Section 1438 · Deposits for amounts not deducted

Amended 2 times on record

If, for any period, a person who has been retired or has become entitled to retired or retainer pay, and who has elected an annuity under this subchapter, is not entitled to retired or retainer pay, he must deposit in the Treasury the amount that would otherwise have been deducted from his pay for that period to provide the annuity.

Editorial notes U.S. Code · Office of the Law Revision Counsel

The words “a person who has been retired or has become entitled to retired or retainer pay, and who has elected an annuity under this chapter” are substituted for the words “a retired member of a uniformed service who has made the election specified in section 372 of this title”, since the revised chapter applies to persons who are receiving retired pay as well as retired members. The word “otherwise” is substituted for the words “had he been receiving that pay”. The words “to provide the annuity” are inserted for clarity.

Amendments

1972—Pub. L. 92–425 substituted “subchapter” for “chapter”.

Cross References

Exclusion from gross income, see section 122 of Title 26, Internal Revenue Code.

Refund of deposit, see section 8316 of Title 5, Government Organization and Employees.