If 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 Department of Veterans Affairs, 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 . If the person for whom the Secretary has made an election is later determined to be mentally competent by medical officers of the Department of Veterans Affairs 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.section 1435 of this title
Title 10
10
10 U.S.C. § 1433.Chapter 73
§ 1433
Mental incompetency of member
Title 10
1 min read
Subchapter: RETIRED SERVICEMAN’S FAMILY PROTECTION PLAN
Need the full chapter outline? Open Chapter 73 to browse every section without loading the entire chapter explorer on this page.