(a)An individual, or his survivor or beneficiary, may not be paid annuity or retired pay on the basis of the service of the individual which is creditable toward the annuity or retired pay, subject to the exceptions in section
8311(2) and (3) of this title, if the individual knowingly and willfully made or makes a false, fictitious, or fraudulent statement or representation, or knowingly and willfully concealed or conceals a material fact—
(1)before, on, or after September 1, 1954, concerning his—
(A)past or present membership in, affiliation or association with, or support of the Communist Party, or a chapter, branch, or subdivision thereof, in or outside the United States, or other organization, party, or group advocating—
(i)the overthrow, by force, violence, or other unconstitutional means, of the Government of the United States;
(ii)the establishment, by force, violence, or other unconstitutional means, of a Communist totalitarian dictatorship in the United States; or
(iii)the right to strike against the United States;
(B)conviction of an offense named by subsection (b) ofsection
8312 of this title, to the extent provided by that subsection; or
(C)failure or refusal to appear, testify, or produce a book, paper, record, or other document, as specified by section
8314 of this title; or
(2)before, on, or after September 26, 1961, concerning his conviction of an offense named by subsection (c) ofsection
8312 of this title, to the extent provided by that subsection;
in a document executed by the individual in connection with his employment in, or application for, a civilian or military office or position in or under the legislative, executive, or judicial branch of the Government of the United States or the government of the District of Columbia.
(b)The prohibition on the payment of annuity or retired pay applies—
(1)with respect to matters specified by subsection (a)(1) of this section, to the period after the statement, representation, or concealment of fact is made or occurs, or after September 1, 1954, whichever is later; and
(2)with respect to matters specified by subsection (a)(2) of this section, to the period after the statement, representation, or concealment of fact is made or occurs, or after September 26, 1961, whichever is later.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
Description of Change
Statutes at Large
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