Notes on 10 U.S.C. § 1449 : US Code - Notes

Search Notes on 10 U.S.C. § 1449 : US Code - Notes

(Added Pub. L. 92-425, Sec. 1(3), Sept. 21, 1972, 86 Stat. 708;
amended Pub. L. 95-397, title II, Sec. 207(a), Sept. 30, 1978, 92
Stat. 848; Pub. L. 101-189, div. A, title XIV, Sec. 1407(a)(3),
title XVI, Sec. 1621(a)(1), Nov. 29, 1989, 103 Stat. 1588, 1602;
Pub. L. 104-201, div. A, title VI, Sec. 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.
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Mental incompetency of member

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