or returns to the jurisdiction of his armed force, as the case may be. A member to whom retired pay or retainer pay is granted retroactively, and who is otherwiss eligible to make an election, may make the election within 90 days after receiving notice that such pay has been granted to him. "(c) An election may be changed or revoked by the elector before the first day for which retired or retainer pay is granted. However, unless made on the basis of restored mental competency under section 1433 of this title, the change or revocation is not effective if made less than three years before the first day for which retired or retainer pay is granted. " (d) If an election made under this section is found to be void for any reason except fraud or willful intent of the member making the election, he may make a corrected election at any time within 90 days after he is notified in writing that the election is void. A corrected election made under this subsection is effective as of the date of the voided election it replaces."

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